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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.
22/2024/TT-BKHDT
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Hanoi, November
17, 2024
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CIRCULAR
PROVIDING GUIDELINES
FOR PROVISION AND PUBLISHING OF INFORMATION ON CONTRACTOR SELECTION AND FORMS
OF BIDDING DOCUMENTS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on Bidding dated June 23,
2023;
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.
130/2018/ND-CP dated September 27, 2018 elaborating on the implementation of
the Law on E-transactions regarding digital signatures and authentication of
digital signatures;
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 defining the functions, tasks, powers and
organizational structure of the Ministry of Planning and Investment of Vietnam;
At the request of the Director General of the
Public Procurement Agency;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines for provision and
publishing of information on contractor selection and forms of bidding
documents, including:
1. Document forms used in preparation, appraisal
and approval of contractor selection master plans and plans for selection of
contractors executing projects or procurement cost estimates as prescribed in
Articles 1 and 2 of the Law on Bidding;
2. Forms of bidding documents on Vietnam National
E-Procurement System in respect of packages for consulting services;
non-consulting services; procurement of goods (except medicines); construction;
engineering and procurement (EP); engineering and construction (EC);
procurement and construction (PC); engineering, procurement and construction
(EPC); and packages for supply of medical devices, chemicals, test equipment
and accompanied services for operation of medical devices (excluding operators)
by quantity of technical services (hereinafter referred to as “medical device
hiring packages") which are subject to the scope of the Law on Bidding,
and for which contractors are selected adopting domestic competitive bidding,
limited bidding or shopping method under single-stage one-envelope or
single-stage two-envelope procedure, online quotation or online procurement;
3. Forms of reports on preparation of bidding
documents; requests for approval of bidding documents; decisions on approval of
bidding documents; reports on online bid evaluation in respect of packages for
non-consulting services, procurement of goods (except medicines), medical device
hiring, construction, EPC, EP, EC, PC under single-stage one-envelope or
single-stage two-envelope procedure; and consulting service packages;
4. Other document forms used in online contractor
selection.
Article 2. Regulated entities
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2. Organizations and individuals that carry out the
contractor selection which is not subject to the scope prescribed in Article 1
of this Circular but apply provisions of this Circular at their discretion. In
this case, procedures shall be followed according to the Instructions for use
on Vietnam National E-Procurement System.
Article 3. Definitions
1. “VNEPS” or “System” means Vietnam National
E-Procurement System (with address: https://muasamcong.mpi.gov.vn) that is an
information technology system developed and managed by the Ministry of Planning
and Investment of Vietnam according to provisions of clause 18 Article 4 of the
Law on Bidding.
2. “National enterprise registration information
system” means a system of dedicated information about enterprise
registration as prescribed by the Government’s regulations on enterprise
registration.
3. Abbreviations in this Circular and on VNEPS include:
a) E-TBMST: online invitation for
prequalification applications;
b) E-TBMQT: online invitation for EOI
(Expression of Interest);
c) E-TBMT: online invitation for bid;
d) E-HSMQT: online EOI request;
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e) E-HSMST: online prequalification
documents;
g) E-HSDST: online prequalification
application;
h) E-HSMT: bidding documents used in online
competitive bidding, online limited bidding or online shopping;
i) E-HSDT: bid used in online competitive
bidding, online limited bidding or online shopping;
k) E-HSDXKT: online technical proposal;
l) E-HSDXTC: online financial proposal.
4. “Electronic document” means a document or
piece of information that is successfully sent, received and retained on the
System, including:
a) Project details;
b) Contractor selection master plan; contractor
selection plan;
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d) Shortlist;
dd) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT,
terms of reference, scientific CVs, EOI request, prequalification documents,
bidding documents; clarifications to E-HSMST, E-HSDST, E-HSMQT, E-HSQT, E-
HSMT, E-HSDT, E-HSDXKT, E-HSDXTC, terms of reference, scientific CVs, EOI
request, prequalification documents, bidding documents; modifications or
addenda to E-HSMQT, E-HSMST, E-HSMT, terms of reference, EOI request,
prequalification documents, bidding documents; extension of bid closing date;
cancellation of E-TBMQT, E-TBMST, E-TBMT, invitation for EOI, invitation for
prequalification applications, or invitation for bid;
e) Consortium agreement;
g) Bid opening record, E-HSDXKT opening record,
E-HSDXTC opening record;
h) E-HSQT, E-HSDST, E-HSDT evaluation report;
i) Contractor selection result;
k) Petitions against contractor selection results
and other issues concerning the online contractor selection;
l) Request for and decision on approval of E-HSMQT,
E-HSMST, E-HSMT, terms of reference, EOI request, prequalification documents or
bidding documents; request for and decision on approval of online contractor
selection result;
m) E-HSMQT, E-HSMST, E-HSMT appraisal report;
report on appraisal of contractor selection result;
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o) Electronic contract;
p) Other documents in electronic format exchanged
on VNEPS.
5. “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 Bidding and other relevant laws.
6. “digital certificate” used on VNEPS means
a public digital certificate issued by a public signature certification body or
a digital certificate issued by a body specializing in certification of digital
signatures of Governmental authorities.
7. “Instructions for use” means an
electronic document published on VNEPS to provide instructions for users on how
to conduct transactions on VNEPS.
8. “Participant” in VNEPS means an
authority, organization or individual that applies for participation in VNEPS
in one or some of the following roles:
a) Employer;
b) Procuring entity;
c) Bidder (individual or group of individuals
engaging in individual consulting service package; start-up individual or group
of individuals engaging in procurement of goods package; organization;
household business);
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dd) Producer (producer, its representative office
or agent) participating in VNEPS to respond to queries of bidders.
9. “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 8 of this Article.
10. “Task-specific account” means an account
which is created from a participant account to perform some specific tasks on
VNEPS.
11. “e-GP project enterprise” means
Investment and Development of National E-Procurement System Company
Limited (IDNES) that is established by the Investor (FPT Information
System Co., Ltd. - FPT IS) under terms and conditions of the BOT contract of
the e-GP project. e-GP project enterprise and Vietnam National E-Procurement
Center (hereinafter referred to as “Procurement Center”) shall take charge of
performing responsibilities of VNEPS operating unit defined in Article 52 of the
Law on Bidding.
12. “BOT contract of the e-GP project” means
a contract signed by and between the Ministry of Planning and Investment of
Vietnam and the Investor (FPT IS) for carrying out investment in, design,
construction, operation, maintenance, upgrading and transfer of VNEPS in the
PPP (Public-Private Partnerships) form.
Article 4. Use of document forms and Appendixes
1. Document forms used in preparation, appraisal
and approval of contractor selection master plan include:
a) Form No. 01A, used for preparing request for
approval of the contractor selection master plan;
b) Form No. 01B, used for preparing report on
appraisal of the contractor selection master plan;
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Where it is necessary to make changes or
modifications to the approved contractor selection master plan, only the
changed or modified contents shall be prepared, submitted, appraised and
approved.
2. Document forms used in preparation, appraisal
and approval of contractor selection plan include:
a) Form No. 02A, used for preparing request for
approval of the contractor selection plan;
b) Form No. 02B, used for preparing report on
appraisal of the contractor selection plan;
c) Form No. 02C, used for making decision on
approval of the contractor selection plan.
Where it is necessary to make changes or
modifications to the approved contractor selection plan, only the changed or
modified contents shall be prepared, submitted, appraised and approved. Regarding
a task which is not yet included in the contractor selection plan, when
conditions for inclusion of the task in the contractor selection plan are met,
only such a task shall be prepared, submitted, appraised and approved without
re-preparing, submitting, appraising and approving the tasks which have been
already approved. During the contract performance, if there is any change in
the package execution duration compared to that included in the approved
contractor selection plan, modification of the contractor selection plan shall
not be required.
3. For a construction package:
a) Form No. 3A, used for preparing E-HSMT for
competitive bidding, limited bidding or shopping under single-stage
one-envelope procedure;
b) Form No. 3B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
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4. For a procurement of goods package (including
centralized procurement):
a) Form No. 4A, used for preparing E-HSMT for
competitive bidding, limited bidding or shopping under single-stage
one-envelope procedure;
b) Form No. 4B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
c) Form No. 4C, used for preparing E-HSMST.
5. For a non-consulting service package:
a) Form No. 5A, used for preparing E-HSMT for
competitive bidding, limited bidding or shopping under single-stage
one-envelope procedure;
b) Form No. 5B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
c) Form No. 5C, used for preparing E-HSMST.
6. For a consulting service package:
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b) Form No. 6B, used for preparing E-HSMQT;
c) Form No. 6C, used for preparing forms used for
individual consultant.
7. For an EP package:
a) Form No. 7A, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage one-envelope
procedure;
b) Form No. 7B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
c) Form No. 7C, used for preparing E-HSMST.
8. For an EC package:
a) Form No. 8A, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage one-envelope
procedure;
b) Form No. 8B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
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9. For a PC package:
a) Form No. 9A, used for preparing E-HSMT for
competitive bidding, limited bidding or shopping under single-stage
one-envelope procedure;
b) Form No. 9B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
c) Form No. 9C, used for preparing E-HSMST.
10. For an EPC package:
a) Form No. 10A, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage one-envelope
procedure;
b) Form No. 10B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure;
c) Form No. 10C, used for preparing E-HSMST.
11. For an medical device hiring package:
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b) Form No. 11B, used for preparing E-HSMT for
competitive bidding or limited bidding under single-stage two-envelope
procedure.
12. For online quotation:
a) Form No. 12A, used for preparing online bidding
documents for procurement of goods applying common online quotation method
under single-stage one-envelope procedure;
b) Form No. 12B, used for preparing online bidding
documents for non-consulting services applying common online quotation method
under single-stage one-envelope procedure;
c) Form No. 12C, used for preparing the online
invitation to quote for procurement package under simplified procedure;
d) Form No. 12D, used for preparing the online
invitation to quote for non-consulting service package under simplified
procedure;
dd) Form No. 12E, used for preparing the online
invitation to quote under simplified procedure in case of handling of
situations as prescribed in Article 131 of the Government’s Decree No.
24/2024/ND-CP dated February 27, 2024.
13. For online procurement: Form No. 13, used
for preparing online procurement documents.
14. Forms of valuation reports include:
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b) Form No. 14B, used for preparing report on
evaluation of E-HSDTs under process 02 prescribed in point b clause 1 Article
29 of this Circular, for non-consulting service, procurement, or medical device
hiring package under single-stage one-envelope procedure;
c) Form No. 14C, used for preparing report on
evaluation of E-HSDTs for non-consulting service, procurement, construction,
EPC, EP, EC, PC or medical device hiring package under single-stage
two-envelope procedure;
d) Form No. 14D, used for preparing report on
evaluation of E-HSDTs for consulting service package under single-stage
two-envelope procedure.
15. Appendixes:
a) Appendix 1A. Form of report on preparation of
E-HSMT or bidding documents of the expert team;
b) Appendix 1B. Form of request for approval of
E-HSMT or bidding documents of the procuring entity;
c) Appendix 1C. Form of decision on approval of
E-HSMT or bidding documents (webform on VNEPS);
d) Appendix 2A. Form of request for approval of the
shortlist, for online bidding employing prequalification or invitation for EOI
procedure;
dd) Appendix 2B. Form of decision on approval of
the shortlist, for online bidding employing prequalification or invitation for
EOI procedure;
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g) Appendix 3B: Form of decision on approval of
list of technically responsive bidders, for bidding under one-stage
two-envelope procedure;
h) Appendix 4A: Form of document verification
record (for all packages);
i) Appendix 4B: Form of contract negotiation record
(for procurement, construction, non-consulting service, EPC, EP, EC and PC
packages as prescribed in point d clause 1 Article 43 of the Law on Bidding);
k) Appendix 4C: Form of contract negotiation record
(for consulting service package);
l) Appendix 5A: Form of request for approval of
contractor selection result, for online bidding;
m) Appendix 5B: Form of decision on approval of
contractor selection result, for online bidding (webform on VNEPS);
n) Appendix 6: Form of commitment;
o) Appendix 7: Registration of receipt of
information on legislative documents on bidding;
p) Appendix 8: Notice of foreign investor winning a
bid in Vietnam;
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r) Appendix 10: Some contents of E-HSMT that limit
the participation of bidders as prescribed in clause 3 Article 44 of the Law on
Bidding.
16. Regarding the packages prescribed in clause 5
Article 3 of the Law on Bidding, the roles of the organizations or individuals
submitting, carrying out appraisal and approval of the contractor selection
master plan, the contractor selection plan, E-HSMQT, E-HSMST, E-HSMT, and
contractor selection results shall comply with provisions of the Law on Bidding
and its guidelines; contents of the contractor selection master plan, the
contractor selection plan, E-HSMQT, E-HSMST or E-HSMT shall comply with
provisions of the relevant international convention and loan agreement. Where a
donor’s regulations must be applied as prescribed in the international
convention or loan agreement, if approved by the donor, preparation, appraisal
and approval of the contractor selection master plan, the contractor selection
plan, E-HSMT, E-HSMQT, E-HSMST, and E-HSDT, E-HSQT, E-HSDST evaluation report
shall be carried out using the forms in clauses 1 through 15 of this Article.
Publishing of information on bidding for packages
of the projects prescribed in this clause on “vốn khác” (“other funds”) item on
VNEPS is encouraged.
17. For a package or project containing information
classified as state secrets as prescribed by law on protection of state
secrets, provision and publishing of such information as prescribed in this
Circular shall not be required. Information classified as state secrets shall
be managed in accordance with regulations of law on protection of state
secrets.
18. EPC, EP, EC or PC package is applied to a
complicated project which has strict technical requirements, and requires high
technologies and strict consistency in all stages, including design, provision
of equipment, construction, training for technology transfer, warranty, and
long-term maintenance, except the case prescribed in clause 4 Article 24 of the
Law on Bidding. Establishment of EPC, EP, EC or PC package for an IT
application project shall comply with regulations of law on management of
investment in IT application. Regarding the case prescribed in clause 4 Article
24 of the Law on Bidding, if there are fewer than 03 independent bidders that
meet requirements for execution of the package, the package shall be divided
into two separate procurement package and construction package without
establishing a PC mixed package.
EPC package is suitable for mechanical, electrical,
petroleum, chemical, cement, mining, water supply and drainage, wastewater
treatment, waste treatment or IT works for which design and manufacturing of
equipment cannot be separated due to consistency requirements.
In case the tasks of the package can be divided
into separate packages, including engineering (E), procurement (P) and
construction (C), such engineering (E), procurement (P) and construction (C)
packages shall be separately established to increase the competitiveness of the
package.
Article 5. Format of attached files
1. A file uploaded to VNEPS must meet the following
requirements:
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b) A compressed file must be decompressed and
opened by common decompression software programs such as ZIP file decompression
software available on Windows, Rar or 7Zip decompressor. The format of
the compressed file must comply with provisions of point a of this clause;
c) The file must not be infected or erroneous or
protected with a password.
2. If any files attached to the EOI request,
E-HSMQT, prequalification documents, E-HSMST, bidding documents, E-HSMT, terms
of reference, online invitation for quotation or online shopping documents
cannot be opened or read due to their non-compliance with the provisions of
clause 1 of this Article or other reasons, the procuring entity shall be
required to re-publish and re-issue the entire set of such EOI request,
E-HSMQT, prequalification documents, E-HSMST, bidding documents, E-HSMT, terms
of reference, online invitation for quotation or online shopping documents.
3. Any files attached to E-HSDT, E-HSQT, E-HSDST or
scientific CVs which cannot be opened or read due to their non-compliance with
provisions of clause 1 of this Article shall not be considered and evaluated.
Article 6. Technical actions against
out-of-control VNEPS failure
1. In case of VNEPS failure, the deadline for
submission of bids, submission of online quotations, confirmation or refusal of
online shopping orders or clarification of E-HSMQT, E-HSMST, E-HSMT, terms of
reference, E-HSQT, E-HSDST, E-HSDT, or scientific CVs which falls within the
period from the occurrence of the failure to 02 hours after the problem has
been successfully corrected shall be automatically extended by VNEPS up to 06
hours after successful completion of recovery procedure.
2. If the new deadline for submission of bids,
submission of online quotations, confirmation or refusal of online shopping
orders or clarification of E-HSMQT, E-HSMST, E-HSMT, E-HSQT, E-HSDST, or E-HSDT
determined according to clause 1 of this Article falls after 17:00 PM but
before 11:00 AM of the following day, it shall be automatically extended by
VNEPS to 11:00 AM of the following day;
In case of online quotation, if 11:00 AM of the
following day does not fall on a business day, the new deadline for submission
of online quotations shall be extended to 11:00 AM of the nearest business day.
3. If the deadline for submission of bids is
automatically extended by VNEPS as prescribed in clauses 1 and 2 of this Article,
evaluation of E-HSQT, E-HSDST, E-HSDT, or scientific CVs shall be carried out
on the basis of the deadline for submission of bids indicated in E-TBMQT,
E-TBMST, or E-TBMT before VNEPS failure occurs.
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1. Creation of task-specific accounts:
The participant account holder shall create and
delegate rights to use task-specific accounts to perform the roles of a
participant in VNEPS as prescribed in clause 8 Article 3 of this Circular;
block, unblock; reset password, method and equipment used for authenticating
login using task-specific accounts.
2. Use of digital certificates on VNEPS:
a) Any organization or individual that is issued
with a digital certificate when participating in VNEPS shall follow procedures
for registration of digital certificate according to Instructions for use.
A digital certificate used on VNEPS shall be the one issued to the organization
or individual prescribed in clause 8 Article 3 of this Circular;
b) The digital certificate shall be used for
creating digital signature and authenticating identity of its holder;
c) Registration, change in or cancellation of
information on a participant’s digital certificate on VNEPS shall be carried
out according to Instructions for use.
d) Each participant shall assume responsibility for
the accuracy of its digital certificate used on VNEPS.
Article 8. Sending and receiving electronic
documents on VNEPS
1. Electronic documents prescribed in clause 4
Article 3 of this Circular shall have legal validity and be used as the basis
for comparing, verifying and authenticating information serving performance of
evaluation, appraisal, inspection, supervision, auditing and disbursement tasks
as prescribed by law.
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3. When an electronic document is sent on VNEPS,
the sender shall receive a response from VNEPS that whether the document has
been sent successfully or not.
4. When procedures for registration as participant
on VNEPS have been successfully completed, the participant shall have the
rights to search for the status of its electronic documents and other
information on VNEPS. Information on transaction history shall be used for
solving any disputes over sending and receipt of electronic documents on VNEPS.
5. Any organization or individual in charge of
performing inspection, examination, auditing and disbursement tasks shall not
be allowed to request provision of physical documents if corresponding
electronic documents can be found or obtained on VNEPS, unless inspection or
verification of original copies is deemed necessary.
Article 9. IT infrastructure requirements
Any organization or individual that wishes to
become a participant in VNEPS shall be required to meet IT infrastructure
requirements laid down in clause 14 Article 78, clause 3 Article 79 and point a
clause 3 Article 82 of the Law on Bidding and elaborated in Instructions for
use.
Article 10. Connecting VNEPS with Treasury and
Budget Management Information System
Payment and finalization documents may be sent to
the State Treasury on VNEPS according to Instructions for use by means
of connection between VNEPS and the Treasury and Budget Management Information
System. Contractors must not provide the State Treasury with information and
documents which are stored on VNEPS, including the electronic documents prescribed
in clause 4 Article 3 of this Circular.
Chapter II
PROVISION AND PUBLISHING OF INFORMATION ON CONTRACTOR
SELECTION
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1. Information on legal status of bidders
VNEPS shall extract information on the legal
status, financial statements and other information on enterprises, cooperatives
and household businesses stored on the National enterprise registration
information system, the National cooperative information system and the
National household business registration information system. If a bidder is not
yet registered on the National enterprise registration information system, the
National cooperative information system or the National household business
registration information system, it shall be required to provide the
abovementioned information when following procedures for registration as a
participant in VNEPS.
2. Information on capacity and experience of
bidders
a) Information on capacity and experience of
bidders shall comply with provisions of point c clause 1 Article 17 of the
Decree No. 24/2024/ND-CP. Information on all certificates possessed by the
bidder as prescribed by law must be declared on VNEPS.
b) Each bidder shall proactively update information
on its capacity and experience as prescribed in point a of this clause on VNEPS
and assume legal responsibility for the accuracy of its information declared on
VNEPS. When the bidder corrects information on VNEPS at its discretion, the information
before and after correction shall be stored on VNEPS. Information on the
bidder’s capacity and experience shall be authenticated using the bidder's
digital signature.
c) The bidder must attach documents proving the
authentication of its capacity and experience. Such attached documents shall be
stored and managed on VNEPS.
d) The bidder that intentionally provides
inaccurate information for gaining financial benefits or other benefits or
avoiding any obligations shall be considered to have committed a fraudulent
practice as prescribed in clause 4 Article 16 of the Law on Bidding.
dd) In case the bidder’s financial statement
figures on VNEPS have been extracted from the e-Tax system and the National
enterprise registration information system, the bidder shall not be required to
these figures. In respect of financial statement figures of 2021 onwards, if
the bidder finds that its figures are not yet extracted from the e-Tax system
and the National enterprise registration information system and updated on
VNEPS, it shall make appropriate updates according to its financial statements
submitted to tax authorities. All updates made by the bidder shall be stored on
VNEPS.
3. Employers shall provide information on bidders’
reputation for participation in bidding as prescribed in point d clause 1
Article 17 of the Decree No. 24/2024/ND-CP.
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5. Employers or units in need of goods in
centralized procurement shall provide information on performance of contracts
by successful bidders as prescribed in point dd clause 1 Article 17 of the
Decree No. 24/2024/ND-CP.
6. Employers or units in need of goods in
centralized procurement shall provide information on quality of goods used as
prescribed in clause 2 Article 17 of the Decree No. 24/2024/ND-CP.
7. Employers shall provide information on penalties
for administrative violations against regulations on bidding as prescribed in
point a clause 1 Article 8 of the Law on Bidding.
Article 12. Primary contents of contracts and
framework agreements
1. A contract shall, inter alia, include the
following primary contents: reference number, parties to the contract, contract
price, contract type, package execution duration prescribed in clause 7 Article
39 of the Law on Bidding, contract duration (which is counted from the
effective date of the contract to the day on which obligations are fulfilled by
the contractual parties under terms and conditions of the contract), effective
date of the contract, list of subcontractors (if any), scope of the contract,
and other information (if any).
2. The employer or unit in need of goods in
centralized procurement shall provide primary contents of the contract within
05 working days from the effective date of the contract as prescribed in clause
4 Article 8 of the Law on Bidding.
3. In case of centralized procurement, the unit in
charge of centralized procurement shall publish the following primary contents
of the signed framework agreement on VNEPS within 05 working days from the
effective date of the framework agreement, including: reference number of the framework
agreement, the unit in charge of centralized procurement, value of the
framework agreement, contract type, effective date and scope of the framework
agreement, and other information (if any).
Article 13. Information on projects, contractor
selection master plan and contractor selection plan
1. Time limit for publishing information:
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2. When publishing the contractor selection master
plan, the employee must attach the documents which are used as the basis for
formulating the contractor selection master plan as prescribed in clause 2
Article 14 of the Decree No. 24/2024/ND-CP.
Basic information on the project and the contractor
selection plan shall be published at the same time.
3. If the cost estimate of a package is approved
after the contractor selection plan is approved as prescribed in clause 2
Article 131 of the Decree No. 24/2024/ND-CP, the approved cost estimate must be
published on VNEPS at least 05 working days before the bid closing date.
4. Attachments:
The employer shall attach the decision on approval
of contractor selection master plan or contractor selection plan to the
contractor selection master plan or contractor selection plan published on
VNEPS.
Article 14. Invitation for EOI, invitation for
prequalification applications, E-TBMQT, E-TBMST
The procuring entity shall publish the invitation
for EOI, invitation for prequalification applications, E-TBMQT and E-TBMST on
VNEPS according to the contractor selection progress and the contractor
selection schedule indicated in the approved contractor selection plan.
Cancelation of the invitation for EOI, invitation for prequalification
applications, E-TBMQT, or E-TBMST shall only be made before the bid closing
time, unless no EOI response, prequalification application, E-HSQT or E-HSDST
is submitted.
Article 15. Issuance, modification and
clarification of EOI request, prequalification documents, E-HSMQT, E-HSMST
1. Issuance of EOI request, prequalification
documents, E-HSMQT, E-HSMST:
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The employer or procuring entity shall not be
allowed to issue physical copies of the EOI request or prequalification
documents to bidders. The physical copy issued by the employer or the procuring
entity to bidders shall not be considered as valid grounds for preparation and
evaluation of their EOI responses or prequalification applications.
2. Modification of EOI request, prequalification
documents, E-HSMQT, E-HSMST:
a) In case of offline contractor selection, if
modifications are made to the EOI request or prequalification documents after
they have been issued, the procuring entity shall publish the modification
decision and the addenda to the EOI request or prequalification documents, or
the modification decision and the modified EOI request or prequalification
documents which clearly indicate modifications on VNEPS.
b) In case of online contractor selection, if
modifications are made to E-HSMQT or E-HSMST after it has been issued, the
procuring entity shall publish the modification decision, the addenda to
E-HSMQT or E-HSMST, and modified E-HSMQT or E-HSMST on VNEPS.
3. Clarification of EOI request, prequalification
documents, E-HSMQT, E-HSMST:
a) A bidder requiring any clarification of the EOI
request, prequalification documents, E-HSMQT, or E-HSMST shall send its request
for clarification to the procuring entity via VNEPS at least 03 working days
before the bid closing date;
b) The procuring entity shall respond to the
bidder’s request for clarification of the EOI request, prequalification
documents, E-HSMQT, or E-HSMST on VNEPS at least 02 working days before the bid
closing date;
c) Any clarifications to the EOI request,
prequalification documents, E-HSMQT, or E-HSMST must not be contrary to the
contents of the approved EOI request, prequalification documents, E-HSMQT, or
E-HSMST. Should the clarification result in changes to the EOI request,
prequalification documents, E-HSMQT, or E-HSMST, the modification of the EOI
request, prequalification documents, E-HSMQT, or E-HSMST shall comply with
provisions of clause 2 of this Article.
Article 16. Shortlisting for packages applying
prequalification or invitation for EOI procedure
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2. In case of offline bidding:
a) The procuring entity shall publish the shortlist
on VNEPS within 05 working days from the day on which the shortlist is issued;
b) Attachments include the decision on approval of
the shortlist; report on evaluation of prequalification applications or EOI
responses (only a general evaluation report is published without attaching
scoring reports given by members of the expert team).
Article 17. Invitation for bid and E-TBMT
The procuring entity shall publish the invitation
for bid or E-TBMT on VNEPS according to the contractor selection progress and
the contractor selection schedule indicated in the approved contractor
selection plan. Modification or cancelation of the invitation for bid or E-TBMT
shall only be made before the bid closing time, unless no bid, E-HSDT or
scientific CV is submitted.
Article 18. Issuance, modification and
clarification of bidding documents, E-HSMT and terms of reference following
common procedure
1. Issuance of bidding documents, E-HSMT and terms
of reference:
Bidding documents, E-HSMT and terms of reference
shall be approved on VNEPS.
In case of offline contractor selection, the
bidding documents shall be issued on VNEPS immediately after the invitation for
bid is successfully published. For a package applying shortlisting procedure,
the invitation to bid accompanied with the bidding documents shall be sent via
VNEPS to shortlisted bidders.
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2. Modification of bidding documents, E-HSMT and
terms of reference:
a) In case of offline contractor selection, if
modifications are made to the bidding documents after they have been issued,
the procuring entity shall publish the modification decision and the addenda to
the bidding documents, or the modification decision and the modified bidding
documents which clearly indicate modifications on VNEPS.
b) In case of online contractor selection, if
modifications are made to E-HSMT or terms of reference after they have been
issued, the procuring entity shall publish the modification decision, the
addenda to E-HSMT or terms of reference, and modified E-HSMT or terms of
reference on VNEPS.
3. Clarification of bidding documents, E-HSMT and
terms of reference:
a) In case of offline contractor selection, a
bidder requiring any clarification of the bidding documents shall send its
request for clarification to the procuring entity via VNEPS at least 03 working
days (for domestic bidding) or 05 working days (for international bidding)
before the bid closing date for consideration.
In case of online contractor selection, a bidder
requiring any clarification of E-HSMT or terms of reference shall send its
request for clarification to the procuring entity via VNEPS at least 03 working
days before the bid submission deadline for consideration.
b) The procuring entity shall receive and respond
to the bidder’s request for clarification of bidding documents, E-HSMT or terms
of reference on VNEPS at least 02 working days before the bid closing date;
c) Any clarifications to the bidding documents,
E-HSMT or terms of reference must not be contrary to the contents of the
approved bidding documents, E-HSMT or terms of reference. Should the clarification
result in changes to bidding documents, E-HSMT or terms of reference, the
modification of the bidding documents, E-HSMT or terms of reference shall
comply with provisions of clause 2 of this Article;
d) Where necessary, the procuring entity may
convene a pre-bid meeting to clarify the contents of bidding documents or
E-HSMT as requested by bidders. The procuring entity shall publish the
invitation to the pre-bid meeting on VNEPS. The procuring entity shall record
all contents discussed with bidders in the meeting minutes which shall be
published on VNEPS within a maximum duration of 02 working days from the end of
the meeting.
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Cancellation, extension and modification of
published information shall be carried according to the Instructions for use.
Article 20. Contractor selection results
1. In case of online
bidding:
a) The employer shall consider approving and
publishing the contractor selection result on VNEPS;
b) E-HSDT evaluation report shall be published as
an attachment (only a general evaluation report is published without attaching
scoring reports given by members of the expert team).
2. In case of offline bidding:
a) The employer shall publish the contractor selection
result on VNEPS within 05 working days from the day on which the contractor
selection result is approved;
b) Attachments include decision on approval of the
contractor selection result, and bid evaluation report (only a general
evaluation report is published without attaching scoring reports given by
members of the expert team).
3. In case the package price in the approved
contractor selection plan is adjusted as prescribed in point b clause 8 Article
131 of the Decree No. 24/2024/ND-CP, the employer shall publish the decision on
adjustment of the package price on VNEPS before the deadline for re-quoting of
bid prices.
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a) List of goods;
b) Marks, number or code;
c) Brand;
d) Year of manufacture;
dd) Origin of goods (country or territory);
e) Manufacturer;
g) Configuration, basic technical specifications;
h) Unit;
i) Quantity;
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l) Successful bid unit price.
Article 21. Other information published on VNEPS
and procedures for publishing information on VNEPS
1. In addition to the information published on
VNEPS as prescribed in Articles 11 through 18 and Article 20 of this Circular,
the following information shall also be made and published on VNEPS, including:
a) The bid opening record, in case of offline
bidding, shall be published on VNEPS within 24 hours from the bid opening time;
b) The bid cancellation decision shall be published
on VNEPS within 05 working days from the day on which it is signed;
c) The petition settlement report of the employer
or competent person shall be published on VNEPS within 05 working days from the
day on which it is made;
d) The list of technically responsive bidders, in
case of offline bidding, shall be published on VNEPS within 05 working days
from the day on which it is approved;
dd) In case of two-stage bidding procedure, the
list of bidders whose bids are responsive to the first stage bidding documents
and the list of bidders meeting the second stage technical requirements shall
be published on VNEPS within 05 working days from the day on which the list is
approved;
e) The list of foreign bidders winning bids in
Vietnam shall be published on VNEPS within 15 working days from the effective date
of the contract signed with the successful foreign bidder.
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Article 22. Responsibilities of employers
Each employer shall:
1. Discharge the responsibilities prescribed in Article 78 of the Law on
Bidding.
2. Publish the information specified in points a,
g, h, i and k clause 1 Article 7 of the Law on Bidding. If a consultant is
employed to act as the procuring entity, the employer shall still assume
responsibility to publish such information.
3. Publish information on foreign bidders winning
bids in Vietnam on VNEPS using Appendix 8 enclosed herewith; procedures for
publishing information shall comply with the Instructions for use. This
piece of information shall also be sent to the Public Procurement Agency
affiliated to the Ministry of Planning and Investment of Vietnam within 07
working days from the day on which the contractor selection result is approved.
4. Assume legal responsibility for the accuracy and
truthfulness of the information provided or published on VNEPS using its
participant account.
5. Check and verify its publishing of information
on VNEPS.
6. Manage and assume responsibility for delegation
of rights to use task-specific accounts corresponding to its role; manage the
use of its digital certificate on VNEPS.
Article 23. Responsibilities of procuring
entities
Each procuring entity shall:
1. Discharge the responsibilities prescribed in Article 79 of the Law on
Bidding.
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3. Assume responsibility for the consistency
between the documents published on VNEPS and the ones approved. If there is any
discrepancy between the document published on VNEPS and the approved one, the
former shall prevail.
4. Monitor and update information published on
VNEPS and responses from VNEPS.
5. Manage and assume responsibility for delegation
of rights to use task-specific accounts corresponding to its role; manage the
use of its digital certificate on VNEPS.
Article 24. Responsibilities of Procurement
Center and e-GP project enterprise
1. The Procurement Center shall:
a) Manage and supervise operation of VNEPS, and
manage and supervise commercial operation and development of VNEPS by the e-GP
project enterprise under the BOT contract of the e-GP project, and the Circular
of the Minister of Planning and Investment of Vietnam prescribing management
and use of contractor and investor selection costs on VNEPS;
b) Develop the Instructions for use; assist
participants in following registration procedures, providing and publishing
information, and carrying out online contractor selection;
c) Disseminate information and provide training and
instructions for participants in VNEPS, and provide other services related to
information on online bidding or contractor selection;
d) Cooperate with the e-GP project enterprise in
discharging the responsibilities prescribed in Article 52 of the Law on
Bidding.
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a) Discharge the responsibilities prescribed in
Article 52 of the Law on Bidding;
b) Cooperate with the Procurement Center in
discharging the responsibilities prescribed in clause 1 of this Article.
Chapter III
REQUIRED CONTENTS OF BIDDING DOCUMENTS
Article 25. Preparation, submission, appraisal
and approval of E-HSMQT, E-HSMST, E- HSMT
1. The expert team shall prepare E-HSMQT, E-HSMST,
E-HSMT on VNEPS. The procuring entity shall submit E-HSMQT, E-HSMST or E-HSMT
prepared by the expert team to the employer for organizing appraisal and
approval.
2. E-HSMQT, E-HSMST or E-HSMT must include adequate
necessary information as the basis for the preparation of responsive E-HSQT,
E-HSDST or E-HSDT by bidders. If E-HSMQT, E-HSMST or E-HSMT published by the
procuring entity is incomplete (lack of design, drawings and other documents)
or contains misleading information, and thus causes difficulties to bidders in
preparing their bids, the published E-HSMQT, E-HSMST or E-HSMT shall be
considered invalid. The employer or procuring entity shall be required to
modify and re-publish complete E -HSMQT, E-HSMST or E-HSMT. Such modification
of E -HSMQT, E-HSMST or E-HSMT shall comply with provisions of Clause 2 Article
15 and Clause 2 Article 18 of this Circular.
3. In respect of a procurement, construction,
non-consulting service, EPC, EP, EC, PC, or medical device hiring package, the
bidding data sheet, validity evaluation criteria, and capacity and experience
requirements set out in E-HSMST or E-HSMT shall be digitalized as webforms on
VNEPS. The employer or procuring entity shall not be allowed to attach any
other files on the bidding data sheet, validity evaluation criteria, and
capacity and experience requirements to E-HSMST or E-HSMT. Any bidding data
sheet, validity evaluation criteria, and capacity and experience requirements
which are not digitalized as webforms shall not be treated as part of E-HSMST
or E-HSMT and may be disregarded by bidders.
4. In case of a package applying prequalification
or invitation for EOI procedure, of there are changes in the bidder’s capacity
and experience upon submission of its E-HSDT compared to those declared in its
prequalification application or EOI response, the bidder shall provide updated
information on its capacity and experience.
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6. If a consultant is employed to play the role of
the procuring entity or expert team in publishing information, preparing
E-HSMQT, E-HSMST, E-HSMT, and evaluating E-HSQT, E-HSDST, E-HSDT, the employed
consultant shall comply with the Instructions for use.
Article 26. Responsibilities of bidders during
participation in bidding
1. Each bidder shall assume responsibility for the
accuracy of the information provided in webforms and files attached to its
submitted bid. The bidder shall enter information as required by E-HSMQT,
E-HSMST or E-HSMT and attach files to create a complete package of E-HSQT,
E-HSDST or E-HSDT as follows:
a) Information on validity of E-HSQT, E-HSDST or
E-HSDT:
Regarding the bid security: the bidder shall
provide information and attach the scanned copy of the bid security. In case of
electronic bid security, the bidder shall choose either a letter of guarantee
given by a domestic credit institution or a foreign bank branch established
under the law of Vietnam or a certificate of surety bond insurance issued by a
domestic non-life company or a branch of a foreign non-life insurance company
established under the law of Vietnam, and retain it on VNEPS together with its
E-HSDT. In case of a consortium, all consortium members must furnish bid
securities in the same form (electronic or physical bid security);
Regarding other contents: the bidder shall only
provide information on webforms without attaching scanned copies of relevant
documents.
b) Information on bidder’s capacity and experience:
Regarding similar contracts and manufacturing
capacity: the bidder shall provide information and attach files of relevant
documents proving the accuracy of information provided;
Regarding financial resources requirement: the
bidder shall provide information. In case the bidder uses commitment on credit extension
to prove its financial capability, as permitted by the employer, in addition to
declaration of information, the bidder shall also attach the scanned copy of
the commitment to its E- HSDST or E-HSDT;
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Regarding other contents: the bidder shall provide
information on webforms without attaching scanned copies of relevant documents;
In respect of financial statement figures of 2021
onwards, if the bidder finds that its figures of 2021 onwards are not yet
extracted from the e-Tax system and updated on VNEPS, it shall make appropriate
updates according to its financial statements submitted to tax authorities. If
there are discrepancies between the figures updated by the bidder on VNEPS and
those on the e-Tax system resulting in false contractor selection result, the
bidder shall be considered to have committed a fraudulent practice as
prescribed in clause 4 Article 16 of the Law on Bidding.
2. The bidder shall examine all contents of
E-HSMQT, E-HSMST or E-HSMT for packages in which it is interesting to prepare
its E-HSQT, E-HSDST or E-HSDT in conformity with the requirements of the
E-HSMQT, E-HSMST or E-HSMT. If E-HSMQT, E-HSMST, or E-HSMT is found to have
confusing information which makes the bidder difficult to prepare its E-HSQT,
E-HSDST, or E-HSDT, the bidder shall send a request for clarification of
E-HSMQT, E-HSMST, or E-HSMT to the employer or procuring entity for considering
and making appropriate modifications.
3. The bidder shall access VNEPS to monitor and
receive updated information on the package in which it is interesting or for
which bid is submitted. Where any errors which occur as a result of the
bidder’s failure to monitor and receive the information updated on VNEPS cause
it suffering disadvantaged conditions during its participation in bidding,
including: modification of E-HSMQT, E-HSMST, or E-HSMT, change in the E-HSQT,
E-HSDST, or E-HSDT submission deadline, time limit for clarification of E-HSQT,
E- HSDST, or E-HSDT, contract negotiation schedule and other contents, the
bidder shall itself assume responsibility for such errors and suffer such
disadvantaged conditions during its participation in bidding.
4. In case the bidder’s legal representative
authorizes the director of a branch, financially dependent subsidiary or
factory of the bidder or the head of its another financially dependent unit to
perform tasks during participation in bidding, submission of bid on VNEPS must
be made using the bidder’s participant account instead of the participant
account of that branch, subsidiary, factory or unit. If a bid is submitted
using the participant account of its branch or (financially dependent)
affiliated unit, the bidder shall be considered to have failed eligibility
requirements as prescribed in clause 1 Article 5 of the Law on Bidding.
5. The bidder shall discharge other
responsibilities, including:
a) Follow procedures for registration as a
participant in VNEPS to ensure its eligibility as prescribed in point d clause
1 Article 5 of the Law on Bidding;
b) Discharge the responsibilities prescribed in
Article 82 of the Law on Bidding;
c) Manage its participant account and digital
certificate used on VNEPS.
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E-HSMT shall not impose any requirements regarding
samples. If samples of goods are required to serve technical evaluation, the
employer shall request the competent person to make consideration and decision.
Such a request must clearly state the reasons for required samples. The
investor or procuring entity must ensure that the request for supply of samples
will not cause an increase in the package costs and is not aimed at limiting
participation of bidders or giving advantage to one or some bidders, thereby
causing unfair competition. If samples of goods are required under E-HSMT, the
bidder may additionally provide required samples within 05 working days after
the bid closing date.
Article 28. Bid opening in case of online
contractor selection
1. In case of single-stage one-envelope bidding
procedure:
The procuring entity shall organize the bid opening
and publish the bid opening record on VNEPS within 02 hours from the bid
closing time.
2. In case of single-stage two-envelope bidding
procedure:
a) The procuring entity shall organize the E-HSDXKT
opening and publish the E-HSDXKT opening record on VNEPS within 02 hours from
the bid closing time;
b) After the decision on approval of the list of
technical responsive bidders is issued, the procuring entity shall publish the
list and the scanned copy of the said decision on VNEPS. After such publishing
procedure has been successfully completed, notification thereof will be sent by
VNEPS to bidders;
c) After publishing the list of technically
responsive bidders, the procuring entity shall organize the opening of
E-HSDXTCs of the listed bidders and publish the E-HSDXTC opening record on
VNEPS.
Article 29. E-HSDT evaluation
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a) Process 01 applies to all packages and includes:
evaluation of validity of E-HSDT; evaluation of capacity and experience;
technical evaluation; financial evaluation.
In respect of a centralized procurement package
where supply capacity-based contractor selection is carried out, bid security,
average annual revenue, similar contracts and manufacturing capacity shall be
evaluated when carrying out financial evaluation.
b) Process 02 applies to procurement,
non-consulting service and medical device hiring packages applying single-state
one-envelope procedure, and employs the “least-cost” method. Under this
process, no bidder or E-HSDT will be given incentives.
Based on the bid opening record, bidders shall be
automatically ranked by VNEPS in ascending order of their bid prices after
deduction of discounts (if any) (in this case, approval of the list of ranked
bidders shall not be required). Where there are 02 or more bidders ranked
first, evaluation shall be carried out following process 01 instead of process
02.
Evaluation of validity of E-HSDT of the
first-ranked bidder.
Evaluation of capacity and experience of the
first-ranked bidder.
Technical evaluation of the first-ranked bidder.
If the first-ranked bidder is found nonresponsive,
E-HSDT of the next-ranked bidder will be evaluated.
c) Regarding a package applying single-stage
one-envelope procedure, based on E-HSDTs submitted by bidders on VNEPS and the
E-HSDT evaluation method stated in E-HSMT, the expert team shall carry out
evaluation of E-HSDT following either of the processes prescribed in points a
and b of this clause. Process 02 shall be employed only when the conditions in
point b of this clause are satisfied.
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3. Upon completion of the E-HSDT evaluation, the
expert team leader shall attach the scanned copy of the E-HSDT evaluation
report (which bears signatures of all members of the expert team) on VNEPS. The
expert team leader shall assume responsibility for the consistency between the
physical copy of the E-HSDT evaluation report which bears signatures of all
members of the expert team and its scanned copy published on VNEPS.
Article 30. Submission, appraisal and approval
of contractor selection result
1. The procuring entity shall make a request for
approval of contractor selection result using the form in Appendix 5A enclosed
herewith, and submit it together with the E-HSDT evaluation report to the
employer.
2. The employer shall consider giving approval of
contractor selection result using the form in Appendix 5B enclosed herewith on
the basis of the request for approval of contractor selection result, E-HSDT
evaluation report and report on appraisal of contractor selection result.
Article 31. Electronic contracts
1. Electronic contracts are signed on VNEPS
according to provisions of point i clause 2 Article 50 of the Law on Bidding.
Application of electronic contracts to packages applying direct contracting,
direct procurement, price negotiation or contractor selection in special
circumstances, packages with community participation and selection of
individual consultant adopting simplified procedure is encouraged.
2. Electronic contract documents which include part
of the contract documents prescribed in Article 65 of the Law on Bidding, and
bear digital signatures of the parties to the contract, include:
a) Contract agreement;
b) Special conditions of contract which include
adequate and complete required information and any modifications and
clarifications made during the contractor selection, contract negotiation and
completion;
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d) Other documents (if any).
3. In case of competitive bidding, limited bidding,
shopping or direct quotation under common procedure, the electronic contract
documents may only include one or some of the documents specified in clause 2
of this Article.
4. The contract agreement is made using the form of
electronic contract provided in E-HSMT as prescribed in this Circular or other
relevant laws. Depending on the scale and nature of the package, the employer
is entitled to make appropriate modifications to the form of electronic
contract provided in E-HSMT. If the special conditions of contract contain
adequate and complete information as required and all modifications and
clarifications made during the contractor selection, contract negotiation and
completion (if any), the inclusion of these information and modifications in
the contract agreement is not required to avoid duplication.
Chapter IV
IMPLEMENTATION ORGANIZATION
Article 32. Transition
1. If the contractor selection plan for a package
has been approved (whether it is published on VNEPS or not) before January 01,
2024 but EOI request, prequalification documents, bidding documents, or request
for proposals is still not yet issued by the effective date of this Circular,
appropriate modifications must be made to the approved contractor selection
plan to make it conformable with provisions of the Law on Bidding, Decree No.
24/2024/ND-CP and this Circular.
2. Regarding a package for which online contractor
selection and preparation of E-HSMST, E-HSMQT, or E-HSMT according to
provisions of the Circular No. 06/2024/TT-BKHDT dated April 26, 2024 of the
Minister of Planning and Investment of Vietnam providing guidelines for
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”) has been approved:
a) If E-HSMST, E-HSMQT, or E-HSMT is published on
VNEPS within the period from April 26, 2024 to before the effective date of
this Circular, shortlisting, contractor selection, signing and management of
contract performance shall continue to be carried out in accordance with
provisions of Law on Bidding, Decree No. 24/2024/ND-CP and Circular No.
06/2024/TT-BKHDT;
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c) If E-HSMST, E-HSMQT, E-HSMT has been published
on VNEPS before December 01, 2024, approval of prequalification, invitation for
EOI or contractor selection result on VNEPS shall not be required.
d) From December 01, 2024, if E-HSMST, E-HSMQT,
E-HSMT is yet to be prepared or has been prepared and approved but not yet
published on VNEPS, approval of E-HSMST, E-HSMQT, E-HSMT, and approval of
prequalification, invitation for EOI or contractor selection result on VNEPS
shall be mandatory.
3. Regarding a package applying offline contractor
selection:
a) If prequalification documents, EOI request, or
bidding documents are published on VNEPS within the period from April 26, 2024
to before the effective date of this Circular, shortlisting, contractor
selection, signing and management of contract performance shall continue to be
carried out in accordance with provisions of the Law on Bidding, and Decree No.
24/2024/ND-CP;
b) From the effective date of this Circular, if
prequalification documents, EOI request, or bidding documents are yet to be
prepared or have been approved but not yet published on VNEPS, they must be
prepared or modified, re-appraised and re-approved in accordance with
provisions of the Law on Bidding, and Decree No. 24/2024/ND-CP.
4. If the contractor selection form is changed from
“offline” to “online”, the employer shall not be required to request the
competent person to approve modification to the contractor selection plan but
shall change the contractor selection form on VNEPS from “offline” to “online”.
Such change shall be made following procedures in the Instructions for use.
Article 33. Effect
1. This Circular comes into force from January 01,
2025, except the following provisions which shall come into force from December
01, 2024:
a) Clause 1 Article 16, clause 1 Article 18, clause
1 Article 20 of this Circular and other provisions on approval of E-HSMQT, E-
HSMST, E-HSMT, prequalification, invitation for EOI and contractor selection
results in case of online contractor selection on VNEPS;
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2. The Circular No. 06/2024/TT-BKHDT shall cease to
have effect from the effective date of this Circular.
3. Publishing of information that needs to be kept
confidential and cannot be published on VNEPS during the contractor selection
shall be subject to decision of competent persons.
4. In case of a package with peculiar nature where
the application of E-HSMST, E-HSMQT, or E-HSMT form enclosed herewith will
result in fewer than 03 bidders meeting average annual revenue and similar
contract requirements, the employer shall modify these requirements following
these rules:
a) Modifications to the average annual revenue and
similar contract requirements laid down in E-HSMST, E-HSMQT, or E-HSMT form
enclosed herewith must ensure reasonable division of the package into smaller
packages whose scale should not be too large to restrict competitiveness.
b) Modifications to E-HSMST, E-HSMQT, E-HSMT must
be clearly stated in the request for approval of E-HSMST, E-HSMQT, E-HSMT
submitted to the employer;
c) The employer must ensure in any case that such
modifications will not limit the participation by bidders and that the selected
bidder has appropriate capacity and experience for executing the package.
5. From the effective date of this Circular,
preparation of bidding documents for offline contractor selection shall be
subject to the following provisions:
a) Regarding procurement, construction, consulting
service or non-consulting service packages applying international bidding
method, employers shall make modifications to forms of bidding documents
enclosed with Circulars providing guidelines for implementation of the Decree
prescribing bidding for procurement under the Comprehensive and Progressive
Agreement for Trans-Pacific Partnership, the EU–Vietnam Free Trade Agreement,
and the Free Trade Agreement between Vietnam and the United
Kingdom of Great Britain and Northern
Ireland, provided that such modifications shall not be contrary to
provisions of the Law on Bidding and Decree No. 24/2024/ND-CP;
b) Regarding procurement, construction, consulting
service, non-consulting service or mixed packages applying domestic bidding
method, employers shall make modifications to the E-HSMT form enclosed
herewith, provided that such modifications shall not be contrary to provisions
of the Law on Bidding and Decree No. 24/2024/ND-CP, and be suitable for offline
contractor selection form.
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7. Any changes in webforms on VNEPS shall comply
with provisions of point dd clause 1 Article 135 of the Decree No.
24/2024/ND-CP.
8. 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./.
MINISTER
Nguyen Chi Dung