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MINISTRY OF
PLANNING AND INVESTMENT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
06/2024/TT-BKHDT
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Hanoi, April 26,
2024
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CIRCULAR
ON
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 Decree No. 24/2024/ND-CP dated
February 27, 2024 of the Government on elaboration of and guidelines for the
Bidding Law regarding contractor selection;
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 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:
1. 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;
2. Forms of bidding documents on VNEPS with respect
to consulting service, non-consulting service, goods (except for medicine),
construction packages within the scope of the Law on Bidding under domestic
competitive bidding, limited bidding and domestic shopping method 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 VNEPS.
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1. ”VNEPS” (or “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.
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;
d) E-HSMQT: online EOI request;
dd) E-HSQT: online EOI response<0}
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 method;
i) E-HSDT: bid package used in e-competitive
bidding, e-limited bidding or e-shopping method;
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 agreement;
g) Record on the bid opening, record 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 (individuals, groups of individuals
participating in individual consulting packages; creative start-up individuals
and groups of individuals participating in goods procurement packages;
organizations; household businesses);
d) Regulatory unit;
dd) Training center for bidding;
e) Manufacturer entity (manufacturer,
representative office, manufacturer's agent) registers to participate in the
System to address concerns raised by Bidders.
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.
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Article 4. Application of forms
and Appendices
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;
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If it is necessary to change
some contents included in the approved plan for selection of contractors, only
the changes have to be submitted, appraised and approved. Regarding tasks which
cannot be included in the contractor selection plan, when these tasks can be
included in the contractor selection plan, only such tasks have to be
submitted, appraised and approved and other tasks that were approved are not
required to be re-submitted, re-appraised and re-approved. During the execution
of the contract, if there is any change to the package execution duration in
comparison with that included in the approved plan for selection of
contractors, it is not required to adjust the contractor selection plan.
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.
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a) Form No. 5A 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. 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;
c) Form No. 6C used to make forms for individual
consultants.
7. Regarding evaluation reports:
a) Form No. 7A used to make report on evaluation of
E-HSDT according to the process 01 prescribed in Point a Clause 1 Article 28 of
this Circular for non-consultancy service, procurement or construction package
adopting single-stage one-envelope procedure;
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c) Form No. 7C 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. 7D used to make report on evaluation of
E-HSDT for consultancy service package adopting single-stage two-envelope
procedure;
8. 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 procurement, construction, mixed package, or non-consulting service
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);
e) Appendix 3A: Proposal for approval of the result
of selection of contractors;
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h) Appendix 4: Commitment;
i) Appendix 5: Registration of information on legal
documents on bidding;
j) 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.
9. 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 8 of this Article.
The bidding information with respect to packages of
the projects specified in this Clause is encouraged to be published to item “vốn
khác” (other funds) on VNEPS.
10. 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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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 as prescribed
in clause 8 Article 3 of this Circular;
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
1. E-documents specified in
Clause 4, Article 3 of this Circular shall have their legal validity recognized
and serve as the basis for comparison and authentication of information for
evaluation, appraisal, inspection, audit and disbursement according to
regulations of law.
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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
successfully makes 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. Provision of
information to build national database about bidders, quality of used goods
1. Legal status of bidders
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2. Information about
qualifications of bidders
a) Information about qualifications of bidders is
outlined in point c clause 1 Article 17 of Decree No. 24/2024/ND-CP dated
February 27, 2024 on elaboration and implementation of the Law on Bidding
regarding selection of contractors (hereinafter referred to as Decree No.
24/2024/ND-CP). If bidders have certificates as prescribed by law, they shall
declare these certificates on the System.
b) The bidder shall actively update information
about his/her qualifications according to regulations of point a of this Clause
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.
c) The bidder shall attach documents to prove the
authenticity of the qualifications. The attached documents will be stored and
managed on the System.
d) 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.
dd) If the figures on financial statements on the
System have been updated from the Electronic Tax System and National Enterprise
Registration Information System, the bidder is not required to declare the
figures on annual financial statements. Regarding figures on annual financial
statements from 2021 onwards, in case the bidder discovers that the figures
have not been updated on the System in comparison with those on the Electronic
Tax System, the bidder shall modify the figures in conformity with the figures
reported to the tax authority. The system will save the modified versions of
the information about the bidder.
3. The investor shall provide
information about bidders’ bidding reputation in accordance with point d clause
1 of Article 17 of Decree No. 24/2024/ND-CP.
4. The investor or the
procuring entity in centralized procurement shall be responsible for providing
information on the Bidder's contract performance in accordance with point dd
clause 1 of Article 17 of Decree No. 24/2024/ND-CP.
5. The investor or the
procuring entity in centralized procurement shall be responsible for providing
information on the quality of used goods in accordance with clause 2 of Article
17 of Decree No. 24/2024/ND-CP.
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Article 11. Essential
information of contract
1. Essential information of
contract shall include: Contract number, contracting parties, contract price,
contract type, contract package performance period as specified in clause 7 of
Article 39 of the Law on Bidding, contract performance period (the number of
days from the effective date of the contract to the date on which the parties
fulfill their obligations as stipulated in the contract), contract effective
date, list of subcontractors (if any), contract scope of work, other
information (if any).
2. The investor shall provide
essential information of contract no later than 05 working days from the effective
date of the contract as prescribed in Clause 4 of Article 8 of the Law on
Bidding.
Article 12. Information about
projects, contractor selection master plan, contractor selection plan
1. Time of publishing:
Information about a contractor selection master
plan, contractor selection plan shall be published on the System by the
investor as prescribed in point a clause 1 and clause 4 Article 8 of the Law on
Bidding and clause 6 Article 14 of Decree No. 24/2024/ND-CP.
2. When publishing the
contractor selection master plan, the investor must enclose supporting
documents for preparation the master plan as prescribed in clause 2 Article 14
of Decree No. 24/2024/ND-CP.
The basic information on project shall be published
concurrently with the contractor selection plan.
3. If a package receives an
approved estimate after the contractor selection plan is approved as prescribed
in clause 2 Article 131 of Decree No. 24/2024/ND-CP, the approved estimate must
be published on the System within 05 days before the bid submission deadline.
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The investor must enclose the approval for
contractor selection master plan, contractor selection plan while publishing
the contractor selection master plan, contractor selection plan.
Article 13. 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 bidder who submits expression of interest, application for
prequalification, E-HSQT, E-HSDST.
Article 14. 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:
a) The procuring entity's documents shall be issued
free of charge on the System after invitation for EOI, invitation for
prequalification applications, E-TBMQT and E-TBMST are successfully published.
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:
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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;
c) The clarification of EOI request, document on
prequalification, E-HSMQT, E-HSMST must not contravene the approved EOI
request, document on prequalification, E-HSMQT, E-HSMST. If the procuring
entity deems it necessary to revise the EOI request, document on
prequalification, E-HSMQT, E-HSMST as a result of a clarification, it shall do
so following the procedure in Clause 2 hereof.
Article 15. 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:
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Article 16. 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 bidder who submits bid package, E-HSDT.
Article 17. Issuance,
revisions and clarification of bidding documents, E-HSMT
1. Issuance:
a) During the process of publishing invitation to
bid, E-TBMT, the procuring entity shall attach the decision on approval for
bidding documents, E-HSMT; the approved bidding documents, E-HSMT; approved
terms of reference;
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, terms of reference published on the System are different from those of
the approved bidding documents, E-HSMT, approved terms of reference, the
bidding documents, E-HSMT issued on the System shall serve as the basis for
making and evaluation of bid package, E-HSDT, scientific background
documentation.
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.
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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, terms of reference 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, terms of reference and publish
the written response on the System within at least 02 working days before the
deadline for submission of bids;
c) The clarification of bidding documents, E-HSMT,
terms of reference must not contravene the approved bidding documents, E-HSMT,
terms of reference. If the procuring entity deems it necessary to revise the
bidding documents, E-HSMT, terms of reference as a result of a clarification,
it shall do so following the procedure in Clause 2 hereof;
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 18. Cancellation,
renewal or modification of published information
The cancellation, renewal or modification of
published information shall follow the Instruction Manual.
Article 19. Contractor
selection results
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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);
c) If the fixed budget in the contractor selection
plan is approved for adjustment as prescribed in point b clause 8 Article 131
of Decree No. 24/2024/ND-CP, the investor shall publish the decision on
adjustment of the fixed budget on the System before the deadline for offering
bid price.
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;
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dd) Origin of goods (countries, territories);
e) Manufacturers;
g) Configurations, basic technical features;
h) Calculation unit;
i) Weight;
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 20. Other information
published on the System and the procedure for publishing information on the
System
1. In addition to the
information posted on the System as prescribed in Articles 10, 11, 12, 13, 14,
15, 16, 17, and 19 of this Circular, other information published and performed
on the System includes:
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b) The decision on cancellation of the bidding
shall be published on the System within 05 working days from the date of
signing the decision;
c) The written resolution of the petition of the
investor or the competent authority shall be published on the System within 05
working days from the date of issuance of the resolution;
d) The list of technically qualified bidders for
offline bidding shall be published on the System within 05 working days from
the date of approval;
dd) For the two-stage bidding procedure, the list
of bidders meeting the requirements of the first stage bidding documents and
the list of bidders meeting the technical requirements of second stage must be
published on the System no later than 05 working days from the date of
approval;
e) The list of foreign bidders winning bids in
Vietnam shall be published on the System within 15 days from the effective date
of the contract signed with the foreign bidder.
2. Procedures for publishing
information in Articles 10, 11, 12, 13, 14, 15, 16, 17, 19 and clause 1 of this
Article shall follow the Instruction Manual.
Article 21. 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 still be responsible for publishing such information.
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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.
5. Check and confirm the publishing of their
information on the System.
6. 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 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.
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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.
Chapter III
CONTENTS OF BIDDING
DOCUMENTS
Article 24. Preparation, submission,
appraisal and approval of E-HSMQT, E-HSMST, E-HSMT
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2. E-HSMQT,
E-HSMST, E-HSMT shall include all necessary information to serve as the basis
for the bidder’s preparation of E-HSQT, E-HSDST, E-HSDT. If the procuring entity
publishes HSMQT, E-HSMST, E-HSMT with incomplete information (lack of design,
drawings and other documents) or unclear information, causing difficulties for
the bidder in preparation of E-HSQT, E-HSDST, E-HSDT, the E-HSMQT, E-HSMST,
E-HSMT is invalid. The investor or the procuring entity shall amend and
supplement the E-HSMQT, E-HSMST, E-HSMT accordingly and re-publish the E-HSMQT,
E-HSMST, E-HSMT. The amendments to E-HSMQT, E-HSMST, E-HSMT shall comply with
clause 2 Article 14 and clause 2 Article 17 of this Circular.
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,
invitation for EOI, if the bidder’s qualifications included in the E-HSDT are
not consistent with those included in the application for prequalification or
EOI response, the bidder shall update his/her qualifications.
5. In case of E-HSMT imposing conditions that
restrict the bidders’ participation or give advantage for one or multiple
bidders, thereby resulting in unfair competition or violations against
regulations in Clause 3, Article 44 of the Law on Bidding as specified in
Appendix 8 issued herewith, the procuring entity and expert group shall not reject
E-HSDT failing to satisfy these conditions. These contents shall be considered
invalid according to Clause 4 Article 44 of the Law on Bidding and shall not be
used as the basis for evaluation of E-HSDT.
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 consultants 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 joint venture bidder, all
members of the joint venture shall apply the same method of bid security
(electronic bid security or physical bid security);
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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;
Regarding annual revenue, net asset value: from
2021 onwards, the System will automatically extract the figures on financial
statements from the National Enterprise Registration Information System, the
Electronic Tax System to qualification documents of the bidder;
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.
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a) 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;
b) Fulfill the responsibilities specified in Clause
82 of the Law on Bidding;
c) Manage participation accounts and digital
certificates on the System.
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:
The procuring entity shall open the bid and publicize
the bid opening record on the System within 2 hours from the deadline for
submission of bids.
2. Regarding packages adopting
single-stage two-envelope procedure:
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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.
For centralized procurement packages where
contractor selection is based on supply capability, the assessment of bid
security, average annual revenue, similar contracts, and production capacity
shall be conducted at the financial evaluation stage.
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). If
there are two or more bidders ranked in first place, the evaluation process
shall not follow Procedure 02 but rather Procedure 01;
Evaluation of the eligibility of E-HSDT of the
first-ranked bidder;
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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 3A 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 according to Appendix 3B issued with this Circular
on the basis of the proposal, the E-HSDT evaluation report and the report on
appraisal of contractor selection results.
Chapter IV
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Article 30. Transitional
provisions
1. Regarding a package for which the contractor
selection plan (already or not yet published on the VNEPS) has been approved
before January 01, 2024, but the corresponding EOI request, prequalification
document, bidding documents, or request for proposals has not yet been issued
by the effective date of this Circular, the revised contractor selection plan
shall be approved to make it conformable with regulations of the Law on
Bidding, Decree No. 24/2024/ND-CP and this Circular (if any).
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 01/2024/TT-BKHDT dated February 15, 2024 of the Minister of Planning
and Investment (hereinafter referred to as Circular 01/2024/TT-BKHDT):
a) If E-HSMST and E-HSMQT have been published on
the System from January 01, 2024 to February 27, 2024, the shortlisting,
contractor selection, signing and management of contract execution shall be
continued in accordance with the Law on Bidding No. 22/2023/QH15, contents that
remain appropriate to the Law on Bidding No. 22/2023/QH15 of Decree No.
63/2014/ND-CP and Circular No. 01/2024/TT-BKHDT;
b) If E-HSMT, E-HSMQT, E-HSMT has been published on
the System from February 27, 2024 to before the effective date of this
Circular, the shortlisting, contractor selection, signing and management of
contract execution shall be continued in accordance with the Law on Bidding No.
22/2023/QH15, Decree No. 24/2024/ND-CP, and Circular No. 01/2024/TT-BKHDT;
c) From the effective date of this
Circular, 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:
a) If prequalification document, EOI request,
bidding documents have been published on the System from January 1, 2024 to
before February 27, 2024, the shortlisting, contractor selection, signing and
management of contract execution shall be continued in accordance with the Law
on Bidding No. 22/2023/QH15, contents that remain appropriate to the Law on
Bidding No. 22/2023/QH15 of Decree No. 63/2014/ND-CP;
b) If prequalification document, EOI request,
bidding documents has been published on the System from February 27, 2024 to before
the effective date of this Circular, the shortlisting, contractor selection,
signing and management of contract execution shall be continued in accordance
with the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP;
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4. 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 31. Entry into force
1. This Circular comes into force as of April 26,
2024.
2. From the effective date of
this Circular, Circular 01/2024/TT-BKHDT cease to be effective, except for
provisions in clause 3 of this Article.
3. Form No. 7A and 7B issued
together with Circular No. 01/2024/TT-BKHDT remain effective until the
effective date of the Circular on guidelines for drug bidding at public health
facilities issued by the Ministry of Health.
4. 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.
5. 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-HSMST, E-HSMQT, E-HSMT forms shall ensure that the division of packages is
reasonable and the scale of packages is not too large to restrict competition;
b) When E-HSMST, E-HSMQT, E-HSMT is proposed for
approval, the procuring entity shall clarify adjustments to E-HSMST, E-HSMQT,
E-HSMT in the proposal for the investor’s consideration;
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6. 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 and Decree No. 24/2024/ND-CP.
7. Every year, the Ministry of
Planning and Investment shall offer guidance on provision and publishing of
information on bidding on the System in conformity with the Tet and holiday
schedule as notified by the Ministry of Labor, War Invalids and Social Affairs.
8. The revisions of webforms
on the System shall comply with point dd clause 1 Article 135 of Decree No.
24/2024/ND-CP.
9. 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./.
MINISTER
Nguyen Chi Dung
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