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MINISTRY OF FINANCE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 79/2025/TT-BTC
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Hanoi, August 01, 2025
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CIRCULAR
PROVIDING
GUIDELINES FOR PROVISION AND PUBLISHING OF INFORMATION ON BIDDING AND FORMS OF
BIDDING DOCUMENTS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on Bidding No. 22/2023/QH15, as amended
and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15;
Pursuant to the Government’s Decree No. 23/2025/ND-CP dated
February on digital signatures and trust services;
Pursuant to the Government’s Decree No. 168/2025/ND-CP
dated June 30, 2025 on business registration;
Pursuant to the Government’s Decree No. 214/2025/ND-CP
dated August 04, 2025 elaborating certain Articles and measures for
implementing the Law on Bidding on contractor selection;
Pursuant to the Government’s Decree No. 29/2025/ND-CP dated
February 24, 2025 defining the functions, tasks, powers and organizational
structure of the Ministry of Finance of Vietnam, as amended and supplemented by
Government’s Decree No. 166/2025/ND-CP dated June 30, 2025;
At the request of the Director 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 bidding and forms of bidding documents, including:
1. Document forms used in preparation and approval of
master plans for contractor selection and plans for contractor selection
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 or purchasing 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 or purchasing, 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. Interpretation of terms
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; 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; EOI
requester (in case of investor selection);
c) Competent authority (in case of investor selection);
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dd) Unit in charge of managing bidding activities;
e) 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 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.
13. Account lockout means a bidder account is
disabled from participating in bidding functions on VNEPS.
Article 4. Use of document forms and Appendixes
1. Document forms used in preparation and approval of
contractor selection master plan include:
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b) Form No. 01B, used for preparing report on approval of
the contractor selection master plan;
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, and approved.
2. Document forms used in preparation 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 approval of
the contractor selection plan;
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, 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, and approved without re-preparing,
submitting, 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-HSMST;
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 a medical device purchasing/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;
In case multiple health facilities wish to procure the same
technical service in medical sector, one of these health facilities or the unit
in charge of centralized procurement shall take charge of carrying out the
procurement of such technical service under a single package. If a health
facility takes charge of consolidating demands of other health facilities for
creating a medical device hiring/purchasing package, either of these methods
shall be employed: this health facility carries out contractor selection,
and directly signs contract with the selected contractor; or this health
facility carries out contractor selection and enters into a framework agreement
with one or some selected contractors which shall be then used as the basis for
other health facilities to sign contracts with such selected contractor(s).
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 for construction package under simplified procedure;
e) Form No. 12G, used for preparing the online invitation
to quote under simplified procedure in case of handling of situations as
prescribed in Article 140 of the Government’s Decree No. 214/2025/ND-CP
dated August 04, 2025.
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14. For valuation reports:
a) Form No. 14A, used for preparing report on evaluation of
E-HSDTs under process 01 prescribed in point a clause 1 Article 30 of this
Circular, for non-consulting service, procurement,
construction, EPC, EP, EC, PC or medical device hiring/purchasing package, or
common online quotation under single-stage one-envelope procedure;
b) Form No. 14B, used for preparing report on evaluation of
E-HSDTs under process 02 prescribed in point b clause 1 Article 30 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/purchasing 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;
c) Appendix 2. Form of request for approval of the
shortlist, for online bidding employing prequalification or invitation for EOI
procedure;
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dd) Appendix 4A. Form of document verification record
(for all packages);
e) Appendix 4B. Form of contract negotiation record
(for procurement, construction, non-consulting service, EPC, EP, EC and PC
packages)
g) Appendix 4C. Form of contract negotiation record
(for consulting service package);
h) Appendix 5A: Form of request for approval of
contractor selection result, for online bidding;
i) Appendix 6: Form of commitment;
k) Appendix 7: Form of information on legislative documents
on bidding;
l) Appendix 8: Notice of foreign investor winning a bid in
Vietnam;
m) Appendix 9: Notice of imposition of penalties for
violations against regulations 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
and approving the contractor selection master plan, the contractor selection
plan; submitting, appraising (if any), and approving 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, 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, the
preparation 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.
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17. For a package or project containing information
classified as state secrets as prescribed by law on protection of state
secrets, such information shall not be published as prescribed in this
Circular. Information classified as state secrets shall be managed in
accordance with regulations of law on protection of state secrets
18. The classification of EPC, EP, EC or PC package must
comply with laws on management of industry or sector (if any), and principles
stipulated in Article 37 of the Law on Bidding. The package classification must
not limit the participation of contractors stipulated in point l Clause 6
Article 16 of the Law on Bidding.
Article 5. Format of attached files
1. A file uploaded to VNEPS must meet the following
requirements:
a) It can be opened and read by common software programs
such as MS Office, OpenOffice; software programs for reading PDF files; common
design software programs such as AutoCad and Photoshop, and Windows photo
viewer. The text must be written in Unicode font;
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.
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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 5:00 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, the
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.
Article 7. Management of accounts and use of digital
certificates
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 register to use 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;
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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
hereof 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.
2. Sending and receiving times of an electronic document
shall be determined according to the times actually recorded on VNEPS. An
electronic document which has been successfully sent shall be stored on VNEPS.
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
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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
Article 11. Provision of
information for establishment of national databases of bidders and quality of
goods used
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 information system of enterprise
registration, cooperative registration, and household business
registration. If a bidder is not yet registered on the National
information system of enterprise registration, cooperative registration,
and household business registration, it shall provide the abovementioned
information when registering as a participant in VNEPS.
2. Information on capacity and experience of bidders:
a) Information on capacity and experience of bidders
according to point c clause 1 Article 19 of the Decree No. 214/2025/ND-CP.
Certificates possessed by the bidder as prescribed by law shall be
declared on VNEPS.
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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) If the bidder provides inaccurate information for
gaining financial benefits or other benefits or avoiding any obligations, it
shall be considered a fraudulent practice as prescribed in clause 4
Article 16 of the Law on Bidding.
dd) The bidder shall not provide financial statement
figures that have been extracted from the e-Tax system and the National
enterprise registration information system. If the financial
statement figures of 2021 onwards on VNEPS have not extracted from the
e-Tax system and the National enterprise registration information system, the
bidder 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 19 of Decree No. 214/2025/ND-CP.
4. Units in charge of centralized procurement shall
provide information on framework agreements on VNEPS as prescribed in clause 2
Article 92 of the Decree No. 214/2025/ND-CP.
5. Employers or units in need of goods in centralized
procurement shall provide contract performance information by successful
bidders according to point dd clause 1 Article 19 of the Decree
No. 214/2025/ND-CP.
6. Employers or units in need of goods in centralized
procurement shall provide information on quality of goods used in accordance
with clause 2 Article 19 of the Decree No. 214/2025/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
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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:
Information on the contractor selection master plan and the
contractor selection plan must be published by the employer on VNEPS as
prescribed in point a clause 1 and clause 4 Article 8 of the Law on Bidding and
clause 5 Article 16 of the Decree No. 214/2025/ND-CP.
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 16 of Decree No. 214/2025/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 140 of
Decree No. 214/2025/ND-CP, the approved cost estimate must be published on
VNEPS at least 05 days before the bid closing date or at least 03 days for
procurement packages of goods that have continuous price fluctuations on the
market.
4. Attachments:
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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 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:
The EOI request, prequalification documents, E-HSMQT or
E-HSMST shall be approved and issued free of charge on VNEPS immediately after
the invitation for prequalification applications, invitation for EOI, E-TBMQT
or E-TBMST is successfully published.
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.
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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. If the
clarification results 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
1. In case of online bidding, the employer shall consider
approving the prequalification or invitation for EOI results on VNEPS.
Attachments include: E-HSDST or E-HSQT evaluation report (only the general
evaluation report is published without attaching scoring reports given by
members of the expert team).
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
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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.
The procuring entity shall not be allowed to issue physical
copies of bidding documents to bidders. The physical copies issued by the
procuring entity to bidders shall not be considered as valid grounds for
preparation and evaluation of bids.
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 it has been issued, the
procuring entity shall publish the modification decision and the addenda to the
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:
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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. In the case where 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.
Article 19. Cancellation, extension
and modification of published information
Cancellation, extension and modification of published
information shall be carried according to the Instructions for use.
Article 20. Contractor selection
result
1. In case of online bidding:
a) The employer shall consider approving and publishing the
contractor selection result on VNEPS;
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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 140
of the Decree No. 214/2025/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.
4. In case of a procurement package, the following detailed
information on goods to be supplied by the successful bidder shall be
published:
a) List of goods;
b) Marks, number or code;
c) Brand;
d) Year of manufacture;
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e) Manufacturer;
g) Configuration, basic technical specifications;
h) Unit;
i) Quantity;
k) Chapter code, Heading code (i.e. 4 first digits of the
code) in the Harmonized Commodity Description and Coding System issued by
the World Customs Organization (WCO) (hereinafter referred to as HS code) (if
any);
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;
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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.
2. 2. Procedures for publishing the information prescribed
in Articles 11 through 18, Article 20, and clause 1 of this Article shall
comply with the Instructions for use.
Article 22. Responsibilities of
employers
An 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. For international bidding, the
information specified in points b, c, and d Clause 1 Article 7 of the Law on Bidding
shall be provided in both Vietnamese and English; the information specified in
points dd Clause 1 Article 7 of the Law on Bidding shall be provided in English
or in both Vietnamese and English.
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4. Check and verify its publishing of information on VNEPS
and the information provided by VNEPS.
5. 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 and Ministry
of Finance within 07 working days from the day on which the contractor
selection result is approved.
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
competent authorities in investor selection
A competent authority shall:
1. Publish information specified in points a, b, and e of
Clause 2, Article 7 of the Law on Bidding.
2. Assume legal responsibility for the accuracy of the
information provided or published on VNEPS and ensure consistency between the
published documents and the approved documents.
3. 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
procuring entities in investor selection
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1. Discharge the responsibilities prescribed in Clause 2
Article 79 of the Law on Bidding.
2. Publish the information specified in points a, g, h, i
and k clause 2 Article 7 of the Law on Bidding. In case of international
bidding, the information specified in Points b, c and d Clause 1 Article 7 of
this Law shall be provided in both Vietnamese and English.
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 document
published on VNEPS shall prevail.
4. Check and verify its publishing of information on VNEPS
and the information provided by the system.
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; 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 Finance 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;
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d) Cooperate with the e-GP project enterprise in
discharging the responsibilities prescribed in Article 52 of the Law on
Bidding.
2. The e-GP project enterprise shall:
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
CONTENTS OF BIDDING DOCUMENTS
Article 26. Preparation,
submission, appraisal (if any) 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 (if any) and
approval.
2. E-HSMQT, E-HSMST, E-HSMT must include adequate
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 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.
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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.
5. If E-HSMT has any contents that limit the participation
of bidder(s) or give advantage for one or some bidders resulting in unfair
competition or violation of the provisions of Clause 3 Article 44 of the Law on
Bidding, these contents shall not be considered as a basis for evaluating
E-HSDT as prescribe in Clause 1 Article 29 of the Decree No.
214/2025/ND-CP.
Article 27. 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 capacity and experience of bidders:
Regarding similar contracts and manufacturing capacity: the
bidder shall provide information and attach files of relevant documents proving
the accuracy of information provided;
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Regarding annual revenue and net asset value: from 2021
onwards, VNEPS shall automatically extract figures on financial statements of
the bidder from the National enterprise registration information system and the
e-Tax system, and add them to the bidder’s capacity profiles;
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;
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Article 28. Samples
E-HSMT shall not impose any requirements regarding samples.
If samples of goods are required to serve technical evaluation, the employer
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 29. 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
bidders on the list of technical responsive bidders and publish the E-HSDXTC
opening record on VNEPS.
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1. E-HSDT evaluation procedures:
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/purchasing 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 31. Submission, appraisal
(if any) and approval of contractor selection result
1. The expert team shall send a evaluation report in
accordance with Clause 5 Article 32 of the Decree No. 214/2025/ND-CP to the
investor. The employer shall organize the document review and contract
negotiation (if applicable) bass on the evaluation report of the expert team.
The appraisal team (the assigned unit) shall conduct the
appraisal of the contractor selection results based on the evaluation report of
the expert team, document review minutes, and contract negotiation minutes (if
any).
2. The employer shall make a request for approval of
contractor selection result using the form in Appendix 5A enclosed herewith, on
the basis of E-HSDT evaluation report, document review minutes, and contractor
selection appraisal report (if any).
Article 32. E-contracts
1. Contracts of packages applying competitive bidding,
limited bidding, shopping method, online quotation or online procurement
specified in Clause 2 Article 1 hereof, where contract payments are made
through the State Treasury, must be 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 ordering method, direct contracting, direct procurement, price negotiation,
contractor selection in special circumstances, packages with community
participation, individual consultant selection under simplified procedures and
packages where contract payments are not made through the State Treasury 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;
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c) Contract appendices, including the activity schedule,
price schedules, and execution schedule (if any);
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 may
make appropriate modifications to the form of electronic contract provided in
E-HSMT. If the E-DKCT contains 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 33. Amendments to certain
Articles of the Circular No. 05/2024/TT-BKHDT dated April 19, 2024 of the
Minister of Planning and Investment
1. Article 4 is amended as follows:
“Article 4. Fees
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Fee for contractor selection on VNEPS shall comply with
provisions of a Government’s Decree elaborating some Articles and providing
guidelines for implementation of the Law on Bidding in the form of
public-private partnerships
2. Fee for submitting bids on VNEPS shall comply with
provisions of point b Clause 9 Article 14 of the Decree No.
214/2025/ND-CP.
3. Fee paid by a winning bidder of a package applying
competitive bidding, limited bidding, shopping method or online quotation
method under common online bidding procedure shall comply with provisions of
point c Clause 9 Article 14 of the Decree No. 214/2025/ND-CP.
4. Fee for connecting electronic bid security function
between VNEPS and domestic credit institutions, foreign bank branches duly
established under the law of Vietnam, domestic non-life insurers, and branches
of foreign non-life insurers duly established under the law of Vietnam shall
comply with provisions of point d Clause 9 Article 14 of the Decree No.
214/2025/ND-CP.”
2. Clause 3 Article 7 is amended as follows:
“3. Formulation, approval and modification of annual plans
and statements of revenues and expenses:
a) The National E-Procurement Centre shall formulate the
plan on revenues and expenses associated with contractor/investor selection on
VNEPS using the form in Appendix I enclosed herewith and submit it to the
Management Board of the National E-Procurement Centre (hereinafter
referred to as “Management Board”) for approval or submit it to the Public
Procurement Agency for feedback before it is approved by the Director of the National
E-Procurement Centre (in cases where the National E-Procurement
Centre has not established the Management Board);
b) Where any tasks arise, the National E-Procurement
Centre shall modify revenues and expenses in Appendix I enclosed herewith,
and submit it to the Management Board for approval or submit it to the Public
Procurement Agency for feedback before it is approved by the Director of the
National E-Procurement Centre (in cases where the National E-Procurement
Centre has not established the Management Board);
c) The National E-Procurement Centre shall make annual
statement of revenues and expenses using the form in Appendix II enclosed
herewith and finalizing them in accordance with relevant laws.”
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“a) Provide opinions on the annual plan for revenues and
expenses of the National E-Procurement Centre (if the Management Board has not
established) as prescribed in point a clause 3 Article 7 of this Circular;”.
4. Point c1 is added after point c Clause 3 Article 8 as
follows:
“c1) Approve and modify the annual plan for revenues and
expenses of the National E-Procurement Centre (if the Management Board has not
established) as prescribed in point a clause 3 Article 7 of this Circular;”.
Article 34. Transition clauses
1. If the package has its EOI request, prequalification
application, bidding documents, E-HSMQT, E-HSMST, E-HSMT published before
July 01, 2025 but its submission deadline is after the effective date of this
Circular, the employer shall consider deciding to select one of the following
ways:
a) Continue to organize the shortlisting procedure,
contractor selection, sign and manage contract execution according to the
provisions of the Law on Bidding No. 22/2023/QH15 as amended and supplemented
by Law No. 57/2024/QH15, Decree No. 24/2024/ND-CP as amended and supplemented
by Decree No. 17/2025/ND-CP, and relevant documents elaborating and providing
guidelines.
b) Cancel the EOI request, prequalification application,
bidding documents, E-HSMQT, E-HSMST, E-HSMT, and modify the contractor
selection plan (if necessary), EOI request, prequalification application,
bidding documents, E-HSMQT, E-HSMST, E-HSMT to organize contractor selection in
accordance with the provisions of the Law on Bidding No. 22/2023/QH15 as
amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15, Decree
No. 214/2025/ND-CP, and this Circular, except for the cases in point d, Clause
1, Article 10 of Law No. 90/2025/QH15.
2. If the package has its EOI request, prequalification
application, bidding documents, E-HSMQT, E-HSMST, E-HSMT published before
July 01, 2025, and the bid is opened before August 04, 2025, then continue to
organize the shortlisting procedure, contractor selection, sign and manage
contract execution according to the provisions of the Law on Bidding No.
22/2023/QH15 as amended and supplemented by Law No. 57/2024/QH15, Decree No.
24/2024/ND-CP as amended and supplemented by Decree No. 17/2025/ND-CP, and
relevant documents elaborating and providing guidelines.
3. If the package has its EOI request, prequalification
application, bidding documents, E-HSMQT, E-HSMST, E-HSMT published from
July 01, 2025 to the effective date of this Circular, the shortlisting
procedure, contractor selection, signing and contract execution management
shall be carried out in accordance with Law on Bidding No. 22/2023/QH15, as
amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15
(hereinafter referred to as “the Law on amendments to the Law on Bidding 2025”,
Decree No. 24/2024/ND-CP (as amended and supplemented by Decree No.
17/2025/ND-CP), and relevant guiding documents.
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Article 35. Effect
1. This Circular comes into force from August 04, 2025,
except for the case of online bidding for construction packages under
simplified procedure, which shall be implemented on VNEPS from September 01,
2025.
2. The Circular No. 22/2024/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 decided by the employer.
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:
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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. 214/2025/ND-CP and be suitable for offline contractor
selection form.
6. The Ministry of Finance shall annually provide guidance
on provision and publishing of information on bidding activities on VNEPS
according to the official schedule of Lunar New Year and other public holidays
announced by the Ministry of Home Affairs.
7. Any changes in webforms on VNEPS shall comply with
provisions of point dd clause 1 Article 146 of the Decree No. 214/2025/ND-CP.
8. Difficulties that arise during the implementation of
this Circular should be reported to the Ministry of Finance for consideration
and guidance./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duc Tam
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