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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.
15/2024/TT-BKHDT
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Hanoi, September
30, 2024
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CIRCULAR
PRESCRIBING FORMS OF
BIDDING DOCUMENTS FOR SELECTION OF INVESTORS EXECUTING PUBLIC-PRIVATE
PARTNERSHIP PROJECTS AND BUSINESS INVESTMENT PROJECTS; PROVISION AND PUBLISHING
OF INFORMATION ON PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, AND BIDDING FOR
INVESTOR SELECTION ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on Bidding dated June 23,
2023;
Pursuant to the Land Law dated January 18, 2024;
Pursuant to the Law on Public-Private
Partnership Investment dated June 18, 2020;
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.
115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines
for implementation of the Law on Bidding regarding selection of investors
executing investment projects involving land use;
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;
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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 bidding documents for
selection of investors executing public-private partnership projects and
business investment projects; provision and publishing of information on
public-private partnership investment, and bidding for investor selection on
Vietnam National E-Procurement System.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular introduces regulations on:
1. Forms of bidding documents for selection of
investors executing public-private partnership (PPP) projects and business
investment projects.
2. Provision and publishing of information on PPP
investment, and bidding for investor selection on Vietnam National
E-Procurement System.
Article 2. Regulated entities
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2. Organizations and individuals carrying out
investor selection which is not subject to the scope of the Law on Bidding may
apply provisions of this Circular at their discretion. If they wish to apply
provisions of this Circular, procedures for provision and publishing of
information shall be followed according to the Instructions for use on
Vietnam National E-Procurement System.
Article 3. Definitions
1. Vietnam National E-Procurement System (hereinafter
referred to as “VNEPS”), National Enterprise Registration Information
System, digital certificates used on VNEPS, Instructions for use, and
task-specific account are construed according to clauses 1, 2, 6, 7 and 10
Article 3 of the Circular No. 06/2024/TT-BKHDT dated April 26, 2024 of the
Minister of Planning and Investment of Vietnam providing guidelines on
provision and publishing of information on contractor selection and forms of
bidding documents on VNEPS (hereinafter referred to as “Circular No.
06/2024/TT-BKHDT”).
2. Abbreviations in this Circular and on the System
include:
a) E-KSQT means online investor interest
survey for PPP project;
b) E-HSQT means online expression of
interest (EOI) for PPP project;
c) E-TBMST means online invitation for
prequalification applications for PPP project;
d) E-HSMST means online prequalification
documents for PPP project;
dd) E-HSDST means online prequalification
application for PPP project.
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a) Decision on approval of investment guidelines
(for a project whose investment guidelines require approval in accordance with
regulations of the Law on Investment) or written approval of project
information (for a project whose investment guidelines do not require
approval);
b) Investor selection progress monitoring sheet for
business investment project;
c) E-TBMST, E-TBMQT, invitation for EOI, invitation
for prequalification applications, invitation for bid;
d) E-KSQT, E-HSMST;
dd) E-KSQT, E-HSMST, EOI request, bidding
documents;
e) Consortium agreement;
g) Bid opening record, E-HSQT or E-HSDST opening
record;
h) Shortlist; invitation for EOI result; list of
technically responsive investors; investor selection result;
i) Clarifications or modifications to E-KSQT,
E-HSMST, E-HSQT, E-HSDST, EOI request, applications for project execution,
bidding documents, bids; petition against the investor selection result and
other issues concerning the online investor selection;
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4. Invalid information means information
published on VNEPS by any of the entities prescribed in Article 2 of this
Circular against regulations of the Law on PPP investment, the Law on Bidding,
specialized sector/industry law and other relevant laws.
5. VNEPS participant means an authority or
organization that applies for participation in VNEPS in one or some of the
following roles:
a) Competent authority, authority signing the
contract;
b) Procuring entity, EOI requester;
c) Investor;
d) Department of Planning and Investment of
province or central-affiliated city, economic zone management board
(hereinafter referred to as “Provincial Department of Planning and
Investment/economic zone management board”);
dd) Affiliated agency or unit or specialized agency
that is delegated to use a task-specific account created by a competent
authority.
6. Participant account means an account
granted by Vietnam National E-Procurement Center to a VNEPS participant for
playing one or some of the roles specified in clause 5 of this Article.
Article 4. Application of online investor
selection
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a) PPP projects applying international
prequalification, international competitive bidding, competitive negotiation or
direct contracting;
b) Business investment projects applying
international bidding.
2. Roadmap for application
of online investor selection:
Ministries, ministerial agencies, Governmental
agencies, and provincial People’s Committees organize online investor selection
according to the roadmap below:
a) From the effective date of this Circular as
prescribed in clause 1 Article 22 of this Circular, information on PPP projects
and business investment projects shall be provided and published on VNEPS.
b) From the effective date of this Circular as
prescribed in clause 2 Article 22 of this Circular, issuance of E-KSQT, E-HSMST
and submission of E-HSQT, E-HSDST for PPP projects shall be made on VNEPS.
c) From September 01, 2025, issuance of E-HSMQT and
submission of E-HSDKTHDA for business investment projects shall be made on
VNEPS.
d) From January 01, 2026, issuance of E-HSMT and
submission of E-HSDT for business investment projects applying domestic
competitive bidding or domestic limited bidding under single-stage one-envelope
procedure or single-stage two-envelope procedure, and PPP projects applying
domestic competitive bidding shall be made on VNEPS.
Article 5. Preparation of E-KSQT, E-HSMST,
prequalification documents, negotiation documents and bidding documents for PPP
projects
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a) E-KSQT shall be prepared using the form in
Appendix I enclosed herewith;
b) E-KSQT for a project that has special elements
and thus needs innovations in order to shorten the project duration and
complete construction of the work or infrastructure system within a given
period of time, achieve high energy-saving rate, and ensure environmental
protection (if the project is classified in the group of projects posing high
risk of adverse environmental impacts) according to provision of the Law on
Environmental Protection shall be prepared using the form in Appendix II
enclosed herewith;
c) E-HSMST for PPP projects employing domestic
prequalification procedures shall be made using the form in Appendix III
enclosed herewith. Prequalification documents for PPP projects employing international
prequalification procedures are made using the E-HSMST form in Appendix III
enclosed herewith which may be modified but must still be conformable with
provisions of the PPP Law and Decree No. 35/2021/ND-CP.
d) Negotiation documents shall be made using the
form in Appendix IV enclosed herewith, and applied to projects executed
employing competitive negotiation as prescribed in Clauses 2 and 3 Article 38
of the PPP Law;
dd) Bidding documents shall be made using the form
in Appendix V enclosed herewith and applied to projects employing
prequalification procedures;
e) Bidding documents shall be made using the form
in Appendix VI enclosed herewith, and applied to projects executed without
employing prequalification procedures and projects executed employing
competitive negotiation as prescribed in Clause 1 Article 38 of the PPP Law;
g) Bidding documents shall be made using the form
in Appendix VII enclosed herewith, and applied to projects executed employing
competitive negotiation as prescribed in Clauses 2 and 3 Article 38 of the PPP
Law.
2. With regard to projects executed employing
direct contracting method as prescribed in Point a Clause 1 Article 39 of the
PPP Law, bidding documents shall be made using the form in Appendix VI enclosed
herewith which may be modified but must still be conformable with provisions of
the PPP Law, Decree No. 35/2021/ND-CP and relevant laws. Bidding documents
shall not include contents concerning comparison and ranking of investors.
3. In the forms provided in Appendixes I, II, III,
IV, V, VI and VII enclosed herewith, italicized text provides instructions and
illustrative provisions and shall be specified in detail in prequalification
documents, negotiation documents or bidding documents according to the scale,
nature, field or sector and specific conditions (if any) of each project.
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EOI requesters, procuring entities and expert teams
shall prepare invitation for EOI, EOI request, and bidding documents in
accordance with provisions of the Law on Bidding, the Government’s Decree No.
115/2024/ND-CP dated September 16, 2024 elaborating some articles of and
introducing measures for implementing the Law on Bidding regarding selection of
investors executing investment projects involving land use (hereinafter
referred to as “Decree No. 115/2024/ND-CP”), the Government’s Decree No.
23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for
implementation of Law on Bidding regarding selection of investors for projects
which require bidding as prescribed by specialized sector or industry laws (as
amended in Article 66 of the Decree No. 115/2024/ND-CP) (hereinafter referred
to as “Decree No. 23/2024/ND-CP”), guidelines given by supervisory ministries
(if any) and relevant laws as follows:
1. For investment projects
involving land use subject to the scope of the Decree No. 115/2024/ND-CP:
a) Invitation for EOI and EOI request are made
using the forms in Appendix VIII enclosed herewith;
b) Bidding documents are made using the form in
Appendix IX enclosed herewith and applied to projects applying competitive
bidding or limited bidding under single-stage one-envelope procedure;
c) Bidding documents are made using the form in
Appendix X enclosed herewith and applied to projects applying competitive
bidding under single-stage two-envelope procedure;
d) For investment projects on construction of
energy works, bidding documents are made according to guidelines given by the
Ministry of Industry and Trade of Vietnam as prescribed in point c clause 2
Article 74 of the Decree No. 115/2024/ND-CP.
2. For projects requiring bidding as prescribed in
specialized sector or industry laws subject to the scope of Decree No.
23/2024/ND-CP:
a) Invitation for EOI and EOI request are made
using the forms in Appendix VIII enclosed herewith with appropriate
modifications;
b) Bidding documents are made using the form in
Appendix XI enclosed herewith and applied to projects applying competitive
bidding or limited bidding under single-stage one-envelope procedure;
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3. For projects applying competitive bidding under
two-stage one-envelope procedure:
a) Bidding documents for investment projects
involving land use subject to the scope of the Decree No. 115/2024/ND-CP are
made using the form in Appendix IX enclosed herewith which may be modified but
must comply with provisions of the Law on Bidding No. 22/2023/QH15 and Decree
No. 115/2024/ND-CP.
b) Bidding documents for projects which require
bidding as prescribed in specialized sector or industry laws and are subject to
the scope of the Decree No. 23/2024/ND-CP are made using the form in Appendix
XI enclosed herewith which may be modified but must comply with provisions of
the Law on Bidding No. 22/2023/QH15 and Decree No. 23/2024/ND-CP.
4. In the forms provided in Appendixes
VIII, IX, X, XI and XII enclosed herewith, italicized text provides
instructions and illustrative provisions and shall be specified in detail in
EOI request or bidding documents according to the scale, nature, field or
sector and specific conditions (if any) of each project.
Chapter II
PROVISION AND PUBLISHING OF INFORMATION ON PPP
INVESTMENT, AND BIDDING FOR INVESTOR SELECTION ON VNEPS
Article 7. Rules for provision and publishing of
information, online investor selection on VNEPS
1. Formats of attached files; technical actions
against out-of-control VNEPS failure; account management and use of digital
certificates; sending and receipt of electronic documents on VNEPS; IT
infrastructure conditions shall comply with provisions of Articles 5, 6, 7, 8
and 9 of the Circular No. 06/2024/TT-BKHDT and its amending and/or superseding
documents (if any).
2. VNEPS operating unit shall discharge its
responsibilities as prescribed in Article 52 of the Law on Bidding, Article 23
of the Circular No. 06/2024/TT-BKHDT and corresponding responsibilities for
provision and publishing of information, online investor selection as
prescribed herein.
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Article 8. Project information and investor
interest survey
1. For PPP projects:
a) The competent authority shall publish the
project information which must be accompanied with the decision on approval of investment
guidelines, decision on modifications to investment guidelines (if any),
decision on approval of the project, decision on approval of modifications to
the project (if any) on VNEPS not later than 10 days from the issue date of
this decision as prescribed in point c clause 2 Article 4 of the Decree No.
35/2021/ND-CP and its amending and/or superseding documents (if any).
b) The competent authority creates a task-specific
account and delegate the account use right to the unit that prepares the project
or the agency or unit in charge of receiving the project proposal for
publishing the notice of investor interest survey on VNEPS. The investor
interest survey shall be carried out in accordance with Article 25 of the
Decree No. 35/2021/ND-CP.
2. For business investment projects:
a) For projects whose investment guidelines require
approval:
The competent authority shall publish the project
and decision on approval of investment guidelines on VNEPS within 05 working
days from the issue date of the decision on approval of investment guidelines
as prescribed in clause 2 Article 10 of the Decree No. 115/2024/ND-CP, Article
9 of the Decree No. 23/2024/ND-CP (as amended in clause 6 Article 66 of the
Decree No. 115/2024/ND-CP) and their amending and/or superseding documents (if
any).
b) For projects whose investment guidelines do not
require approval:
The competent authority shall publish the project
and decision on approval of the project information on VNEPS within 05 working
days from the issue date of the approval decision as prescribed in point c
clause 1 and point d clause 2 Article 11 of the Decree No. 115/2024/ND-CP,
point c clause 1 and point d clause 2 Article 10 of the Decree No.
23/2024/ND-CP (as amended in clause 7 Article 66 of the Decree No. 115/2024/ND-CP).
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1. E-KSQT is issued free of charge on VNEPS.
2. In case modifications are made to E-KSQT after
it is issued, the unit that prepares the project or the agency or unit in
charge of receiving the project proposal shall publish the following documents
on VNEPS:
a) The modification decision and specific
modifications to E-KSQT;
b) The modified E-KSQT.
3. Clarification:
a) An investor requiring any clarification of
E-KSQT shall send its request for clarification to the unit in charge of
preparing PPP project or the agency or unit in charge of receiving the PPP
project proposal via VNEPS at least 02 working days before the deadline for
E-HSQT submission.
b) A response to the investor’s request for
clarification of E-KSQT shall be published on VNEPS at least 02 working days
before the deadline for E-HSQT submission, and must include a description of
the inquiry but without identifying the requesting investor.
c) Clarifications to E-KSQT must not be contrary to
the contents of the approved E-KSQT.
Should the clarifications to E-KSQT result in
changes to E-KSQT, the modification of E-KSQT shall be subject to provisions of
clause 2 of this Article.
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If the deadline for E-HSQT submission is extended,
a notice of extension which clearly indicates the following information shall
be published on VNEPS:
a) Reasons for extension;
b) New deadline for E-HSQT submission.
Article 10. Invitation for prequalification
applications, E-TBMST and invitation for bid for PPP projects
1. The procuring entity shall publish the
invitation for prequalification applications for a project applying
international prequalification procedure; E-TBMST for a project applying
domestic prequalification procedure; invitation for bid for a project applying
competitive negotiation as prescribed in clauses 2 and 3 Article 38 of the PPP
law on VNEPS, and send the same to investors that have applied for project
execution as prescribed in Article 25 of the Decree No. 35/2021/ND-CP/ND-CP
based on the project execution progress and investor selection schedule
specified in the decision on approval of PPP project.
2. Modification or cancelation of the invitation
for prequalification applications, E-TBMST or invitation for bid shall be made
only before the bid submission deadline, unless no prequalification
application, E-HSDST or bid is received.
Article 11. Issuance of negotiation documents;
issuance, modification and clarification of prequalification documents,
E-HSMST; extension of bid submission deadline for PPP projects
1. Issuance:
a) Prequalification documents for projects applying
international prequalification procedure, E-HSMST for projects applying
domestic prequalification procedure and negotiation documents for projects
applying competitive negotiation as prescribed in clauses 2 and 3 Article 38 of
the PPP Law are issued free of charge on VNEPS at the same time as invitation for
prequalification applications, E-TBMST or invitation for bid. The procuring
entity must enclose the following documents with their published invitation for
prequalification applications, E-TBMST or invitation for bid:
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- Approved prequalification documents, E-HSMST or
negotiation documents.
The procuring entity shall not be allowed to issue
physical copies of prequalification documents or negotiation documents to
investors. The physical copies issued by the procuring entity to investors
shall not be considered as valid grounds for preparation and evaluation of
prequalification applications or negotiation applications in respect of a
project applying competitive negotiation as prescribed in clauses 2 and 3
Article 38 of the PPP Law.
b) If there are discrepancies between the prequalification
documents, for a project applying international prequalification procedure, or
negotiation documents for a project applying competitive negotiation as
prescribed in clauses 2 and 3 Article 38 of the PPP Law published on VNEPS and
the approved prequalification documents or negotiation documents, the latter
shall be used as the basis for preparation and evaluation of prequalification
applications or negotiation applications.
c) If there are discrepancies between the E-HSMST
for a PPP project applying domestic prequalification procedure published on
VNEPS and the approved E-HSMST, the former be used as the basis for preparation
and evaluation of E-HSDST.
2. Modification:
a) In case of offline investor selection, if
modifications are made to the prequalification documents after they are issued,
the procuring entity shall publish one of the following documents on VNEPS:
- A modification decision enclosed with specific
modifications to the prequalification documents;
- A modification decision and the modified
prequalification documents in which modified contents must be clearly
indicated;
b) In case of online investor selection, if
modifications are made to E-HSMST after it is issued, the procuring entity
shall publish the following documents on VNEPS:
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- The modified E-HSMST.
c) Such modifications must be made within the time
limit prescribed in clause 10 Article 31 of the Decree No. 35/2021/ND-CP. In
case of failure to publish modifications within such prescribed time limit, the
procuring entity shall extend as necessary the bid submission deadline.
3. Clarification:
a) In case of online prequalification, the investor
requiring any clarification of E-HSMST shall send its request for clarification
to the procuring entity via VNEPS at least 05 working days before the bid
submission deadline as prescribed in point c clause 2 Article 39 of the Decree
No. 35/2021/ND-CP.
The procuring entity shall publish its response to
the investor’s request for clarification of E-HSMST on VNEPS at least 02
working days before the bid submission deadline.
b) An investor requiring any clarification of
prequalification documents shall send its written request for clarification to
the procuring entity or via VNEPS at least 05 working days before the bid
submission deadline. The procuring entity shall respond to the investor’s
request for clarification of the prequalification documents adopting any of the
following approaches:
- Publishing its response to the investor’s request
for clarification of prequalification documents on VNEPS at least 02 working
days before the bid submission deadline; or
- Where necessary, the procuring entity may convene
a pre-bid meeting to clarify the contents of prequalification documents as
requested by investors. The procuring entity shall record all contents
discussed at the meeting in the meeting minutes and include them in the record
of clarifications to prequalification documents which shall be then published
on VNEPS;
c) Clarifications to the prequalification documents
or E-HSMST must not be contrary to the contents of the approved
prequalification documents or E-HSMST. Should the clarifications to
prequalification documents or E-HSMST result in changes to prequalification
documents or E-HSMST, the modification of prequalification documents or E-HSMST
shall be subject to provisions of clause 2 of this Article.
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In case of extension of the bid submission deadline
made on VNEPS, the procuring entity shall publish the extension notice which
must be enclosed with the extension decision on VNEPS. Such notice must clearly
indicate:
a) Reasons for extension;
b) The new bid submission deadline.
Article 12. Shortlist for PPP projects
1. Time limit for publishing a shortlist:
a) The procuring entity shall publish the shortlist
on VNEPS within 10 days after the shortlist is approved as prescribed in point
b clause 2 Article 4 of the Decree No. 35/2021/ND-CP.
b) For a project applying competitive negotiation
as prescribed in clause 1 Article 38 of the PPP Law, the procuring entity shall
publish the shortlist on VNEPS within 10 days from the issue date of the
decision on approval of the project as prescribed in point b clause 2 Article 4
of the Decree No. 35/2021/ND-CP.
2. Attachments:
The procuring entity shall attach the following
documents to its published shortlist:
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b) Decision on approval of the project, for a
project applying competitive negotiation as prescribed in clause 1 Article 38
of the PPP Law;
c) Decision on approval of the shortlist, for a
project applying competitive negotiation as prescribed in clauses 2 and 3
Article 38 of the PPP Law.
Article 13. Investor selection progress
monitoring sheet for business investment projects
The competent authority creates a task-specific
account and delegates the account use right to its affiliated agency or unit or
specialized agency to post the investor selection progress monitoring sheet and
decision on approval thereof on VNEPS within 05 working days from the issue
date of the approval decision as prescribed in clause 5 Article 12 of the
Decree No. 115/2024/ND-CP, clause 5 Article 11 of the Decree No. 23/2024/ND-CP
(as amended in clause 8 Article 66 of the Decree No. 115/2024/ND-CP).
Article 14. Issuance, modification and
clarification of EOI request; extension of deadline for submission of
applications for project execution for business investment projects
1. Issuance:
EOI request shall be issued free of charge at the
same time as the invitation for EOI on VNEPS. The EOI requester must also
attach the following documents to its published invitation for EOI:
a) Decision on approval of EOI request;
b) The approved EOI request.
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2. Modification:
If modifications are made to the EOI request after
it is issued, the EOI requester shall publish the following documents on VNEPS:
a) The modification decision enclosed with specific
modifications to the EOI request;
b) The modified EOI request.
Such modifications must be made within the time
limit prescribed in clause 3 Article 40 of the Decree No. 115/2024/ND-CP,
clause 3 Article 39 of the Decree No. 23/2024/ND-CP.
3. Clarification:
a) An investor requiring clarification of the EOI
request shall send its request for clarification to the EOI requester via VNEPS
at least 05 days before the deadline for submission of applications for project
execution as prescribed in point a clause 4 Article 40 of the Decree No.
115/2024/ND-CP, point a clause 4 Article 39 of the Decree No. 23/2024/ND-CP;
b) The EOI requester shall publish its response to
the investor’s request for clarification of EOI request on VNEPS at least 02
days before the deadline for submission of applications for project execution
as prescribed in point b clause 4 Article 40 of the Decree No. 115/2024/ND-CP,
point b clause 4 Article 39 of the Decree No. 23/2024/ND-CP;
c) Clarifications to the EOI request must not be
contrary to the contents of the EOI request published on VNEPS. Should the
clarifications to the EOI request result in changes to the EOI request, the
modification of the EOI request shall be subject to provisions of clause 2 of
this Article.
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If the deadline for submission of applications for
project execution needs to be extended, the EOI requester shall publish the
extension notice and decision on approval of such extension on VNEPS. Such
notice must include reasons for extension and the new deadline.
Article 15. Shortlist for business investment
projects applying limited bidding method
The procuring entity shall publish the approved
shortlist and the decision on approval of such shortlist on VNEPS in conformity
with the investor selection progress monitoring sheet.
Article 16. Issuance, modification and
clarification of bidding documents; extension of bid submission deadline for
PPP projects and business investment projects
1. Issuance of bidding
documents:
a) For PPP projects applying competitive bidding
with prequalification procedure or competitive negotiation as prescribed in
Article 38 of the PPP Law, bidding documents are issued on VNEPS to shortlisted
investors. The investor is required to pay an amount equaling the selling price
of 01 set of bidding documents when submitting its bid;
b) For PPP projects applying competitive bidding
without prequalification procedure, the procuring entity shall provide all
files of the bidding documents free of charge on VNEPS;
c) For business investment projects applying
domestic competitive bidding, bidding documents are issued free of charge on
VNEPS. The procuring entity shall post all files of the bidding documents on
VNEPS;
d) For business investment projects applying
domestic limited bidding, bidding documents are issued free of charge on VNEPS
to shortlisted investors. The procuring entity shall post all files of the
bidding documents on VNEPS;
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e) The procuring entity shall not be allowed to
issue physical copies of bidding documents to investors. The physical copies
issued by the procuring entity to investors shall not be considered as valid
grounds for preparation and evaluation of bids;
g) The procuring entity must also attach the
following documents to its published invitation for bid:
- The decision on approval of bidding documents;
- The approved bidding documents.
h) If there are discrepancies between the bidding
documents published on VNEPS and the approved bidding documents, the latter
shall be used as the basis for preparation and evaluation of bids.
2. Modification of bidding
documents:
a) For PPP projects: If modifications are made to
the bidding documents after they are issued, the procuring entity shall send
the modification decision enclosed with specific modifications to the bidding
documents to the shortlisted investors (in case of a project with completed
prequalification procedures or applying competitive negotiation) or publish
them on VNEPS (in case of a project executed without following prequalification
procedure).
b) For business investment projects: If
modifications are made to the bidding documents after they are issued, the
procuring entity shall publish the modification decision, specific
modifications and modified bidding documents on VNEPS.
c) Such modifications must be published within the
time limit prescribed in clause 10 Article 31 of the Decree No. 35/2021/ND-CP,
for PPP projects, or clause 3 Article 16 of the Decree No. 23/2024/ND-CP and
clause 3 Article 17 of the Decree No. 115/2024/ND-CP, for business investment
projects. In case of failure to publish modifications within such prescribed
time limit, the procuring entity shall extend as necessary the bid submission
deadline.
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a) For a PPP project applying competitive bidding
with prequalification procedure or competitive negotiation as prescribed in
Article 38 of the PPP Law, the investor requiring any clarification of the
bidding documents shall send its request for clarification to the procuring
entity at least 07 working days (in case of domestic investor selection) or 15
working days (in case of international investor selection) before the bid
submission deadline as prescribed in point a clause 4 Article 51 of the Decree
No. 35/2021/ND-CP. The procuring entity shall respond to the investor’s request
for clarification of the bidding documents adopting any of the following
approaches:
- Sending the record of clarifications to bidding
documents to the shortlisted investors;
- Where necessary, the procuring entity may convene
a pre-bid meeting to clarify the contents of bidding documents as requested by
investors. The procuring entity shall record all contents discussed at the
meeting in the meeting minutes and include them in the record of clarifications
to bidding documents which shall be then sent to the shortlisted investors.
b) For a PPP project applying competitive bidding
without following prequalification procedure, the investor requiring any
clarification of the bidding documents shall send its request for clarification
directly to the procuring entity or via VNEPS at least 07 working days (in case
of domestic investor selection) or 15 working days (in case of international
investor selection) before the bid submission deadline as prescribed in point b
clause 4 Article 51 of the Decree No. 35/2021/ND-CP. The procuring entity shall
respond to the investor’s request for clarification of the bidding documents
adopting any of the following approaches:
- Publishing its response to the investor’s request
for clarification of bidding documents on VNEPS at least 02 working days before
the bid submission deadline; or
- Where necessary, the procuring entity may convene
a pre-bid meeting to clarify the contents of bidding documents as requested by
investors. The procuring entity shall record all contents discussed at the
meeting in the meeting minutes and include them in the record of clarifications
to the bidding documents which shall be then published on VNEPS at least 02
working days before the bid submission deadline.
c) For a business investment project applying
domestic bidding, the investor requiring any clarification of the bidding
documents shall send its request for clarification to the procuring entity via
VNEPS at least 07 working days before the bid submission deadline as prescribed
in point a clause 4 Article 16 of the Decree No. 23/2024/ND-CP (as amended in
point b clause 11 Article 66 of the Decree No. 115/2024/ND-CP) and point a
clause 4 Article 17 of the Decree No. 115/2024/ND-CP;
d) For a business investment project applying
international bidding, the investor requiring any clarification of the bidding
documents shall send its request for clarification directly to the procuring
entity at least 15 working days before the bid submission deadline as
prescribed in point a clause 4 Article 16 of the Decree No. 23/2024/ND-CP (as
amended in point b clause 11 Article 66 of the Decree No. 115/2024/ND-CP) and
point a clause 4 Article 17 of the Decree No. 115/2024/ND-CP;
dd) The procuring entity shall respond to the
investor’s request for clarification of bidding documents within the time limit
prescribed in point a of this clause and publish the record of clarifications
to bidding documents on VNEPS at least 02 working days before the bid
submission deadline as prescribed in point d clause 4 Article 16 of the Decree
No. 23/2024/ND-CP (as amended in point b clause 11 Article 66 of the Decree No.
115/2024/ND-CP) and point d clause 4 Article 17 of the Decree No. 115/2024/ND-CP;
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g) For a business investment project, where
necessary, the procuring entity may convene a pre-bid meeting to clarify the
contents of bidding documents as requested by investors. The procuring entity
shall make a record of clarifications to bidding documents which includes all
contents discussed with investors at the meeting and publish it on VNEPS at
least 02 working days before the bid submission deadline as prescribed in point
d clause 4 Article 16 of the Decree No. 23/2024/ND-CP (as amended in point b
clause 11 Article 66 of the Decree No. 115/2024/ND-CP) and point d clause 4
Article 17 of the Decree No. 115/2024/ND-CP.
4. Extension of bid
submission deadline:
In case of extension of the bid submission deadline
made on VNEPS, the procuring entity shall publish the extension notice which
must be enclosed with the extension decision on VNEPS. Such notice must clearly
indicate:
a) Reasons for extension;
b) The new bid submission deadline.
Article 17. Cancellation, extension and
modification of published information
Cancellation, extension and modification of
published information shall be carried according to the Instructions for
use.
Article 18. Publishing of investor selection
result
a) For a PPP project, the procuring entity shall
publish the investor selection result and the decision on approval thereof on
VNEPS within 10 days from the issue date of the approval decision as prescribed
in point b clause 2 Article 4 of the Decree No. 35/2021/ND-CP.
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Article 19. Responsibilities of parties
1. The competent authority/authority making
decision to conduct bidding shall:
a) discharge the responsibilities prescribed in
Article 77 of the Law on Bidding;
b) publish the information specified in Points a, b
and e Clause 2 Article 7 of the Law on Bidding;
c) assume legal responsibility for the accuracy and
truthfulness of the information provided or published on VNEPS using their
participant account;
d) check and verify its publishing of information
on VNEPS;
dd) manage and assume responsibility for delegation
of rights to use task-specific accounts corresponding to their role; manage the
use of digital certificates on VNEPS.
2. a) The investor shall assume responsibility for
the accuracy of the information provided in webforms and files attached to
their submitted bid. The investor shall input information according to the
requirements of E-KSQT, E-HSMST and attach files to create a complete set of
E-HSQT, E-HSDST for a PPP project;
b) The investor shall examine all contents of
E-KSQT, E-HSMST for PPP projects in which it is interesting to prepare its
E-HSQT, E-HSDST in conformity with the requirements laid down in such E-KSQT,
E-HSMST. If E-KSQT, E-HSMST is found to have confusing information which makes
the investor difficult to prepare its E-HSQT, E-HSDST, the investor shall send a
request for clarification of E-KSQT, E-HSMST to the procuring entity for
considering and making appropriate modifications;
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d) In case the investor’s legal representative
authorizes the director of a branch, financially dependent subsidiary or
factory of the investor or the head of its another financially dependent unit
to perform tasks during the EOI process or bidding on VNEPS, submission of EOI
or bid on VNEPS must be made using the investor’s participant account instead
of the participant account of that branch, subsidiary, factory or unit. If EOI
or bid is submitted using the participant account of its branch or (financially
dependent) affiliated unit, the investor shall be considered to have failed
eligibility requirements as prescribed in clause 1 Article 5 of the Law on
Bidding;
dd) The investor shall discharge other
responsibilities, including:
- Register for participation in VNEPS to ensure its
eligibility as prescribed in point d clause 1 Article 5 of the Law on Bidding;
- Discharge the responsibilities prescribed in
Article 82 of the Law on Bidding;
- Manage its participant account and digital certificate
used on VNEPS.
Chapter III
IMPLEMENTATION
Article 20. Amendments to Circular No.
02/2024/TT-BKHDT dated March 06, 2024 of Minister of Planning and Investment of
Vietnam prescribing training and refresher training, examination, issuance and
revocation of professional certificates in bidding
1. The text “Pursuant to
the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating
and providing guidelines for implementation of the Law on Bidding regarding
selection of investors executing investment projects involving land use” is
added to the legal grounds of this Circular.
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“d) Individuals who are members of expert teams or
appraisal teams in charge of selecting investors for investment projects
involving land use as prescribed in clause 4 Article 1 of the Government’s
Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing
guidelines for implementation of the Law on Bidding regarding selection of
investors executing investment projects involving land use”.
3. Section IV Part B of
Appendix 1 enclosed to the Circular is amended as follows:
a) Heading of Seminar 4 is changed from “Procedures
for selection of investor executing a business investment project” into “Procedures
for selection of investor executing a project which requires bidding as
prescribed in specialized sector or industry law."
b) Clause 1 is amended as follows:
“1. Overview of the project which requires bidding
as prescribed by specialized sector or industry law”.
4. Section V Part B of
Appendix 1 enclosed to the Circular is amended as follows:
Heading of Seminar 5 is changed from “Procedures
for selection of investor executing an investment project with use of" into
“Procedures for selection of investor executing an investment project involving
land use”.
Article 21. Transition
From the effective date of this Circular as
prescribed in clause 2 Article 23 of this Circular, PPP projects are subject to
these transition clauses:
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2. In case the bidding documents for the PPP project
have been issued but the investor selection result is not yet approved by the
effective date of this Circular, bids shall continue to be evaluated according
to the issued bidding documents. Subsequent procedures for the PPP
project shall comply with the PPP Law and Decree No. 35/2021/ND-CP.
Article 22. Effect
1. This Circular comes into force from the day on
which it is signed, except regulations in Clause 2 of this Article.
2. Provisions of Article 5 of this Circular come
into force from November 15, 2024.
3. From the effective date of this Circular as
prescribed in clauses 1 and 2 of this Article, the following Circulars shall
cease to have effect:
a) Circular No. 09/2021/TT-BKHDT dated November 16,
2021 of the Minister of Planning and Investment of Vietnam providing guidelines
for selection of investors executing public-private partnership projects and
investment projects involving land use;
b) Circular No. 10/2022/TT-BKHDT dated June 15,
2022 of the Minister of Planning and Investment prescribing provision and
publishing of information and investor selection on Vietnam National
E-Procurement System;
c) clause 6 Article 5 of the Circular No.
21/2022/TT-BKHDT dated September 30, 2022 of the Minister of Planning and
Investment of Vietnam prescribing preparation of bidding documents for
procurement of non-consulting services under the framework of the Comprehensive
and Progressive Agreement for Trans-Pacific Partnership, the EU-Vietnam Free
Trade Agreement and the UK-Vietnam Free Trade Agreement;
d) Circular No. 03/2024/TT-BKHDT dated March 06,
2024 of the Minister of Planning and Investment of Vietnam prescribing forms of
bidding documents for selection of investors for projects requiring bidding as
prescribed by specialized sector or industry laws;
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4. Before forms of bidding documents issued by the
Ministry of Industry and Trade of Vietnam as prescribed in point c clause 2
Article 74 of the Decree No. 115/2024/ND-CP are available, bidding documents
shall be made using the forms in Appendixes VIII, IX, X, XI and XII enclosed
herewith which may be modified but must be conformable with provisions of the
Law on Bidding, the Law on Electricity, and relevant laws, and ensure
achievement of all objectives in bidding, including competitiveness, fairness,
transparency, economic efficiency and accountability.
5. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Planning
and Investment of Vietnam for consideration./.
MINISTER
Nguyen Chi Dung