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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.
01/2024/TT-BKHDT
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Hanoi, February
15, 2024
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CIRCULAR
GUIDELINES FOR
PROVISION AND PUBLISHING OF INFORMATION ON SELECTION OF CONTRACTORS AND FORMS
OF BIDDING DOCUMENTS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on Bidding dated June 23,
2023;
Pursuant to the Law on Electronic Transactions
dated November 29, 2005;
Pursuant to the Government’s Decree No.
130/2018/ND-CP dated September 27, 2018 on guidelines for the Law on
E-Transactions of digital signatures and digital signature authentication;
Pursuant to the Government's Decree No.
01/2021/ND-CP dated January 04, 2021 on enterprise registration;
Pursuant to the Government's Decree No.
89/2022/ND-CP dated October 28, 2022 on functions, tasks, powers and
organizational structure of the Ministry of Planning and Investment;
At the request of the Director of Public
Procurement Agency of Vietnam;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines for provision and
publishing of information on selection of contractors and forms of bidding
documents, including:
a) Forms of preparation, appraisal and approval for
contractor selection master plan, contractor selection plans with respect to
projects, procurement cost estimates according to regulations in Article 1 and
Article 2 of the Law on Bidding;
b) Forms of bidding documents on Vietnam national
e-procurement system with respect to consulting service, non-consulting
service, procurement, construction, drug procurement packages within the scope
of the Law on Bidding under domestic competitive bidding, limited bidding and
shopping according to single-stage one-envelope procedure, single-stage
two-envelope procedure.
Article 2. Regulated entities
1. Organizations and individuals related to
selection of contractors that fall within the scope of Article 1 of this
Circular.
2. Organizations and individuals engaged in
selection of contractors that are not regulated in Article 1 of this Circular
but choose to apply regulations of this Circular. In this case, implementation
procedures shall follow the Instruction Manual on Vietnam National
E-Procurement System.
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1. ”Vietnam National E-Procurement System” (hereinafter
referred to as “the System”) refers to a information technology system built
and managed by the Ministry of Planning and Investment at the address
http://muasamcong.mpi.gov.vn in accordance with regulations laid down in Clause
18 Article 4 of the Law on Bidding.
2. “National Enterprise Registration Information
System” refers to a system of dedicated information about enterprise
registration specified in Clause 2 Article 3 of the Government's Decree No. 01/2021/ND-CP
dated January 04, 2021 on enterprise registration.
3. Abbreviations in this
Circular and on the System include:
a) E-TBMST: online invitation for
prequalification applications;
b) E-TBMQT: online invitation for EOI
(expression of interest);
c) E-TBMT: online invitation to bid, online
notice of proposed procurement;
d) E-HSMQT: online EOI request;
dd) E-HSQT: online EOI;
e) E-HSMST: online document on
prequalification;
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h) E-HSMT: bidding documents used in
e-competitive bidding, e-limited bidding or e-shopping;
i) E-HSDT: bid package used in e-competitive
bidding, e-limited bidding or e-shopping;
k) E-HSDXKT: e-technical proposal;
l) E-HSDXTC: e-financial proposal;
4. “Electronic document” refers
to document or information that is successfully sent, received or stored on the
System, including:
a) Information about the project;
b) Contractor selection master plan; contractor
selection plan;
c) E-TBMQT, E-TBMST, E-TBMT, invitation to bid, invitation
for prequalification applications, invitation for EOI;
d) Shortlist;
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e) Joint venture or consortium agreement;
g) Record on the bid opening, records on the
opening to E-HSDXKT, E-HSDXTC;
h) Reports on evaluation of E-HSQT, E-HSDST, E-HSDT;
i) Contractor selection result;
k) Proposal for result of selection of contractors
and problems regarding the process of e-selection of contractors;
l) Other electronic documents in the System;
5. “Improper information” refers
to information published on the System by entities specified in Article 2 of
this Circular against regulations of the law on bidding and other relevant
laws.
6. “Public digital
certificate” in the System refers to a digital certificate granted by a
public certification authority or a specialized certification authority of the
Government
7. “Instruction manual” refers
to an electronic document published on the System to instruct users to perform
transactions on the System.
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a) Investor;
b) Procuring entity;
c) Bidder;
d) Regulatory unit;
dd) Training center for bidding.
9. “Account of the
participant” (hereinafter referred to as “participation account”) refers
to an account granted by the Vietnam National E-Procurement Center to the
participant to perform one or several roles specified in Clause 8 of this
Article.
10. “Task - specific
account” refers to an account created by the participation account to
perform a specific task on the System.
11. “E-GP project
management enterprise” is an Investment and Development of National E
Procurement System Company Limited established by the Investor (FPT Information
System Co., Ltd) in accordance with regulations of the BOT contract of the e-GP
project. The E-GP project management enterprise and the Vietnam National
E-Procurement Center (hereinafter referred to as “Center") shall be responsible
for organizing and operating the System according to Article 52 of the Law on
Bidding.
12. “BOT contract of the
e-GP project” refers to a contract signed between the Ministry of Planning
and Investment and the Investor (FPT Information System Co., Ltd) for
investment, design, construction, operation, maintenance, upgrading and
transfer of the System in the form of public-private partnership.
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1. Forms of preparation, appraisal
and approval for master plan for selection of contractors include:
a) Form No. 01A used to make
a proposal for the master plan for selection of contractors;
b) Form No. 01B used to make
a report on appraisal of the master plan for selection of contractors;
c) Form No. 01c used to make
a decision on approval of the master plan for selection of contractors;
If it is necessary to change
some contents included in the approved master plan for selection of
contractors, only the changes have to be submitted, appraised and approved.
2. Forms of preparation,
appraisal and approval for the contractor selection plan include:
a) Form No. 02A used to make
a proposal for the contractor selection plan;
b) Form No. 02B used to make
a report on appraisal of the contractor selection plan;
c) Form No. 02C used to make
a decision on approval of the contractor selection plan;
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3. Regarding construction
package:
a) Form No. 3A used to make E-HSMT applying the
form of competitive bidding, limited bidding or shopping method according to
single-stage one-envelope procedure;
b) Form No. 3B used to make E-HSMT applying the
form of competitive bidding or limited bidding method according to single-stage
two-envelope procedure;
c) Form No. 3C used to make E-HSMST.
4. Regarding procurement package (including
centralized procurement);
a) Form No. 4A used to make E-HSMT applying the
form of competitive bidding, limited bidding or shopping method according to
single-stage one-envelope procedure;
b) Form No. 4B used to make E-HSMT applying the
form of competitive bidding or limited bidding method according to single-stage
two-envelope procedure;
c) Form No. 4C used to make E-HSMST.
5. Regarding non-consulting service package:
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b) Form No. 5B used to make E-HSMT applying the
form of competitive bidding or limited bidding method according to single-stage
two-envelope procedure;
c) Form No. 5C used to make E-HSMST.
6. Regarding consulting service package:
a) Form No. 6A used to make E-HSMT applying the
form of competitive bidding or limited bidding method according to single-stage
two-envelope procedure;
b) Form No. 6B used to make E-HSMQT.
7. Regarding drug procurement package:
a) Form No. 7A used to make E-HSMT applying the
form of competitive bidding according to single-stage one-envelope procedure;
b) Form No. 7B used to make E-HSMT applying the
form of competitive bidding according to single-stage two-envelope procedure;
8. Regarding evaluation reports:
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b) Form No. 8B used to make report on evaluation of
E-HSDT according to the process 02 prescribed in Point a Clause 1 Article 28 of
this Circular for non-consultancy service or procurement package adopting
single-stage one-envelope procedure;
c) Form No. 8C used to make report on evaluation of
E-HSDT for non-consultancy service, procurement or construction package
adopting single-stage two-envelope procedure;
d) Form No. 8D used to make report on evaluation of
E-HSDT for consultancy service package adopting single-stage two-envelope
procedure;
9. Appendices:
a) Appendix 1A: Proposal for approval of the result
of evaluation of E-HSDXKT (with regard to a package adopting single-stage
two-envelope procedure);
b) Appendix 1B: Decision on approval of the list of
bidders satisfying technical requirements (with regard to a package adopting
single-stage two-envelope procedure);
c) Appendix 2A: Document collation result (with
regard to all packages);
d) Appendix 2B: Contract negotiation record (with
regard to non-consulting service, procurement, construction or mixed package
applying contract negotiation according to regulations in point d Clause 1
Article 43 of the Law on Bidding);
dd) Appendix 2C: Contract negotiation record (with
regard to consulting service package);
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g) Appendix 4: Commitment;
h) Appendix 5: Registration of information on legal
documents on bidding;
i) Appendix 6: Notification of information about
foreign contractor selected in Vietnam;
k) Appendix 7: Notification of actions against
violations of the bidding law;
l) Appendix 8: Violations against regulations on
Clause 3 Article 44 of the Law on Bidding.
10. The selection of contractors for projects which
are funded by the official development assistance (ODA) or concessional loans
of foreign donors under international conventions to which the Socialist
Republic of Vietnam is a signatory (hereinafter referred to as “international
conventions") or foreign loan agreements shall comply with regulations in
Clause 5 Article 3 of the Law on Bidding. Roles of organizations and
individuals submitting, appraising and approving contractor selection master
plan, contractor selection plans, E-HSMQT, E-HSMST, E-HSMT and contractor
selection results shall comply with the Law on Bidding and its guiding
documents; contents of the contractor selection master plan, contractor
selection plans, E-HSMQT, E-HSMST and E-HSMT shall be consistent with
international conventions or foreign loan agreements. If the international
convention or foreign loan agreement mandates that regulations issued by the
donors be applied and the donors grant approval, the master plan or plan for
selection of contractors, E-HSMT, E-HSMQT, E-HSMST, report on evaluation of
E-HSDT, E-HSQT or E-HSDST shall be prepared, appraised and approved using the
forms specified in Clauses 1 through 9 of this Article.
The bidding information with respect to packages of
the projects specified in this Clause is encouraged to be published in the
Vietnam Public Procurement Review Journal and item “vốn khác” (other funds) on
Vietnam National E-Procurement System.
11. Regarding
projects/packages containing information of state secrets as per the Law on
Protection of State Secrets, such information is not required to be provided or
published as per this Circular. The information of state secrets shall be
managed as per the law on protection of state secrets.
Article 5. Formats of attachments
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a) It is possible to open or read the file by
common software including MS Office or Open Office; PDF; AutoCAD, Photoshop;
built-in image viewer. The texts shall be in a Unicode font;
b) It is possible to compress, decompress and open
the file by software including: ZIP, RAR or 7ZIP. In case of the compressed
file, the file shall have the format specified in Point a of this Clause after
decompression;
c) It is not infected, broken or damaged and no
password is required.
2. If it is impossible to open or read the file
attached to the EOI request, E-HSMQT, document on prequalification, E-HSMST,
bidding documents or E-HSMT since it fails to meet the conditions specified in
Clause 1 in this Article or for other reasons, the procuring entity shall
republish EOI request, E-HSMQT, document on prequalification, E-HSMST, bidding
documents, E-HSMT.
3. If the file attached to E-HSDT, E-HSQT or
E-HSDST fails to meet the conditions specified in Clause 1 of this Article,
leading the fact that it cannot be opened or read, the file will not be
evaluated anymore.
Article 6. Technical handling in case of system
failure beyond control
1. In case of system failure, the deadlines for
submission of bids and the deadlines for clarification of E-HSQT, E-HSDST,
E-HSDT of packages of e-selection of contractors that occur during the period
from the beginning time of system failure to 02 hours after the System is restored
shall be automatically deferred to 06 hours after the system restoration time.
2. If the new deadline for submission of bids and
deadline for clarification of E-HSQT, E-HSDST, E-HSDT according to regulations
Clause 1 of this Article 1 fall within the period ranging from after 17h00 and
before 11h00 of the next day, they shall be automatically deferred to 11h00 in
the next day.
3. If the deadline for submission of bids is
automatically deferred as prescribed in Clauses 1 and 2 of this Article, the evaluation
of E-HSQT, E-HSDST, E-HSDT shall be carried out on the basis of the deadline
for submission of bids indicated in the E-TBMQT, E-TBMST, E-TBMT before the
system failure time.
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Article 7. Management of account and use of
digital certificate
1. Creation of task - specific
account:
The participation account shall create and
distribute power to the task - specific account corresponding to roles of the
participant specified at Points a, b, c, d and dd Clause 8, Article 3 of this
Circular; lock, unlock; reset password, authentication form, login
authentication device for the task - specific account.
2. Use of digital certificate
on the System:
a) The participant that is
issued with a digital certificate when participating in the System shall
register to use the digital certificate according to the Instruction Manual.
Digital certificate on the System is the digital certificate issued to the
participant;
b) The digital certificate is used to create
digital signature and authenticate the participant;
c) Registration of use of, change in and
cancellation of information on the digital certificate of the participant shall
be made on the System according to the Instruction Manual;
d) The participant shall be responsible for
assurance about the accuracy of the digital certificate used on the System.
Article 8. Sending and receiving e-documents on
the System
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2. The sending time and
receiving time of e-documents shall be determined according to the real time
recorded on the System. Electronic documents that are successfully sent shall
be stored on the System.
3. When the user sends an
e-document on the System, the System shall respond to the user whether the
submission is successful or unsuccessful.
4. The participant that makes
successfully registration on the System shall be entitled to export the status
of its e-documents and other information on the System. The information on
transaction history shall be used to settle disputes (if any) that arise from
sending and receiving e-documents on the System.
5. The organization or
individual in charge of inspection, supervision, audit and disbursement shall
not require a physical copy if an electronic copy of the same document can be
found on and exported from the System, unless the original copy is necessary
for confirmation.
Article 9. Information technology infrastructure
requirements
Participants shall meet requirements for
infrastructure of information technology specified in Clause 14 Article 78,
Clause 3 Article 79 and point a Clause 3 Article 82 of the Law on Bidding and
detailed instructions in the Instruction Manual.
Chapter II
PROVIDING AN PUBLISHING INFORMATION ABOUT SELECTION OF
CONTRACTORS
Article 10. Information about qualifications of
bidders
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a) General information about the bidder;
b) Figures on annual financial statements;
c) Information about contracts that have been
executed;
d) Information about key personnel;
dd) Information about machinery and equipment;
e) Information about the bidder’s reputation.
2. The bidder shall actively
update information about his/her qualifications according to regulations of
Clause 1 of this Article on the System and take responsibility to the law for
the accuracy of information declared on the System. In case the bidder makes
correction on the System, the System will save all the information before and
after the bidder makes the correction. Information about the bidder's
qualifications shall be authenticated by the digital signature of the bidder.
3. The bidder shall attach
documents to prove the authenticity of the qualifications. The attached
documents will be stored and managed on the System.
4. In case the bidder makes
untruthful declaration in order to gain financial benefits or other benefits or
avoid any obligation, it shall be considered fraud as prescribed in Clause 4,
Article 16 of the Law on Bidding.
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Article 11. Information about projects and plans
for selection of contractors
1. Time of publishing:
Information about a contractor selection plan shall
be published on the System by the investor within 05 working days from the date
on which the plan is approved. The basic information on project shall be
published concurrently with the contractor selection plan.
2. Attachments:
The investor shall attach the decision on approval
for the contractor selection plan during the process of publishing the plan.
Article 12. Invitation for EOI, invitation for
prequalification applications, E-TBMQT, E-TBMST
The procuring entity shall publish an invitation
for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST on the
System according to the contractor selection progress and timeframe in the
approved contractor selection plan. Revisions to or cancellation of the
invitation for EOI, invitation for prequalification applications, E-TBMQT,
E-TBMST shall only be made before the deadline for submission of bids, unless there
is no any bidder who submits expression of interest, application for
prequalification, E-HSQT, E-HSDST.
Article 13. Issuance, revisions and
clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST
(hereinafter referred to as “the procuring entity's documents”)
1. Issuance:
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During the process of publishing invitation for
EOI, invitation for prequalification applications, E-TBMQT or E-TBMST, the
procuring entity shall attach the decision on approval for the procuring
entity's documents and the approved documents.
The investor or the procuring entity is not allowed
to issue the physical documents (EOI request, document on prequalification) to
the bidder. In case the investor or the procuring entity issues the physical
documents, the physical documents do not have their legal validity recognized
in order to make and evaluate expression of interest, application for
prequalification.
b) In case the contents of the procuring entity's
documents published on the System are different from those of the approved
documents, the procuring entity's documents issued on the System shall serve as
the basis for making and evaluation of expression of interest, application for
prequalification, E-HSQT, E-HSDST.
2. Revisions:
a) Regarding offline selection of contractors: In
case of revisions to the EOI request and document on prequalification after
they are issued, the procuring entity shall publish documents in either of the
following ways on the System: A decision on revisions accompanied by the
revisions to EOI request and document on prequalification; or decision on
revisions and the revised EOI request and document on prequalification, clearly
indicating the revisions.
b) Regarding e-selection of contractors: In case of
revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall
publish a decision on revisions accompanied by the revisions to E-HSMQT,
E-HSMST; the revised E-HSMQT, E-HSMST on the System.
3. Clarification:
a) A prospective bidder requiring any clarification
of the EOI request, document on prequalification, E-HSMQT, E-HSMST shall
contact with the procuring entity through the System within at least 03 working
days before the deadline for submission of bids;
b) The procuring entity will publish a written
response to clarification of EOI request, document on prequalification, E-HSMQT,
E-HSMST on the System within at least 02 working days before the deadline for
submission of bids;
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Article 14. Shortlist
1. Time of publishing:
The procuring entity shall publish the shortlist on
the System within 05 working days from the date on which the shortlist is
approved.
2. Attachment:
The procuring entity shall attach the decision on
approval for the shortlist during the publishing of the shortlist.
Article 15. Invitation to bid, E-TBMT
The procuring entity shall publish an invitation to
bid, E-TBMT on the System according to the contractor selection progress and
timeframe in the approved contractor selection plan. Revisions or cancellation
of invitation to bid, E-TBMT shall only be made before the deadline for
submission of bids, unless there is no any bidder who submits bid package, E-HSDT.
Article 16. Issuance, revisions and
clarification of bidding documents, E-HSMT
1. Issuance:
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Regarding offline selection of contractors, the
bidding documents shall be issued on the System after the invitation to bid is
successfully published. The procuring entity is not allowed to issue the
physical bidding documents to the bidder. If the procuring entity issues the
physical bidding documents to the bidder, these physical documents do not have
their legal validity recognized in order to make and evaluate bid package.
b) In case the contents of bidding documents,
E-HSMT published on the System are different from those of the approved bidding
documents, E-HSMT, the bidding documents, E-HSMT issued on the System shall
serve as the basis for making and evaluation of bid package, E-HSDT.
2. Revisions:
a) Regarding offline selection of contractors: In
case of revisions to bidding documents after they are issued, the procuring
entity shall publish documents in either of the following ways on the System: A
decision on revisions accompanied by the revisions to bidding documents; or
decision on revisions and the revised bidding documents clearly indicating the
revisions.
b) Regarding e-selection of contractors: In case of
revisions to E-HSMT after being issued, the procuring entity shall publish a
decision on revisions accompanied by the revisions to E-HSMT; the revised
E-HSMT on the System.
3. Clarification:
a) Regarding offline selection of contractors, a
bidder requiring any clarification of bidding documents shall contact the
procuring entity through the System within at least 03 working days (for
domestic bidding) or 05 working days (for international bidding) before the
deadline for submission of bids for consideration and settlement;
Regarding e-selection of contractors, a bidder
requiring any clarification of E-HSMT shall contact with the procuring entity
through the System within at least 03 working days before the deadline for
submission of bids for consideration and settlement;
b) The procuring entity will respond to any request
for clarification of bidding documents, E-HSMT and publish the written response
on the System within at least 02 working days before the deadline for
submission of bids;
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d) The procuring entity may hold a pre-bidding
convention to discuss any clarification required by bidders if necessary. The
procuring entity shall publish the invitation to attend the pre-bidding
convention on the System. The discussion between the procuring entity and the
bidders shall be recorded by the procuring entity and published on the System
within a maximum of 02 working days from the end of the pre-bidding convention.
Article 17. Cancellation, renewal or
modification of published information
The cancellation, renewal or modification of
published information shall follow the Instruction Manual.
Article 18. Contractor selection results
1. Time of publishing:
The investor shall publish contractor selection
results on the System within 05 working days from the date of approval for such
results.
2. Attachments:
a) Decision to approve contractor selection
results;
b) Report on evaluation of E-HSDT for e-selection
of contractors (the consolidated evaluation report shall be published but the
scorecards of the members of the expert group are not attached);
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3. In case of procurement
package, the detailed information on goods provided by the successful bidder
shall be published. To be specific:
a) List of goods;
b) Marks and numbers;
c) Brands;
d) Manufacturing years;
dd) Origin of goods (countries, territories);
e) Manufacturers;
g) Configurations, basic technical features;
h) Calculation unit;
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k) Chapter code, Group code (corresponding to the
first 4 digits of the code) in the Harmonized Commodity Description and Coding
System (HS code) according to the goods classification system issued by WCO
(hereinafter referred to as “HS code”) (if any);
l) Bid-winning unit price
Article 19. Procedures for publishing
information on the System
Procedures for publishing information in Articles
10, 11, 12, 13, 14, 15, 16 and 18 of this Circular shall follow the Instruction
Manual.
Article 20. Responsibilities of the investor
1. Fulfill the
responsibilities specified in Clause 78 of the Law on Bidding;
2. Publish information
specified in points a, g, h, i and k Clause 1 Article 7 of the Law on Bidding. If
a bidding consultant is hired to act as the procuring entity, the investor
shall be still responsible for publishing such information.
3. Publish information about
foreign contractors selected in Vietnam according to Appendix 6 promulgated
together with this Circular on the System in accordance with the Instruction
Manual. The information shall be also sent to the Public Procurement Agency,
the Ministry of Planning and Investment within 07 working days from the date of
approval for contractor selection results.
4. Be responsible to the law
for the accuracy and truthfulness of the information registered and published
on the System when logging in the System with their participation account.
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6. Manage and take charge of the distribution of
power to task - specific accounts corresponding to the roles of the investor;
manage the use of digital certificates on the System.
Article 21. Responsibilities of the procuring
entity
1. Fulfill the
responsibilities specified in Clause 79 of the Law on Bidding;
2. Publish the information
specified in points b, c, d and dd Clause 1 Article 7 of the Law on Bidding. In
case of international bidding, the procuring entity shall publish the
information specified in Points b, c and d Clause 1 Article 7 of the Law on
Bidding in both Vietnamese and English; the information specified in Point dd
Clause 1 Article 7 of the Law on Bidding may be published in either English or
both Vietnamese and English;
3. Be responsible for the
consistency of the documents published on the System with the approved
documents. In case there is any discrepancy between the documents published on
the System and the approved documents, the documents published on the System
shall prevail.
4. Monitor and update the
information published on the System and responses made by the System.
5. Manage and take charge of
the distribution of power to task - specific accounts corresponding to the
roles of the procuring entity; manage the use of digital certificates on the
System.
Article 22. Responsibilities of bidders
1. Apply for participation in
the System in order to ensure their eligibility according to regulations in
point d Clause 1 Article 5 of the Law on Bidding.
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3. Manage participation
accounts and digital certificates on the System.
Article 23. Responsibilities of the Center, E-GP
project management enterprise and Vietnam Public Procurement Review Journal
1. The Center shall:
a) Manage and supervise operation of the System,
thereby ensuring that the System operates stably, continuously, safely and
securely;
b) Develop Instruction Manuals; assist
participants in the process of online registration, provision and publishing of
information, selection of contractors;
c) Provide communication, training and guidance
services to participants; perform services related to information on bidding,
e-selection of contractors.
d) Cooperate with E-GP project management
enterprise in fulfilling responsibilities specified in Article 52 of the Law on
Bidding.
2. The E-GP project management
enterprise shall assume the responsibilities specified in Article 52 of the Law
on Bidding.
3. Vietnam Public Procurement
Review Journal shall:
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b) Extract the information specified in Articles
12, 14, 15 and 17 of this Circular for 01 period on the Vietnam Public
Procurement Review Journal within 02 working days from the date on which the
investor or the procuring entity publishes the information on the System by
themselves.
4. In case of any error in the
publishing of information on bidding, including delayed publishing, incorrect
contents or intentional failure to publish information, causing damage to the
procuring entity, bidders and the investor, the VPPR Journal shall publish
additional information and public correction in accordance with the law on
press. Depending on the severity of errors, relevant organizations and
individuals of the VPPR Journal shall be responsible for consequences and
disciplined in accordance with the law on officials, public employees and
workers and other relevant laws.
Chapter III
CONTENTS OF
BIDDING DOCUMENTS
Article 24. Preparation, submission, appraisal
and approval of E-HSMQT, E-HSMST, E-HSMT
1. The procuring entity shall
prepare E-HSMQT, E-HSMST, E-HSMT on the System. After preparing E-HSMQT,
E-HSMST, E-HSMT, the procuring entity shall submit them to the investor for
appraisal and approval of E-HSMQT, E-HSMST, E-HSMT.
2. The
E-HSMT shall include all necessary information to serve as the basis for the
bidder’s preparation of E-HSDT. If the procuring entity publishes E-HSMT with
incomplete information (lack of design, drawings and other documents) or
unclear information, causing difficulties for the bidder in preparation of
E-HSDT, the E-HSMT is invalid. The investor or the procuring entity shall amend
and supplement the E-HSMT accordingly and re-publish the E-HSMT.
3. In case of procurement,
construction or non-consulting service package, the data sheet, criteria for
evaluation of legitimacy, requirements for qualifications in E-HSMST, E-HSMT
shall be digitized as a webform on the System. The investor and the procuring
entity shall not attach other required files on data sheets, criteria for
evaluation of legitimacy, requirements for qualifications to E-HSMST, E-HSMT.
Data sheets, criteria for evaluation of legitimacy, requirements for
qualifications that are not digitized as a webform will not be considered as a
part of the E-HSMST, E-HSMT and the bidders are not required to meet these
requirements.
4. Regarding package used for prequalification, if
the bidder’s qualifications included in the E-HSDT are not consistent with
those included in the application for prequalification, the bidder shall update
his/her qualifications.
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6. In case consultants are hired to perform the
roles of the procuring entity and expert group, including publishing of
information, preparation of the E-HSMQT, E-HSMST, E-HSMT and evaluation of
E-HSQT, E-HSDST and E-HSDT, the hirer shall follow the Instruction Manual.
Article 25. Responsibilities of bidders
throughout the process of participation in bidding
1. Each bidder shall be responsible for the
accuracy of information declared on the webform and the attached documents
throughout the process of participation in the bidding. The bidder shall enter
information according to requests of E-HSMQT, E-HSMST, E-HSMT and attach
documents in order to create a set of E-HSQT, E-HSDST and E-HSDT. To be
specific:
a) Information about the legitimacy of E-HSDT:
Regarding bid security, the bidder shall declare
information and attach a scanned copy of the bid security; Regarding electronic
bid security, the bidder may choose bid security issued by a domestic credit
institution or foreign bank branch established under Vietnamese laws or
certificate of surety bond insurance issued by a domestic non-life insurer or
branch of a foreign non-life insurer duly established under and shall store it
on the System and include it on E-HSDT. Regarding a consortium bidder, all
members of the consortium shall apply the same method of bid security
(electronic bid security or physical bid security).
Regarding other contents: the bidder shall only
declare the information on webform and is not required to attach scanned copies
of relevant documents;
b) Information about qualifications:
Regarding similar contracts, capacity for
production: the bidder shall declare and attach relevant documents to prove the
declared information;
Regarding financial requirements, the bidder shall
declare information; in case the bidder uses a credit extension commitment to
prove financial resource, in addition to compulsory declaration of information,
the bidder shall attach a scanned copy of credit extension commitment.
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Regarding other contents, the bidder shall only
declare the information on webform and is not required to attach scanned copies
of relevant documents;
Regarding figures on financial statements from 2021
onwards: in case the bidder discovers that the figures have not yet been
updated on the System to be consistent with those on the Electronic Tax System
from 2021 onwards, the bidder shall modify the figures in conformity with the
figures reported to the tax authority. In case, the figures updated or modified
by the bidder on the System are not consistent with the figures on the
Electronic Tax System, thereby resulting in misleading results of contractor
selection, it shall be considered fraud as prescribed in Clause 4, Article 16
of the Law on Bidding.
2. The bidder shall be
responsible for studying E-HSMQT, E-HSMST, E-HSMT with regard to packages for
which the bidder has submitted expression of interest (EOI) to prepare E-HSQT,
E-HSDST, E-HSDT in conformity with the requirements of E-HSMQT, E-HSMST,
E-HSMT. In case it is discovered that E-HSMT, E-HSMST or E-HSMT contain unclear
contents causing difficulties for the bidder in preparation of E-HSQT, E-HSDST
and E-HSDT, the bidder shall request the procuring entity to clarify E-HSMQT,
E-HSMST and E-HSMT for the investor and the procuring entity to amend and
supplement these documents accordingly.
3. The bidder shall be
responsible for monitoring and updating information on the System for packages
for which the bidder has submitted their bids or expression of interest (EOI). In
case of any errors arising due to failure to monitor and update information on
the System, resulting in disadvantages for the bidder throughout the process of
participation in the bidding, including change or modification of E-HSMQT,
E-HSMST, E-HSMT, time of submission of E-HSQT, E-HSDST, E-HSDT, time of
clarification of E-HSQT, E-HSDST, E-HSDT, time of negotiation of contract and
other contents, the bidder shall assume responsibility and suffer from
disadvantages throughout the process of participation in the bidding.
4. In case the legal
representative of the bidder authorizes the branch director, the director of
dependent accounting subsidiary, the director of the factor and the head of
another dependent accounting unit to perform the tasks throughout the process
of participation in the bidding, the participation account of the bidder shall
be used for participation in the bidding and the participation account of the
branch, the dependent subsidiary company, the factory or the dependent
accounting unit shall not be used for participation in the bidding in this
case. If the participation account of the branch or the dependent subsidiary
(dependent accounting unit) is used for participation in the bidding, the
bidder shall be considered as ineligibility as prescribed in Clause 1, Article
5 of the Law on Bidding.
Article 26. Samples
E-HSMT must not include
requests for supplying samples; in case a request for supplying samples serving
technical evaluation is involved, the investor must send a proposal to a
competent person for consideration and decision. In the proposal, reasons for
the request for supplying samples shall be clarified. The investor and the
procuring entity shall ensure that the request for samples does not increase
the cost of the package, limit participation of bidders or give advantages to
one or multiple bidders, causing unfair competition. In case E-HSMT includes a
request for supplying samples, the bidder may supply additional samples within
05 working days after the deadline for submission of bids.
Article 27. Bid opening in case of e-selection
of contractors
1. Regarding packages adopting
single-stage one-envelope procedure:
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2. Regarding packages adopting
single-stage two-envelope procedure:
a) The procuring entity shall open E-HSDXKT and
publicize the E-HSDXKT opening record on the System within 2 hours from the
deadline for submission of bids;
b) After issuance of the decision on approval for
the list of bidders who meet the technical requirements, the procuring entity
shall publish this list on the System and attach a scanned copy of the written
approval for the list of bidders who meet the technical requirements on the
System After the list is successfully published, a notification will be sent to
the bidders for the packages;
c) After publishing the
list of bidders who meet the technical requirements, the procuring entity shall
open E-HSDXTC of the bidders included in the list and publicize the E-HSDXKT
opening record on the System.
Article 28. Evaluation of E-HSDT
1. Process of evaluation of E-HSDT:
a) Process 01 applied to all packages, including
evaluation of the legitimacy of E-HSDT; qualification evaluation; evaluation of
technical aspects; finance evaluation;
b) Process 02 applied to procurement or
non-consultancy service package adopting single-stage one-envelope procedure in
which E-HSDT is evaluated according to “lowest-evaluated selection” and E-HSDTs
have no incentives:
According to the bid opening record, the bidders
will be automatically ranked on the System, depending on the lowest bid price
(the list of ranked bidders is not required to be approved in this case);
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Evaluation of qualifications of the first-ranked
bidder;
Evaluation of technical aspects of the first-ranked
bidder;
If the first-ranked bidder is considered
unresponsive, the second-ranked bidder will thereafter be evaluated using the
above steps.
c) Regarding packages adopting single-stage
one-envelope procedure, according to E-HSDT submitted by each bidder on the
System and the method of evaluating E-HSDT specified in the E-HSMT, the
procuring entity may choose one of the two processes specified at Points a and
b of this Clause to evaluate the E-HSDT. E-HSDT shall only be evaluated
according to the process 02 if all the conditions specified at Point b of this
Clause are fully satisfied.
2. In case there is only 01
bidder participating in bidding or 01 bidder eligible after the technical
evaluation, it is not required to determine the evaluated price (with regard to
packages applying the evaluated-price method) or combined score (with regard to
packages applying the combined technique and price-based method), determine
incentives and rank bidders.
3. After evaluation of the
E-HSDT, the leader of the expert group shall attach a scanned copy of the
E-HSDT evaluation report (signed by all members of the expert group) to the
System. The leader of expert group shall be responsible for the consistency of
the scanned copy of the E-HSDT evaluation report attached to the System with
the physical E-HSDT evaluation report signed by the members of the expert
group.
Article 29. Submission, appraisal and approval
of contractor selection results
1. The procuring entity shall
make a proposal according to Appendix 3 issued with this Circular and submit
the proposal and the E-HSDT evaluation report to the investor for approval of
contractor selection results.
2. The investor shall approve
contractor selection results on the basis of the proposal, the E-HSDT
evaluation report and the report on appraisal of contractor selection results.
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1. The procuring entity shall prepare E-HSMT
containing the following contents. To be specific:
a) The contents of E-HSMT on the webform shall
contain Data sheet, Letter of bid, joint venture or consortium agreement (if
any), Schedule of "Bid price and Table of scope of, progress in provision
and technical requirements of drugs”, bid security form and bidding forms;
b) The remaining contents of the E-HSMT shall be
prepared and attached by procuring entity to the System.
2. E-HSMT shall be prepared
according to the webforms mentioned at Point a, Clause 1 of this Article and
other relevant regulations issued by the Ministry of Health. The evaluation of
the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT
and other requirements specified in the E-HSMT, submitted E-HSDT, documents on
explanation and clarification of E-HSDT of the bidder in order to ensure that
the selected contractor has qualifications and adopts feasible solutions to
implement the contract package.
3. After preparing E-HSMT, the
procuring entity shall print E-HSMT and submit it to the investor for appraisal
and approval. The procuring entity shall be responsible for the consistency of
the contents of the approved E-HSMT with those of E-HSMT on the System. In
case, there is difference between the contents of the approved E-HSMT and those
of E-HSMT on the System, the contents of E-HSMT on the System shall serve as
the basis for preparation and evaluation of the E-HSDT.
4. E-HSMT shall be issued free
of charge on the System. The procuring entity shall not issue the physical
bidding documents to the bidders. If the procuring entity issues the physical
bidding documents to the bidders, these physical documents do not have their
legal validity recognized in order to make and evaluate bid package. The
bidders shall pay fees according to regulations.
5. In case, it is necessary to
revise the E-HSMT, the procuring entity shall log in and directly revise E-HSMT
on the System after the contents of E-HSMT have been approved by the investor.
6. In case there is difference
between the information in the attached file of E-HSMT issued on the System and
the information in the webform, the information in the webform shall serve as
the basis for preparation and evaluation of E-HSDT.
7. The bidder shall make the
schedule of bid price according to the webform and commitment to the contents
of letter of bid created by the System on the System. In case of joint venture
or consortium agreement, it shall be made on the System. The remaining contents
of E-HSDT shall be attached by the bidder to the System. In case there is
difference between the information in the webform and the information in the
attached file of E-HSDT, the information in the webform shall serve as the
basis for evaluation of E-HSDT.
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Chapter IV
IMPLEMENTATION
Article 31. Grandfather clause
1. Regarding a package for which the contractor
selection plan containing contents against regulations of the Law on Bidding
has been approved (already or not yet published on the Vietnam national
e-procurement system) but till January 01, 2024 EOI request, prequalification
document, bidding documents and request for proposals have not yet been issued,
the revised contractor selection plan shall be approved to make it conformable
with regulations of this Law.
2. Regarding a package for
which the plan for e-selection of contractors has been approved and applied and
E-HSMST, E-HSMQT and E-HSMT have been prepared according to regulations in the
Circular No. 08/2022/TT-BKHDT:
a) If E-HSMST and E-HSMQT have been published on
the System before January 01, 2024, the shortlisting and contractor selection
shall be continued in accordance with the Law on Bidding No. 43/2013/QH13 and
its guiding documents.
b) If E-HSMT has been published on the System
before January 01, 2024, the contractor selection shall be continued in
accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.
c) From January 01, 2024, if E-HSMST, E-HSMQT and
E-HSMT have not yet been prepared or E-HSMST, E-HSMQT and E-HSMT have been
prepared and approved but they have not yet been published on the System, E-HSMST,
E-HSMQT and E-HSMT shall be prepared, revised and re-approved according to
regulations in this Circular.
3. Regarding a package to
which the e-selection of contractors is not applied:
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b) If bidding documents have been published on the
System before January 01, 2024, the contractor selection shall be continued in
accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.
c) From January 01, 2024, EOI request,
prequalification document and bidding documents have not yet been prepared or
EOI request, prequalification document and bidding documents have been approved
but they have not yet been published, EOI request, prequalification document
and bidding documents shall be prepared, revised, appraised and re-approved in
accordance with the Law on Bidding. The investor shall revise bidding documents
issued together with this Circular in order to be consistent with the method of
offline selection of contractors.
4. In all situations, in case of change of the
contractor selection form from “offline” to “online”, the investor is not
required to submit the revised contractor selection plan to the competent
person for approval and he/she shall proactively change the contractor
selection form on the System from “offline" to “online”. Change procedures
shall follow the Instruction Manual.
Article 32. Entry into force
1. This Circular comes into force from the date on
which it is signed. General regulations on provision and publishing of
information on selection of contractors and contents of forms of bidding
documents and Appendix come into force from January 01, 2024.
2. From January 01, 2024, the
Circular No. 08/2022/TT-BKHDT dated May 31, 2022 of the Minister of Planning
and Investment and the Circular No. 10/2015/TT-BKHDT dated October 26, 2015 of
the Minister of Planning and Investment shall cease to be effective.
3. If during the contractor
selection, the information shall be kept confidential and cannot be published
on the System, the competent person shall decide to publish the information
during the contractor selection.
4. Regarding a particular package, if the
regulations of E-HSMST, E-HSMQT, E-HSMT issued together with this Circular are
applied, there are less than 03 bidders who meet requirements for average
annual revenues or similar contract. In this case, the investor and the
procuring entity may adjust these requirements according to the following
principles:
a) Adjustments to requirements for average annual
revenues and similar contract that are not consistent with the regulations in
E-HSMT forms shall ensure that the division of packages is reasonable and the
scale of packages is not too large to restrict competition;
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c) In all cases, the investor shall ensure that the
bidders' participation is not restricted; the selected contractors shall have
qualifications to implement the packages.
5. Regarding packages for procurement of drugs, the
Ministry of Planning and Investment shall be responsible for providing guidance
on correction to technical errors in e-selection of contractors; the Ministry
of Health shall give guidelines for removal of obstacles related to drug
bidding according to legal documents issued by the Ministry of Health.
6. If any legislative documents referred to in this
Circular are amended and supplemented, the new ones shall apply.
7. From the effective date of this Circular, when
preparing bidding documents for offline selection of contractors, the investor
and the procuring entity shall use E-HSMT forms enclosed with this Circular in
accordance with regulations of the Law on Bidding.
8. Every year, the Ministry of
Planning and Investment shall offer guidance on provision and publishing of
information on bidding on the System and the Vietnam Public Procurement Review
Journal in conformity with the Tet and holiday schedule as notified by the
Ministry of Labor, War Invalids and Social Affairs.
9. According to the actual
situation, Public Procurement Agency of the Ministry of Planning and Investment
shall make necessary revisions to webforms on the System to enable entities to
participate in e-selection of contractors, simplify administrative procedures,
promote competition, equity, transparency and economic efficiency in bidding
and ensure the effectiveness of state management in bidding.
10. Any difficulties that
arise during the implementation of this Circular should be promptly reported by
Ministries, ministerial agencies, governmental agencies, other central
agencies, People's Committees at all levels, state economic corporations, state
corporations and relevant organizations and individuals to the Ministry of
Planning and Investment for guidelines.
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