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THE MINISTRY OF
PLANNING AND INVESTMENT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
07/2024/TT-BKHDT
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Hanoi, April 26,
2024
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CIRCULAR
PRESCRIBING FORMS OF REQUEST FOR PROPOSAL,
EVALUATION REPORT, APPRAISAL REPORT, AND REPORT ON INSPECTION OF BIDDING
ACTIVITIES
Pursuant to the Law on Bidding dated June 23,
2023;
Pursuant to the Law on Public-Private
Partnership Investment dated June 18, 2020;
Pursuant to the Government’s Decree No.
24/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for
implementation of the Law on Bidding regarding contractor selection;
Pursuant to the Government’s Decree No.
23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for
implementation of the Law on Bidding regarding selection of investors for
projects which require bidding as prescribed by specialized laws;
Pursuant to the Government’s Decree No.
35/2021/ND-CP dated March 29, 2021 providing guidelines for implementation of
the Law on public-private partnership investment;
Pursuant to the Government’s Decree No.
25/2020/ND-CP dated February 28, 2020 elaborating on some Articles of the Law
on Bidding regarding investor selection;
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At the request of the Director General of the
Public Procurement Agency;
The Minister of Planning and Investment of
Vietnam promulgates a Circular prescribing forms of request for proposals,
evaluation report, appraisal report, and report on inspection of bidding
activities.
Article 1. Scope and regulated entities
1. This Circular introduces detailed regulations on
forms of request for proposal, evaluation report, appraisal report, and report
on inspection of bidding activities.
2. This Circular applies to authorities,
organizations and individuals performing or involved in the activities
specified in clause 1 of this Article.
Article 2. Use of Forms and Appendixes
1. Forms of the request for
proposal (RFP) are used in common direct contracting procedures prescribed in
Article 76 and Article 77 of the Government’s Decree No. 24/2024/ND-CP dated
February 27, 2024 elaborating and providing guidelines for implementation of
the Law on Bidding regarding contractor selection (hereinafter referred to as
“Decree No. 24/2024/ND-CP”), including:
a) Form No. 1A used for preparing RFP for
construction package;
b) Form No. 1B used for preparing RFP for
procurement of goods package;
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d) Form No. 1D used for preparing RFP for
consulting service package.
RFPs for mixed packages applying direct contracting
method, packages applying international direct contracting, and packages applying
direct procurement method may be prepared using the forms in this clause on the
basis of compliance with provisions of the Law on Bidding and Decree No.
24/2024/ND-CP.
2. Forms of valuation reports include:
a) Form No. 2A used for preparing bid evaluation
reports for non-consulting service packages, procurement of goods packages,
construction packages, and mixed packages applying offline limited bidding or
competitive bidding under single-stage one-envelope procedure;
b) Form No. 2B used for preparing bid evaluation
reports for non-consulting service packages, procurement of goods packages,
construction packages, and mixed packages applying offline limited bidding or
competitive bidding under single-stage two-envelope procedure;
c) Form No. 2C used for preparing bid evaluation
reports for consulting service packages applying offline limited bidding or
competitive bidding method.
Reports on evaluation of expressions of interest,
prequalification applications or bids for packages applying offline two-stage
procedure, and proposals may be prepared using the forms in this clause on the
basis of compliance with provisions of the Law on Bidding and Decree No.
24/2024/ND-CP.
3. Forms of appraisal reports are used for both
online and offline bidding, including:
a) Form No. 3A used for preparing reports on
appraisal of bidding documents;
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c) Form No. 3C used for preparing reports on
appraisal of contractor selection results.
Reports on appraisal of bidding documents for
packages applying two-stage procedure, EOI request, prequalification document,
RFPs; appraisal of results of evaluation of EOIs or prequalification
applications; appraisal of list of technically-responsive bidders for packages
applying two-stage procedure; appraisal of contractor selection results for
packages applying two-stage procedure, packages applying online quotation,
direct contracting or direct procurement method may be prepared using the forms
in this clause on the basis of compliance with provisions of the Law on Bidding
and Decree No. 24/2024/ND-CP.
4. Forms used in inspection
of bidding activities include:
a) Form No. 4.1A used for preparing a plan for
periodic inspection of bidding activities;
b) Form No. 4.1B used for preparing a detailed
inspection plan;
c) Form No. 4.2 used for preparing the draft report
on performance of contractor/investor selection tasks;
d) Form No. 4.3 used for preparing report on
inspection of contractor/investor selection;
dd) Form No. 4.4 used for preparing conclusion on
inspection of contractor/investor selection;
e) Form No. 4.5 used for preparing reports on
implementation of inspection conclusions.
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6. Appendixes:
a) Appendix 1: Bid closing record (if necessary);
b) Appendix 2A: Bid opening record (for packages
applying single-stage one-envelope procedure);
c) Appendix 2B: Record of opening of technical
proposals (for packages applying single-stage two-envelope procedure);
d) Appendix 2C: Record of opening of financial
proposals (for packages applying single-stage two-envelope procedure);
dd) Appendix 3: Inspection decision;
e) Appendix 4: Inspection notice;
g) Appendix 5: Record of announcement of inspection
decision;
h) Appendix 6: Notice of termination of direct
inspection.
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7. Any modifications to the RFP form specified in
clause 1 of this Article must be appropriate, convincing, and conformable with
provisions of the Law on Bidding and Decree No. 24/2024/ND-CP. Such
modifications and reasons thereof must be clearly specified in the request for
approval of RFP submitted to the employer. In any case, the employer must
ensure that the selected bidder shall meet capacity and experience
requirements, and have appropriate technical solutions for executing the
package on the schedule and in a manner meeting quality requirement and other
requirements set forth in the RFP.
Article 3. Authorities and obligations in charge
of submitting reports on performance of bidding activities
1. The Ministry of Planning and Investment of
Vietnam shall annually submit consolidated report on performance of bidding
activities nationwide to the Prime Minister of Vietnam.
2. Ministries, ministerial agencies, Governmental
agencies, other central-government authorities, provincial People's Committees,
state-owned enterprises, and other authorities and organizations that are the
regulated entities in Article 2 of the Law on Bidding shall submit annual
reports on performance of bidding activities in provinces, fields or areas
under their management on VNEPS or submit written reports to the Ministry of
Planning and Investment of Vietnam if information confidential requirements are
imposed.
3. Provincial Departments of Planning and
Investment, and units tasked with managing bidding activities shall assist
Ministries, ministerial agencies, Governmental agencies, other
central-government authorities, provincial People's Committees, state-owned
enterprises, and other authorities and organizations in expediting and
preparing annual consolidated reports on performance of bidding activities by
employers and procuring entities in provinces, fields or areas under their
management.
4. Employers and procuring entities shall submit
reports on bidding for their packages or projects to Provincial Departments of
Planning and Investment or units tasked with managing bidding activities
prescribed in clause 3 of this Article.
Article 4. Time limits for submitting reports on
bidding activities
1. The Ministry of Planning and Investment of
Vietnam shall submit reports to the Prime Minister by April 15 of the year
following the reporting period. If this deadline falls on a weekly day off or
public holiday as defined in the Labour Code, it shall be extended to the next
business day after the day off or the public holiday.
2. Ministries, ministerial agencies, Governmental
agencies, other central-government authorities, provincial People's Committees,
and state-owned enterprises shall submit reports on VNEPS by February 01 of the
year following the reporting period. If this deadline falls on a weekly day off
or public holiday as defined in the Labour Code, it shall be extended to the
next business day after the day off or the public holiday.
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Article 5. Transition
1. Inspection teams established under inspection
decisions issued before the effective date of this Circular shall continue
operating under such decisions and provisions of the Circular No.
10/2016/TT-BKHDT dated July 22, 2016 of the Minister of Planning and Investment
of Vietnam prescribing supervision, monitoring and inspection of bidding
activities.
2. Regarding packages applying direct contracting
or direct procurement method:
a) If the RFP is issued within the period
commencing on January 01, 2024 to before February 27, 2024, preparation of RFP,
evaluation of proposals, appraisal of contractor selection result, and signing and
performance of contract shall comply with provisions of the Law on Bidding No.
22/2023/QH15, and provisions of the Decree No. 63/2014/ND-CP which are not
contrary to the Law on Bidding No. 22/2023/QH15;
b) If the RFP is issued within the period commencing
on February 27, 2024 to before the effective date of this Circular, preparation
of RFP, evaluation of proposals, appraisal of contractor selection result, and
signing and performance of contract shall comply with provisions of the Law on
Bidding No. 22/2023/QH15, and the Decree No. 24/2024/ND-CP;
c) From the effective date of this Circular,
preparation, modification, appraisal and approval of RFPs for packages for
which the RFP is not yet issued before the effective date of this Circular must
comply with provisions of this Circular.
Article 6. Effect
1. This Circular comes into force from June 15,
2024.
2. The documents listed hereunder shall cease to
have effect from the effective date of this Circular:
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b) The Circular No. 19/2015/TT-BKHDT dated November
27, 2015 of the Minister of Planning and Investment of Vietnam;
c) The Circular No. 23/2015/TT-BKHDT dated December
21, 2015 of the Minister of Planning and Investment of Vietnam;
d) The Circular No. 06/2017/TT-BKHDT dated December
05, 2017 of the Minister of Planning and Investment of Vietnam;
3. Article 10 of the Circular No. 09/2019/TT-BKHDT
dated July 29, 2019 of the Minister of Planning and Investment of Vietnam is
abrogated.
Article 7. Implementation
1. Ministries, ministerial agencies, Governmental
agencies, other central-government authorities, People’s Committees at all
levels, and relevant organizations and individuals are responsible for the
implementation of this Circular.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Planning
and Investment of Vietnam for consideration and guidance./.
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