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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 evaluation 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 organizations 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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