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THE MINISTRY OF
PLANNING AND INVESTMENT – THE MINISTRY OF FINANCE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
07/2015/TTLT-BKHDT-BTC
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Hanoi, September
8, 2015
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JOINT CIRCULAR
PROVIDING
SPECIFIC PROVISIONS ON ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND
ONLINE CONTRACTOR SELECTION
Pursuant to the Bidding Law No. 43/2013/QH13 of
the National Assembly dated November 26, 2013;
Pursuant to the Law on Public Investment No.
49/2014/QH13 of the National Assembly dated June 18, 2014;
Pursuant to the Law on Electronic Transaction
No. 51/2005/QH11 dated November 29, 2005;
Pursuant to the Government’s Decree No.
63/2014/ND-CP dated June 26, 2014 on providing specific provisions on
implementation of several articles of the Bidding Law on bidder selection
process;
Pursuant to the Government's Decree No.
26/2007/ND-CP dated February 15, 2007 on providing specific provisions on
implementation of the Law on Electronic Transaction in terms of digital
signatures and the authentication of digital signatures;
Pursuant to the Government's Decree No.
170/2013/ND-CP dated November 13, 2013 on amending and supplementing several
articles of the Government's Decree No. 26/2007/ND-CP dated February 15, 2007
on providing specific provisions on implementation of the Law on Electronic
Transaction in terms of digital signatures and the authentication of digital
signatures;
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Pursuant to the Government's Decree No.
116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers
and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 on defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance,
The Minister of Planning and Investment and the
Minister of Finance hereby issue the Joint Circular on providing specific
provisions on online supply and posting of procurement information and online
contractor selection.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Circular provides for online supply and
posting of procurement information on the electronic Government procurement
system and the Vietnam Public Procurement Review Journal, including bidding
information stipulated in Clause 1 Article 8 enshrined in the Bidding Law,
except for information about projects or bids listed as state secrets as
stipulated in Clause 4 Article 7 enshrined in the Government's Decree No.
63/2014/ND-CP dated June 26, 2014 on providing specific provisions on
implementation of several articles of the Bidding Law in terms of bidder
selection process (hereinafter referred to as Decree No. 63/2014/ND-CP).
2. This Circular provides for the online selection
of contractors for non-consultancy service, commodity and construction
procurements under the single-stage one-envelope open competitive, restricted
bidding and national shopping procedure in accordance with regulations laid
down in Article 28 of the Bidding Law.
Article 2. Applicable entities
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2. Organizations or individuals engaged in procurements
that fall outside of the scope of application stipulated in Article 1 hereof
shall be chosen as those eligible for online supply and posting of procurement
information on the electronic Government procurement system and the Vietnam
Public Procurement Review Journal, or for online contractor selection.
Article 3. Interpretation of
terms
In this Circular, terms used herein shall be
construed as follows:
1. Electronic Government procurement system refers
to the information technology system developed, administered and operated by
the Procurement Management Bureau, the Ministry of Planning and Investment at
the address http://muasamcong.mpi.gov.vn with the aim of consistently managing
procurement information and performing bidding activities online in accordance
with regulations laid down in Clause 26 Article 4 of the Bidding Law.
2. Organization operating the electronic
Government procurement system as stipulated in Article 85 of the Bidding
Law refers to the Procurement Management Bureau affiliated to the Ministry of
Planning and Investment. If another subsidiary unit of the Procurement
Management Bureau affiliated to the Ministry of Planning and Investment is
founded to function as the one charged with managing and operating the
electronic Government procurement system, this unit shall become the
organization operating the electronic Government procurement system
(hereinafter referred to as the operating unit).
3. Organization providing digital signature
authentication service used in the electronic Government procurement system
refers to the organization operating the electronic Government procurement
system or the organization providing public digital signature authentication
service compatible with the electronic Government procurement system.
4. Electronic document refers to documents
composed, sent, received and stored in an electronic form on the electronic
Government procurement system, including the plan for selection of contractors,
the plan for selection of investors; PPP project information, list of
land-using projects; notice of invitation to submit statement of interest,
notice of invitation for prequalification, notice of invitation for bid, notice
of invitation for offer; invitation for prequalification, invitation for bid,
invitation to submit statement of interest, requested dossier, request for
quotation; application for bidder prequalification, bid package, expression of
interest, proposal and quotation; record of bid opening, record of proposal or
quotation opening; report on evaluation of bid package, report on evaluation of
proposal, report on evaluation of quotations, appraisal report (applicable to
online selection of bidder); shortlist of bidders; result of contractor
selection, result of investor selection and other electronic documents
exchanged between bid solicitors and bidders during the process of online
supply and posting of procurement and contractor selection information.
5. Digital certificate used in the electronic
Government procurement system refers to digital certificates issued by the
organization providing digital signature authentication service under the
provisions of Clause 3 of this Article. Valid digital certificates are those
which have not expired, or have not been suspended, cancelled or revoked.
6. History of users’ transactions on the
electronic Government procurement system refers to the record of
information about transactional data sent and received by users through the
electronic Government procurement system.
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Article 4. Legitimacy of
electronic documents communicated on the electronic Government procurement
system
1. Electronic documents in accordance with Clause 4
Article 3 hereof which have been issued by project owners, bid solicitors,
bidders and investors in an electronic forms shall be considered original
documents with legal value used as the basis for checking, comparison and
authentication to assist the evaluation, supervision, assessment, inspection,
examination, auditing, settlement and disbursement process in conformity with
requirements for consistent management of information about procurement as
stipulated in Clause 26 Article 4 enshrined in the Law on Bidding.
2. Organizations or individuals, once carrying out
evaluation, supervision, assessment, inspection, examination, auditing and
settlement activities during the contractor selection process, shall not be
allowed to request paper documents to be provided if they are able to have
access to equivalent electronic documents on the electronic Government
procurement system, except when they need the authentication or certification
of original documents that project owners, bid solicitors, bidders and
investors are not able to issue in an electronic form (including guarantee
letters, similar-type contracts, audited financial statements or sales
licenses).
3. Electronic documents sent to the electronic
Government procurement system shall only be considered valid if they have been
successfully sent to the electronic Government procurement system that
immediately sends feedbacks to confirm its receipt. Electronic document sending
and receiving time shall be determined according to the time recorded on the
electronic Government procurement system and can not be adjusted by the
organization operating the electronic Government procurement system or any
organization or individual.
4. The electronic Government procurement system
must send a written notification to senders of electronic documents of delivery
status to confirm that delivery of documents to the electronic Government
procurement system is successful or failed.
5. Bid solicitors, bidders, investors and
organizations operating the electronic Government procurement system shall be
entitled to access their transaction history on the electronic Government
procurement system (inclusive of information about sending and receiving time,
sender, receiver and document delivery status as well as other information).
Information about the transaction history shall be used for resolving any
dispute that may arise from delivery and receipt of electronic documents
through the electronic Government procurement system.
Article 5. Information
technology infrastructure requirements
In order to be eligible for participation in the
electronic Government procurement system, bid solicitors, bidders and investors
must meet information technology requirements as follows:
1. Internet transmission line:
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b) Open ports, such as 8070, 8080, 8081, 8082,
4502, 4503, 9000.
2. System requirements:
a) Operating system: Windows;
b) Web browser: Internet Explorer.
Article 6. Registration for
participation in the electronic Government procurement system
1. Bid solicitors
a) Registration procedure:
Bid solicitors shall apply for registration for
participation in the electronic Government procurement system by taking the
following steps:
- Step 1: Click on the "Signup" on the
home page of the electronic Government procurement system for registration as
the bid solicitor and send registration application dossiers in person or by
post to the organization operating the electronic Government procurement
system;
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- Step 3: Receive the digital certificate;
- Step 4: Complete the registration of information
about digital certificate users.
b) Registration application dossier shall be
composed of the followings:
- Application form for bid solicitor registration
(created by the electronic Government procurement system during the information
signup process stated in the Step 1 Point a of this Clause);
- The copy of the establishment decision or
business registration certificate or corporate registration certificate of the
bid solicitor applying for registration;
- The copy of the ID card or passport of the legal
representative of the bid solicitor applying for registration;
c) Processing of registration application dossier:
Within a permitted duration of 02 working days of
receipt of registration application dossier, the organization operating the
electronic Government procurement system shall check and verify whether
electronic and paper registration application dossiers submitted by bid
solicitors to the electronic Government procurement system are accurate. If
submitted dossiers are legitimate, the bid solicitor shall be eligible for
participation in the electronic Government procurement system. If submitted
dossiers have been found invalid, the organization operating the electronic
Government procurement system shall be responsible for notifying the bid
solicitor of reasons for this on the electronic Government procurement system
and instructing the bid solicitor to supplement or modify their dossiers or
registration forms to make them become acceptable.
Specific steps in processing application dossiers
shall be provided in the section "User manual" on the electronic
Government procurement system and by the support division of the organization
operating the electronic Government procurement system.
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- Step 1: Log in to the electronic Government
procurement system;
- Step 2: Modify and supplement submitted
registration information;
- Step 3: Send the written request for modification
and supplementation of submitted information and other relevant documents
regarding such modification or supplementation to the organization operating
the electronic Government procurement system.
Within a permitted duration of 02 working days of
receipt of such written request and other relevant documents, the organization
operating the electronic Government procurement system shall check the accuracy
of information that needs modifying and supplementing as requested by the bid
solicitor and accept that request if information is found accurate. If any
information requested to be modified or supplemented is not appropriate, the
organization operating the electronic Government procurement system shall be responsible
for informing bid solicitors on the electronic Government procurement system
and instructing them to correct such information.
2. Bidders or investors
a) Registration procedure:
Bidders and investors shall carry out registration
for participation in the electronic Government procurement system by taking the
following steps:
- Step 1: Click on the "Signup" on the
home page of the electronic Government procurement system for registration as
bidders, and send registration application dossiers in person or by post to the
organization operating the electronic Government procurement system;
- Step 2: Pay the fee for participation in the
electronic Government procurement system in accordance with regulations laid
down in Point a Clause 1 Article 31 hereof;
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- Step 4: Receive the digital certificate;
- Step 5: Complete the registration of information
about the user of digital certificate.
b) Registration application dossier shall be
composed of the followings:
- Application form for bidder registration (created
by the electronic Government procurement system during the information signup
process stated in the Step 1 Point a of this Clause);
- The copy of the establishment decision or
business registration certificate or corporate registration certificate of
bidders or investors applying for registration;
- The copy of the ID card or passport of the legal
representative of bidders or investors applying for registration.
c) Processing of registration application dossier:
Within a permitted duration of 02 working days of
receipt of registration application dossiers, the organization operating the
electronic Government procurement system shall check and verify whether
electronic and paper registration application dossiers submitted by bidders or
investors to the electronic Government procurement system are accurate. If
submitted dossiers are legitimate, bidders or investors shall be eligible for
participation in the electronic Government procurement system. If submitted
dossiers have been found invalid, the organization operating the electronic
Government procurement system shall be responsible for notifying the bid
solicitor of reasons for this on the electronic Government procurement system
and instructing bidders or investors to supplement or modify their dossiers or
registration forms to make them become acceptable.
d) Modification and supplementation of registered
information:
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- Step 2: Modify and supplement submitted
registration information;
- Step 3: Send the written request for modification
and supplementation of submitted information and other relevant documents
regarding such modification or supplementation to the organization operating
the electronic Government procurement system.
Within a permitted duration of 02 working days of
receipt of such written request and other relevant documents, the organization
operating the electronic Government procurement system shall check the accuracy
of information that needs modifying and supplementing as requested by bidders
or investors, and accept that request if information is found accurate. If any
electronic or paper information requested to be modified or supplemented is not
appropriate, the organization operating the electronic Government procurement
system shall be responsible for informing bidders or investors on the
electronic Government procurement system and instructing them to correct such
information.
Specific steps in this modification or
supplementation shall be provided on the home page of the electronic Government
procurement system and by the support division of the organization operating
the electronic Government procurement system.
3. Printout of the confirmation of registration for
participation in the electronic Government procurement system
Bid solicitors, bidders and investors, after
completing their registration, can optionally print out the confirmation of
registration for participation directly from the electronic Government
procurement system.
Specific printing instructions shall be provided in
the section User manual displayed on the home page of the electronic Government
procurement system.
Article 7. Digital certificates
for participation in the electronic Government procurement system
1. Each bid solicitor, bidder or investor shall be
issued 01 digital certificate by the organization operating the electronic
Government procurement system for each registration for participation in the electronic
Government procurement system in accordance with regulations laid down in
Article 6 hereof.
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Article 8. Management of
digital certificates on the electronic Government procurement system
1. Contents of digital certificates shall include:
a) Name of the organization providing digital
signature authentication service;
b) Name of the organization or individual using
digital certificates;
c) Information about the validity period of a
digital certificate;
d) Other information for the purpose of
administration, use and information security and safety maintenance in
accordance with regulations set out by the organization providing the digital
signature authentication service.
2. The validity period of a digital certificate is
01 year from the date of grant of such digital certificate. Organizations or
individuals using digital certificates shall automatically extend the validity
period of digital certificates as prescribed in Clause 3 of this Article.
3. Extension of the validity period of digital
certificates
a) Extension of the validity period shall only be
applied to digital certificates which have not been annulled, or those which
have not expired and those which were issued in accordance with Clause 1,
Clause 2 Article 6 hereof;
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c) The validity period after each extension of a
digital certificate is 01 year from the date of extension.
4. Cancellation of a digital certificate
a) Cancellation of a digital certificate shall
occur under the following circumstances:
- It is discovered or suspected that digital
certificates have been lost, damaged, stolen or illegally duplicated;
- Persons authorized to manage digital certificates
to be admitted to the electronic Government procurement system are no longer
working for organizations or individuals issued digital certificates or have
been transferred to other job positions;
- Organizations or individuals have not used such
digital certificates any more.
b) Digital certificates shall be cancelled only if
they remain valid.
c) If organizations or individuals fall into
circumstances stipulated in Point a of this Clause, they shall be allowed to
make their own digital certificates annulled.
5. Change of digital certificate storage devices
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b) Organizations or individuals can duplicate
digital certificates and store them on hard disks, USBs, smart cards or other
information-bearing objects.
6. Change of digital certificate passwords
Organizations or individuals shall change digital
certificate passwords by taking steps specified in User manual posted on the
home page of the electronic Government procurement system.
7. Registration of more digital certificates
a) After considering use demands, organizations or
individuals shall be entitled to apply for additional digital certificates to
be admitted to the electronic Government procurement system;
b) Only organizations or individuals that have been
admitted to the electronic Government procurement system shall be entitled to
register more digital certificates.
Specific steps in implementing Clause 3, 4, 5, 6, 7
of this Article shall be provided in the User manual on the electronic
Government procurement system and by the support division of the electronic
Government procurement system.
Chapter II
SUPPLY AND POSTING OF
PROCUREMENT INFORMATION
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Article 9. Types of
information, allowed duration and responsibility for supply and posting of procurement
information on the electronic Government procurement system, the Vietnam Public
Procurement Review Journal
1. Types of information, allowed duration of supply
and posting of procurement information, and organizations or individuals
assuming responsibility for supply and posting of procurement information
No.
Information
type
Allowed
duration of supply and posting of procurement information
Organizations
or individuals assuming responsibility for supply and posting of procurement
information
I
Supply and posting of procurement information
on the electronic Government procurement system
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Posting information on their own is guaranteed to
be complete within 07 working days from the date of grant of the written
approval of the plan for contractor selection, the plan for investor
selection
Bid solicitors post on the electronic Government
procurement system on their own
2
Notice of invitation to submit statement of
interest (in case of contractor selection), notice of invitation for
prequalification (in case of contractor selection, investor selection)
In conformity with the progress of contractor
selection, investor selection
- Bid solicitors post on the electronic
Government procurement system on their own
- The Vietnam Public Procurement Review Journal
cites information from the electronic Government procurement system to be
circulated in 01 publication of the Vietnam Public Procurement Review Journal
within 02 working days from the date on which bid solicitors have posted on
the electronic Government procurement system on their own.
3
Notice of invitation for offer (in case of
contractor selection), notice of invitation for bid (in case of contractor
selection, investor selection)
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Notification of cancellation, extension,
modification and rectification of posted information
5
Bidder shortlisting (in case of contractor
selection, investor selection)
Posting information on their own is guaranteed to
be completed within 07 working days from the date of grant of the written
approval of the shortlist of bidders
6
Result of contractor selection, investor
selection
Posting information on their own is guaranteed to
be complete within 07 working days from the date of grant of the written
approval of the result of contractor selection, investor selection
7
Result of bid opening in case of online
procurements
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Bid solicitors complete the bid opening on the
electronic Government procurement system
8
Information about handling of violations against
bidding laws
- Member organizations send information about
handling of violations against bidding laws to the Ministry of Planning and
Investment within 02 working days from the date of grant of the Decision on
handling violations against bidding laws
- Posting information is guaranteed to be
complete within 03 working days from the date on which the Ministry of
Planning and Investment received the Decision on handling of violations
- Ministries, Ministry-level agencies, Government
agencies, other central bodies, provincial People’s Committees, and competent
persons, provide information for the Ministry of Planning and Investment for
the purpose of posting on the electronic Government procurement system;
- The Vietnam Public Procurement Review Journal
cites information from the electronic Government procurement system to be
circulated in 01 publication of the Vietnam Public Procurement Review Journal
within 02 working days from the date on which the Ministry of Planning and
Investment posted on the electronic Government procurement system.
9
Legislative documents about procurements
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- Posting of information takes place within 07
working days from the date on which the Ministry of Planning and Investment
obtained legislative documents on procurements.
Ministries, Ministry-level agencies, Government
agencies, other central bodies, and provincial People’s Committees, provide
information for the Ministry of Planning and Investment for the purpose of
posting on the electronic Government procurement system
10
List (information sheet) of land-using projects
Posting information on their own is guaranteed to
be completed within 07 working days from the date of grant of the written
approval of the list of land-using projects
The Department of Planning and Investment posts
on the electronic Government procurement system on their own
11
List (information sheet) of PPP projects
Posting information on their own is guaranteed to
be complete within 07 working days from the date of grant of the written
approval of the project proposal
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12
Database of bidders or investors
Bidders and investors apply for registration for
participation in the electronic Government procurement system by following
instructions provided in Article 6 hereof
13
Information about bidders, foreign investors
awarded contracts in Vietnam
Posting information is guaranteed to be complete
within 10 working days from the date on which the Ministry of Planning and
Investment received information documents
Bid solicitors provide information for the
Ministry of Planning and Investment to post on the electronic Government
procurement system
14
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Posting of information takes place within 10
working days from the date on which the Ministry of Planning and Investment
granted practicing certificates in bidding
The Ministry of Planning and Investment posts on
the electronic Government procurement system after granting practicing
certificates in bidding
15
Information about lecturers in procurement
Posting of information is ensured to be complete
within 10 working days from the date on which the Ministry of Planning and
Investment accredited lecturers in procurement.
The Ministry of Planning and Investment posts on
the electronic Government procurement system after accrediting lecturers in
procurement
16
Information about procurement training centers
Posting of information is ensured to be complete
within 03 working days from the date on which the Ministry of Planning and
Investment accredited procurement training centers.
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II
Supply and posting of procurement information
on the Vietnam Public Procurement Review Journal
1
Notice of invitation to submit statement of
interest, notice of invitation for prequalification
The Vietnam Public Procurement Review Journal
receives information within a minimum duration of 05 working days before the
proposed date of issuance of invitation to submit statement of interest,
invitation for prequalification
- Bid solicitors provide information for the
Vietnam Public Procurement Review Journal for publication purposes;
- The Vietnam Public Procurement Review Journal
posts such information by 01 publication of the Journal within 02 working
days from the date on which the Journal received such information;
- The Vietnam Public Procurement Review Journal
posts on the electronic Government procurement system within 02 working days
from the date on which the Vietnam Public Procurement Review Journal received
such information.
2
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The Vietnam Public Procurement Review Journal
receives information within a minimum duration of 05 working days before the
proposed date of release of invitation for bid, requested dossiers.
3
Shortlisting
The Vietnam Public Procurement Review Journal
receives information within 07 working days from the date of grant of the
written approval of the shortlist
4
Result of contractor selection, investor
selection
The Vietnam Public Procurement Review Journal
Posting receives within 07 working days from the date of grant of the written
approval of the result of contractor selection, investor selection
5
Notification of cancellation, extension,
modification and rectification of posted information
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6
Information about handling of violations against
bidding laws
The Vietnam Public Procurement Review Journal
receives information within 07 working days from the date of grant of the
Decision on handling violations against bidding laws
- Ministries, Ministry-level agencies, Government
agencies, other central bodies, provincial People’s Committees, competent
persons, and project owners, provide information for the Vietnam Public
Procurement Review Journal for publication purposes;
- The Vietnam Public Procurement Review Journal
is responsible for posting on the electronic Government procurement system
within 02 working days from the date on which the Vietnam Public Procurement
Review Journal received information about handling of violations against
bidding laws.
2. As for international bidding for procurements or
projects, notice of invitation to submit statement of interest, notice of
invitation for prequalification, notice of invitation for bid, notice of
invitation for offer, shortlist of bidders, result of contractor selection,
investor selection, and notice of cancellation, extension, modification and
rectification of posted information (if any), must be released on the
electronic Government procurement system, and the Vietnam Public Procurement
Review Journal, in both Vietnamese and English.
In addition to assuming responsibility for
supplying information as stipulated in this Clause, bid solicitors also take on
responsibility for posting notice of invitation for international
prequalification (in case of investor selection) on English websites or
newspapers nationwide published in Vietnam.
3. In case bid solicitors post on the electronic
Government procurement system on their own, they shall not be required to
provide information for the Vietnam Public Procurement Review Journal. In case
bid solicitors have provided information for the Vietnam Public Procurement
Review Journal, they shall not need to post on the electronic Government
procurement system on their own.
4. Bid solicitors who have already signed up into
the electronic Government procurement system shall be required to post their
information on the electronic Government procurement system in accordance with
regulations laid down in Clause 1 Article 11 hereof. The Vietnam Public
Procurement Review Journal shall not be responsible for posting information
provided in a paper form by bid solicitors already registered for participation
in the electronic Government procurement system.
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1. Invalid information supplied or posted on the
electronic Government procurement system is the information posted by bid
solicitors on their own on the electronic Government procurement system without
compliance with legal regulations on bidding.
2. Information supplied or posted on the Vietnam
Public Procurement Review Journal shall be considered invalid when one or
several requirement(s) has/have been met:
a) Information registration form is not conforming
to information registration templates stipulated in Appendix II enclosed
herein.
b) Contents provided in information registration
forms fail to meet legal regulations on bidding.
c) Information provided by organizations or
individuals who do not have authority to provide bidding information in
accordance with regulations laid down in Clause 1 Article 7 of the Decree No.
63/2014/ND-CP and in Clause 1 Article 4 of the Decree No. 30/2015/ND-CP on
providing specific provisions on implementation of several articles of the Law
on Bidding in terms of the contractor selection.
Section 2. PROCESS FOR SUPPLY
AND POSTING OF PROCUREMENT INFORMATION
Article 11. Process for users'
posting their own information on the electronic Government procurement system
1. Information about the plan for contractor
selection, or the plan for investor selection:
a) Step 1: Bid solicitors click on “Login” button
displayed on the homepage and enter their digital certificate password to log
into the electronic Government procurement system;
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c) Step 3: Post the plan for contractor selection,
the plan for investor selection.
2. Information about notice of invitation to submit
statement of interest, notice of invitation for prequalification:
a) Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
b) Step 2: Select “Consultancy” to enter and save
information about notice of invitation to submit statement of interest, then
“Commodity”, “Construction works”, “Non-consultancy” or “Combined type”
equivalent to the bidding sector, or “Select investors” to enter and save
information about notice of invitation for prequalification;
c) Step 3: Post notice of invitation to submit
statement of interest, notice of invitation for prequalification.
In order to increase the competitiveness of a bid,
bid solicitors can upload attached file of invitation to submit statement of
interest, invitation for prequalification in addition to notice of invitation
to submit statement of interest, notice of invitation for prequalification so
that, after 03 working days from the date on which bid solicitors successfully
post legitimate notice of invitation to submit statement of interest,
legitimate notice of invitation for prequalification on the electronic Government
procurement system, bidders will be able to download such attached files from
the system.
3. Information about notice of invitation for
offer, notice of invitation for bid:
a) Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
b) Step 2: Select “Commodity” or “Construction
works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to
the bidding sector, or “Select investors” to enter and save information about
notice of invitation for offer, notice of invitation for bid;
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With regard to the bids to which the online
contractor selection is applied, bid solicitors must upload attached file of
requested dossier, request for quotation, invitation for bid together with
notice of invitation for offer, notice of invitation for bid in order for
bidders to download such files for free from the electronic Government
procurement system as from the date on which bid solicitors successfully posted
legitimate notice of invitation for offer, legitimate notice of invitation for
bid on the system.
With regard to the bids to which the online
contractor selection is not applied, in order to increase the competitiveness
for the bids, bid solicitors can upload attached file of requested dossier,
request for quotation, invitation for bid together with notice of invitation
for offer, notice of invitation for bid so that, after 03 working days from the
date on which bid solicitors successfully posted legitimate notice of invitation
for offer, legitimate notice of invitation for bid on the electronic Government
procurement system, bidders will be able to download these attached files for
free from the system. In this situation, contractors agreeing to participate in
bids shall pay bid solicitors a sum equal to the selling price of requested
dossier, invitation for bid before the bid package is accepted.
4. Information about notification of cancellation,
extension, modification and rectification of posted information
a) Notification of cancellation:
- Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
- Step 2: Select the bid to be cancelled, and
adjust the notification status to "cancelled” and save information;
- Step 3: Post notification of cancellation.
b) Notification of information change:
- Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
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- Step 3: Post notification of change.
c) Notification of extension, notification of
information rectification:
- Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
- Step 2: Select the bid that needs extension or
information rectification to enter extension/ rectification, and save
information;
- Step 3: Post notification of extension,
notification of information rectification.
5. Information about the shortlist:
a) Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
b) Step 2: Select “Commodity” or “Construction
works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to
the bidding sector, or “Select investors” to enter name of short listed bidders
or investors;
c) Step 3: Post the shortlist.
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a) Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
b) Step 2: Select “Commodity” or “Construction
works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to
the bidding sector, or “Select investors” to enter result of contractor
selection, investor selection;
c) Step 3: Post the result of contractor selection,
the result of investor selection.
7. Information about result of bid opening in case
of online contractor selection.
Online bid opening is carried out in compliance
with regulations laid down in Article 21 and Article 27 hereof.
8. As for information about handling of violations
against bidding laws, legislative documents on bidding, information about
foreign contractors, investors awarded contracts in Vietnam, the Ministry of
Planning and Investment shall be responsible for posting information provided
by responsible organizations or individuals on the electronic Government
procurement system according to information registration forms given in
Appendix I enclosed herein.
9. As for information about individuals issued
practicing certificates in bidding, lecturers in procurement, procurement
training centers, the Ministry of Planning and Investment shall be responsible
for posting abovementioned information in accordance with regulations laid down
in Point 14, 15 and 16 Clause 1 Article 9 hereof.
10. Information about the bids that belong to list
of projects financed by ODA funds:
a) Step 1: Repeat instructions given in Step 1
Clause 1 of this Article;
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c) Step 3: Post information that have just entered.
Specific steps in implementing Clause 1, 2, 3, 4,
5, 6, 7, 8, 9 and 10 shall be provided in the “User manual” on the electronic
Government procurement system and by the support division of the electronic
Government procurement system.
Article 12. Process for
supplying and posting procurement information on the Vietnam Public Procurement
Review Journal
If the bid solicitor is not eligible for posting
bidding information on their own on the electronic Government procurement
system as prescribed in Article 11 hereof, or the electronic Government
procurement system temporarily stops providing its service, the process for
supplying and posting procurement information on the Vietnam Public Procurement
Review Journal shall include the following steps:
- Step 1: The bid solicitor enters all required
information in equivalent information registration forms given in Appendix II
enclosed herein. With regard to the bids that belong to the list of projects
financed by ODA funds, they can use information registration forms by adopting
templates stipulated by donors; if donors do not set out any regulations, the
bid solicitor will use information registration forms given in Appendix II
enclosed herein.
- Step 2: The bid solicitor send legitimate
information registration form to the Vietnam Public Procurement Review Journal
in one of the following ways: submit the form to the Vietnam Public Procurement
Review Journal in person; send the form by post or via Internet.
- Step 3: The bid solicitor pay the fee for bid
information posting under the provisions of Article 30 and Article 32 hereof.
Chapter III
ONLINE CONTRACTOR
SELECTION
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Article 13. Bid bond during
the online contractor selection process
1. Online bidders must implement measures to
guarantee their participation in bids as stipulated in Article 11 of the Law on
Bidding, Article 88 of the Decree No. 63/2014/ND-CP and in conformity with
approved contents of invitation for bid, requested dossier, including the
following forms: cheque deposit (in case of deposit), letter of guarantee
issued by credit institutions or foreign bank branches established under
Vietnamese laws, or online bid bonds offered by banks which have Internet
connection to the electronic Government procurement system. The value of a bid
bond must range from 1% to 1.5% of the bid price.
2. As for a bid bond established in the form of a
letter of guarantee issued by a bank which has already had Internet connection
to the electronic Government procurement system, the bidder shall offer online
bid bonds. If a bid bond established in the form of a letter of guarantee is
issued by a bank which has yet to connect to the electronic Government
procurement system, the bidders shall scan the letter of bank guarantee and
attach the scanned file when submitting their bid package online.
3. After considering practical conditions, the
organization operating the electronic Government procurement system shall
release the list of banks having Internet connection to the electronic
Government procurement system.
Article 14. Regulations on
format and size of attached files on the electronic Government procurement
system
1. Attached files on the electronic Government
procurement system shall be considered legitimate if they meet the following
requirements:
a) Format of attached files: MS Word, MS Excel,
PDF, CAD, image file formats, compressed files; using Unicode fonts. If it is
necessary for using other specialized file formats, senders shall be
responsible for providing assistance for receivers to open and read such files;
b) Format and size of attached files uploaded on
the electronic Government procurement system by bid solicitors and bidders must
conform to regulations laid down by the organization operating the electronic
Government procurement system in Clause 2 of this Article.
2. The organization operating the electronic
Government procurement system shall disseminate regulations on format and size
of attached files on the electronic Government procurement system based on
actual technical conditions of the electronic Government procurement system.
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Article 15. Errors in attached
files uploaded on the electronic Government procurement system
If bidders’ attached files enclosed in the bid
package, proposal and quotation is impossible to be opened or read, the bid
solicitor must inform bidders and the organization operating the electronic
Government procurement system and take the following measures to deal with such
errors:
1. If attached files are not possible to be opened
or read by lack of proper fonts or software, the bid solicitor must notify
bidders by telephone, facsimile, electronic mails or paper documents, and
request bidders to provide proper fonts or software to open and read these
files within a maximum duration of 01 working days from the date of bidders'
receipt of that notification. By the abovementioned deadline, if bidders fail
to do so, the bid solicitor shall make a record on confirmation of these file
errors. In this situation, if erroneous files constitute fundamental components
of the bid package, proposal and quotation, bidders shall be disqualified; if
erroneous files are not fundamental constituents of the bid package, proposal
and quotation, the bid solicitor can request bidders to additionally provide
equivalent files to open and read sent files within 01 working day from the
date on which bidders received such request.
2. If bidders have already sent proper fonts or
software to open and read files but the bid solicitor is still unable to open
and read these files, the organization operating the electronic Government
procurement system shall be responsible for checking the system and notifying
related parties within 03 working days of receipt of that notification from
bidders.
3. If attached files are not possible to be opened
or read without reasons stated in Clause 1 or 2 of this Article, but they are
fundamental constituents of the bid package, proposal or quotation, bidders
shall be disqualified; if attached files are not fundamental constituents of
the bid package, proposal and quotation, the bid solicitor can request bidders
to additionally provide equivalent files to open and read attached files within
01 working day from the date on which bidders received such request.
Article 16. Technical
solutions to the out-of-control failure of the electronic Government
procurement system
If the electronic Government procurement system is
faced with out-of-control failure or problems which may lead to temporary
suspension of service, the organization operating the electronic Government
procurement system shall extend the bid closing and opening deadline as
follows:
1. Bids of which the opening and closing deadline
is extended are those awarded by employing the online bidding procedure and
having the bid closing and opening time that falls within the duration when the
electronic Government procurement system was faced with out-of-control failure
or problems.
2. Extension of the bid closing or opening
deadline:
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b) If the bid closing or opening time which is
newly set exceeds working hours, the bid closing or opening deadline shall be
extended to 09:00 am on the next working day.
b) If the bid is closed or opened at the time of
less than 03 hours after the time at which the electronic Government
procurement system resumes its service, the bid closing or opening deadline
shall be extended to another 03-hour duration.
3. a) If the bid closing deadline needs to be
extended on the grounds that the electronic Government procurement system is
temporarily out of service, bidders will not be required to extend the validity
period of their bid package, proposal, quotation and bid bond in the event that
such validity period has conformed to requirements set out in the bid package,
requested dossier and quotation sheet which have been already issued.
Section 2. ONLINE SINGLE-STAGE
ONE-ENVELOPE OPEN COMPETIVE, RESTRICTED BIDDING PROCEDURE
Article 17. ONLINE CONTRACTOR
PRESELECTION
This shall conform to Article 12, Article 13 of the
Decree No. 63/2014/ND-CP.
Article 18. Notice of
invitation for bid and release of invitation for bid
1. The bid solicitor shall comply with regulations
laid down in Clause 3 Article 11 hereof.
a) As for commodity procurements, the bid solicitor
should input the list of commodities that need to be shopped;
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2. An invitation for bid contains attached files
sent along with notice of invitation for bid. If there is any discrepancy
between contents of attached files and those of invitation for bid, the first
shall prevail.
As for the restricted bidding, the bid solicitor
shall carry out the bidder shortlisting in accordance with regulations laid
down in Clause 3 of this Article.
3. Input of the shortlist for the restricted
bidding:
a) Based on the approved short list, the bid
solicitor shall look up name of bidders in the database of bidders stored on
the electronic Government procurement system in order to enter the list of
bidders participating in the restricted bidding process. If bidders have yet to
be present in the database, the bid solicitor must request bidders to sign up
for participation into the electronic Government procurement system in
accordance with regulations laid down in Article 6 hereof;
b) After entering and saving all names of bidders
in the short list, the bid solicitor shall post that short list on the
electronic Government procurement system.
4. Invitation for bid shall be released for free on
the electronic Government procurement system from the time at which the bid
solicitor has completed their posting of the notice of invitation for bid on
the electronic Government procurement system.
a) As for the open bidding, any individual or
organization expressing their interest can download the invitation for bid from
the electronic Government procurement system;
b) As for the restricted bidding, only bidders that
belong to the short list can download the invitation for bid from the
electronic Government procurement system.
5. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
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1. If it is necessary to modify the invitation for
bid, the bid solicitor shall comply with regulations laid down in Point b
Clause 4 Article 11 hereof in order to make change to the notice of invitation
for bid. Files of new invitation for bid must be attached to modified notice of
invitation for bid. In this situation, bidders who submitted the bid package
according to the old notice of invitation for bid shall be required to resubmit
their bid package according to the new notice of invitation for bid in
compliance with regulations laid down in Clause 3 Article 20 hereof.
2. Clarification of invitation for bid shall
conform to regulations laid down in Point c Clause 2 Article 14 enshrined in
the Decree No. 63/2014/ND-CP. The document on clarification of invitation for
bid is the attached file sent along with the notice of invitation for bid
previously posted on the electronic Government procurement system.
3. Bidders who intend to participate in
procurements should regularly update information about modification and
clarification of invitation for bid in order to ensure that their bid package
meets requirements set out in the invitation for bid.
4. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 20. Submission of bid
package
1. Bidders shall only be allowed to submit one bid
package in response to one notice of invitation for bid during their
participation in online bidding process. In case of submission of bid package
in the form of a partnership, the party acting as the head of such partnership
(or representative of the partnership) shall be entitled to submit the bid
package. As for the restricted bidding, only bidders that belong to the short
list shall be allowed to submit their bid package.
2. Process for submitting bid package
a) Bidders select the notice of invitation for the
bid that they wish to participate in and enter their digital certificate
password to log into the electronic Government procurement system;
b) Bidders enter their information and attach files
of bid package on the electronic Government procurement system, including:
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- Partnership agreement (sent in the form of an
attached file (if any));
- Bid bond in conformity with Article 13 hereof;
- Other bid package files.
The letter of discount shall not be applied to the
online contractor selection. Attached files must conform to regulations laid
down in Article 14 hereof.
c) With respect to contents relating to the
eligibility, competence and past performance of bidders, commodity or service
advertising catalogues, bidders shall provide these contents by using
equivalent forms stipulated in Circulars of the Ministry of Planning and
Investment on providing specific provisions on creation of the invitation for
bid for construction and commodity procurement and online bidding process
without having to attach relevant scanned documents or materials;
d) The electronic Government procurement system
must respond to bidders that their submission is successful or failed, and
concurrently record the following information about bidders’ submission of bid
package, such as information about the sender, receiver, sending time, sending
status, the number of attached files uploaded on the electronic Government procurement,
as the basis for resolving any dispute.
3. Resubmission of bid package
If bidders have already submitted their bid package
before the bid solicitor’s making changes to such bid package as prescribed in
Clause 1 Article 19 hereof, these bidders must resubmit their bid package
according to the process stated in Clause 2 of this Article.
4. Withdrawal of bid package
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5. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 21. Bid opening
1. The bid package submitted by the bid closing
deadline shall be eligible for the bid opening carried out by the bid solicitor
and shall be disseminated on the electronic Government procurement system,
specifically as follows:
a) The bid solicitor logs in to the electronic
Government procurement system;
b) The bid solicitor selects the bid envelope that
need opening according to the numerical code of the notice of invitation for
bid;
c) The bid solicitor uses the bid secret key to
decode the bid form and attached files contained in the bid package, except for
files contained in the bid package of bidders who send the written request to
the bid solicitor for withdrawal of their bid package prior to the bid closing
time.
2. Record of bid opening
Upon completion of the bid opening, the electronic
Government procurement system shall release the record of bid opening,
including the following main contents:
a) Bid information:
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- Bid name;
- Name of the bid solicitor;
- Contractor selection form;
- Contract type;
- Time of completion of bid opening;
- Total number of bidders.
b) Bidder information:
- Enterprise code or business registration code of
bidders;
- Bidder’s name;
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- Expiry date of the bid package;
- Bid bond value;
- Expiry date of the bid bond;
- Time of contract execution.
3. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 22. Evaluation of bid
package, negotiation, appraisal, approval of contractor selection result,
contract perfection and conclusion
1. Notice of invitation for bid; bid package,
enclosing documents on modification and clarification of bid package; short
list (in case of the restricted bidding); bid package, enclosing the bid form,
record of bid opening in the electronic form, shall serve as the legal basis
for evaluation of bid package.
a) If there is any discrepancy between information
contained in the record of bid opening and information contained in files
attached to the bid package, the first shall prevail, except for the
circumstance stipulated in Point b of this Clause;
b) If there is any discrepancy between information
about the bid bond contained in the record of bid opening and information
contained in attached files which are scanned files of the letter of guarantee,
the latter shall prevail.
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3. After the contractor selection result is
approved according to Clause 6 Article 20 of the Decree No. 63/2014/ND-CP, the
bid solicitor must release information about such contractor selection result
on the electronic Government procurement system, including the following main
contents:
a) Bid information:
- Numerical code of the notice of invitation for
bid;
- Bid name;
- Name of the bid solicitor;
- Contractor selection form;
- Time of completion of release of contractor
selection result;
b) Winning contractor's information:
- Enterprise code or business registration code of
bidders;
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- Bid price;
- Technical score (if any);
- Evaluated bid price (if any);
- Bid awarding price;
- Reasons for selection of the contractor;
c) As for each type of commodity, equipment in the
commodity procurement, the bid solicitor must disseminate the followings:
- Name of the commodity;
- Capacity;
- Technical functions, parameters;
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- Price (or bid-winning unit price);
4. Contract perfection and conclusion shall be
carried out on the basis of compliance with regulations enshrined in the
Bidding Law and the Decree No. 63/2014/ND-CP.
5. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Section 3. ONLINE SHOPPING
PROCEDURE
Article 23. Contractor
pre-selection
This shall conform to Clause 1 Article 58, Point a
Clause 1 Article 59 of the Decree No. 63/2014/ND-CP.
Article 24. Notice of
invitation for offer and release of requested dossier, request for quotation
1. Bid solicitors shall comply with regulations
laid down in Clause 3 Article 11 hereof.
a) As for commodity procurements, bid solicitors
should input the list of commodities that need to be shopped;
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2. Requested dossier and request for quotation
contains attached files sent along with notice of invitation for offer. In case
there is any discrepancy between contents contained in attached files and those
contained in the notice of invitation for offer, the first shall prevail.
3. Requested dossier and request for quotation
shall be released for free on the electronic Government procurement system. Any
interested organization or individual can download them from the electronic
Government procurement system immediately after bid solicitors completed
release of the notice of invitation for offer.
4. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 25. Modification and
clarification of requested dossier
Modification and clarification of requested dossier
shall conform to Article 19 hereof.
Article 26. Submission of
proposals and quotations
1. Bidders shall only be allowed to submit one
proposal, quotation in response to one notice of invitation for offer during
their participation in online contractor selection. In case of submission of
these documents in the form of a partnership, the party acting as the head of
such partnership (or representative of the partnership) shall be entitled to
submit the proposal, quotation.
2. Procedure for submission of proposals and
quotations
a) Bidders select the notice of invitation for
offer of procurements that they wish to participate in and enter their digital
certificate password to log into the electronic Government procurement system;
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- The bid form by using the form posted on the
electronic Government procurement system;
- Partnership agreement (sent in the form of an
attached file (if any));
- Bid bonds (in case of the ordinary shopping)
shall conform to Article 13 hereof;
- Other files included in proposals and quotations.
The letter of discount shall not be applied in the
online contractor selection procedure. Attached files must conform to
regulations laid down in Article 14 hereof.
c) With respect to contents relating to the
eligibility, competence and past performance of bidders, commodity or service
advertising catalogues, bidders shall provide these contents by using
equivalent forms stipulated in Circulars of the Ministry of Planning and
Investment on providing specific provisions on creation of the invitation for
construction and commodity procurements and online bidding process without
having to attach relevant scanned documents or materials;
d) The electronic Government procurement system
must respond to bidders that their submission of proposals or quotations is
successful or failed, and concurrently record the following information about
bidders’ submission of their proposals or quotations, such as information about
the sender, receiver, sending time, sending status, the number of attached
files uploaded on the electronic Government procurement, as the basis for
resolving any dispute.
3. Resubmission of proposals and quotations
If bidders have already submitted their proposals
or quotations before bid solicitors’ making changes to requested dossier,
request for quotation as prescribed in Clause 1 Article 33 hereof, these
bidders must resubmit their proposals or quotations according to the process
stated in Clause 2 of this Article.
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In order to withdraw proposals or quotations,
bidders shall notify bid solicitors by emails, facsimile, direct documents or
by post before the bid closing deadline in accordance with regulations laid
down in requested dossier and request for quotation.
5. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 27. Opening of
proposals and quotations
1. The proposal or quotation submitted by the bid
closing deadline shall be eligible for the bid opening carried out by bid
solicitors and shall be disseminated on the electronic Government procurement
system, specifically as follows:
a) The bid solicitor logs in to the electronic
Government procurement system;
b) The bid solicitor selects the bid envelope that
need opening according to the numerical code of the notice of invitation for
offer;
c) The bid solicitor uses the bid secret key to
decode the bid form and proposal, quotation files, except for those of bidders
who send the written request to bid solicitors for withdrawal of their proposals
or quotations prior to the bid closing time.
2. Record of proposal and quotation opening
After completion of proposal or quotation opening,
the electronic Government procurement system shall release the record of
proposal or quotation opening, including the following main contents:
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- Numerical code of the notice of invitation for
offer;
- Bid name;
- Name of the bid solicitor;
- Contractor selection form (ordinary or shortened
shopping);
- Contract type;
- Time of completion of proposal or quotation
opening;
- Total number of bidders.
b) Bidder information:
- Enterprise code or business registration code of
bidders;
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- Quoted price;
- Expiry date of proposals and quotations;
- Value of the bid bond (in case of the ordinary
shopping);
- Expiry date of the bid bond (in case of the
ordinary shopping);
- Time of contract execution.
3. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Article 28. Evaluation of
proposals, quotations, negotiation, appraisal, approval of contractor selection
result, contract perfection and conclusion
1. Notice of invitation for offer; requested
dossier, enclosing documents on modification and clarification of requested
dossier and request for quotation; proposal or quotation, enclosing the bid
form, record of proposal, quotation opening in the electronic form, shall serve
as the legal basis for evaluation of proposals or quotations.
a) If there is any discrepancy between information
contained in the record of proposal, quotation opening and information
contained in files attached to proposals or quotations, the first shall
prevail, except for the circumstance stipulated in Point b of this Clause;
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2. Evaluation of the proposal, quotation, contract
negotiation, appraisal and approval of bidding result shall conform to
regulations laid down in Article 58 and Article 59 enshrined in the Decree No.
63/2014/ND-CP. When necessary, the bid solicitor can request bidders to clarify
and provide additional materials in order to verify the eligibility, competence
and past performance of bidders.
3. After the contractor selection result is
approved, the bid solicitor must release information about such contractor
selection result on the electronic Government procurement system, including the
following main contents:
a) Bid information:
- Numerical code of the notice of invitation for
offer;
- Bid name;
- Name of the bid solicitor;
- Contractor selection form (ordinary or shortened
shopping);
- Time of completion of release of contractor
selection result.
b) Winning contractor's information:
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- Bidder’s name;
- Quoted price;
- Bid awarding price;
- Technical score (if any);
- Evaluated bid price (if any);
- Reasons for selection of the contractor (selected
contractor and list of failed bidders);
c) As for each type of commodity, equipment in the
commodity procurement, the bid solicitor must disseminate the followings:
- Name of the commodity;
- Capacity;
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- Origin;
- Price (or bid-winning unit price).
4. Contract perfection and conclusion shall conform
to Clause 5 Article 58 enshrined in the Decree No. 63/2014/ND-CP.
5. Electronic shopping time shall conform to
regulations laid down in Clause 6 Article 58, and Clause 6 Article 59 enshrined
in the Decree No. 63/ND-CP.
6. Specific procedural steps to be taken shall be
provided in the section “User manual” on the home page of the electronic
Government procurement system.
Chapter IV
COLLECTION, MANAGEMENT
AND USE OF THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT AND CONTRACTOR
SELECTION INFORMATION
Section 1. PRINCIPLES OF COLLECTION,
MANAGEMENT AND USE OF THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT AND
CONTRACTOR SELECTION INFORMATION
Article 29. Collecting and
spending principles
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2. The fee for online supply and posting of
procurement information, and online contractor selection stipulated in Section
2 Chapter IV hereof must be adequate to pay for expenses incurred by performing
such tasks as (i) supply, posting of procurement information on the electronic
Government procurement system, the Vietnam Public Procurement Review Journal and
(ii) online contractor selection.
3. Financing derived from the state budget shall
not be used for performing the tasks stipulated in Clause 2 of this Article.
Section 2. SOURCE OF REVENUE
Article 30. Fee for posting of
procurement information
1. Fee for posting of procurement information on
the Vietnam Public Procurement Review Journal and the electronic Government
procurement system shall include the followings:
a) Notice of invitation to submit statement of
interest, notice of invitation for prequalification;
b) Notice of invitation for offer, notice of
invitation for bid;
c) Short list.
2. The fee for posting of the following information
on the electronic Government procurement system, the Vietnam Public Procurement
Review Journal shall be exempted:
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b) Information about result of contractor
selection, investor selection;
c) Information about result of bid opening under
the online bidding procedure;
d) Information about handling of violations against
bidding laws;
dd) Legislative bidding documents;
e) Information about investment projects in the PPP
form, list of land-using projects;
g) Information about bidders, foreign investors
awarded contracts in Vietnam;
h) Information about individuals issued practicing
certificates in bidding;
i) Information about lecturers in procurement;
k) Information about procurement training centers;
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3. The specific amount of the fee for posting of
procurement information on the electronic Government procurement system, the
Vietnam Public Procurement Review Journal shall conform to regulations laid
down in Clause 1 Appendix III enclosed herein.
4. Fee-paying entities
Bid solicitors shall be liable for the fee for
posting of procurement information on the electronic Government procurement
system and the Vietnam Public Procurement Review Journal.
Article 31. Fee for the online
contractor selection
1. Fee for the online contractor selection shall be
composed of the followings:
a) Fee for registration for participation in the
electronic Government procurement system
- Fee for signing up for the electronic Government
procurement system shall comprise the fee for registration for participation in
the electronic Government procurement system (making a one-time payment for
registration), and fee for maintenance of name and data of bidders, investors
on the electronic Government procurement system (making annual payments in the
first quarter, except for the starting year of registration);
- If bidders or investors have already completed
the registration for participation in the electronic Government procurement
system prior to this Circular's entry into force, payments for the fee for
maintenance of bidder's name and data on the electronic Government procurement
system shall start from 2016.
- If bidders, investors keep defaulting on on-time
payment for the fee for maintenance of their name and data on the electronic
Government procurement system by the stated time after obtaining the reminder
notice, their registration for participation in the electronic Government
procurement system shall be cancelled, and then they shall not print out the
confirmation of their registration for participation in the electronic
Government procurement system as stipulated in Clause 3 Article 6 hereof.
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Bidders who submit bid package, proposal for the
contract under the online contractor selection procedure must pay the fee for
submission of bid package and proposal to the organization operating the
electronic Government procurement system.
2. Specific fee for participation in the electronic
Government procurement system, the fee for submission of bid package and
proposal shall conform to regulations laid down in Clause 2 Appendix III
enclosed herein.
3. Fee-paying entities
Bidders and investors shall be held liable for the
fee for participation in the electronic Government procurement system and the
fee for submission of bid package and proposal as prescribed in Clause 1 of
this Article.
Article 32. Fee collection and
payment
1. The account of the organization operating the
electronic Government procurement system as prescribed in this Circular is the
deposit account opened by the Procurement Management Bureau, the Ministry of
Planning and Investment at the State Treasury, or the account opened by units
directly managed by the Procurement Management Bureau, the Ministry of Planning
and Investment competent to manage, operate the electronic Government
procurement system at commercial banks.
2. As for the fee for posting of procurement
information
a) The Procurement Management Bureau affiliated to
the Ministry of Planning and Investment shall assign the Vietnam Public
Procurement Review Journal to perform the task of collecting such fee. All of
collected fee shall be deposited in the account opened by the Procurement
Management Bureau, the Ministry of Planning and Investment at the State
Treasury.
b) Bid solicitors shall make payment for the fee
for posting of procurement information when sending information supply forms to
the Vietnam Public Procurement Review Journal or within 02 working days from
the date on which they posted information on the electronic Government
procurement system on their own.
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d) When necessary, the Vietnam Public Procurement
Review Journal shall apply the form of collection without awaiting approval to
collect the fee for posting of procurement information.
3. As for the fee for the online contractor
selection
a) Bidders and investors shall be held liable for
the fee for participation in the electronic Government procurement system and
the fee for submission of bid package and proposal as prescribed in Point a and
b Clause 1 Article 31 hereof.
b) The fee for the online contractor selection
shall be paid in Vietnamese dong or paid in cash or paid online or paid by
sending money to the account held by the organization operating the electronic
Government procurement system.
4. In the course of implementation, if there is any
difficulty or change to the structure of fee collection and payment, the
Procurement Management Bureau affiliated to the Ministry of Planning and
Investment must report to the Ministry of Planning and Investment and the
Ministry of Finance to find proper solutions.
Section 3. MANAGEMENT AND USE OF
THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND ONLINE
CONTRACTOR SELECTION
Article 33. Spending accounts
1. Spending on fulfillment of obligations to the
State Budget.
2. Spending on operation of the Vietnam Public
Procurement Review Journal which equals 100% of total collected fee for posting
of procurement information.
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4. Spending on storage, management of databases on
the electronic Government procurement system.
5. Spending on the work of providing replies and
support for users of the electronic Government procurement system; holding of
training courses for the purpose of improving professional skills of
individuals directly related to the work of providing support for users and
operators of the electronic Government procurement system.
6. Other spending directly relating to the work of
receiving, processing applications for registration for participation in the
electronic Government procurement system, selecting contractor online, applying
online payment methods and enhancing the compatibility with other information
technology systems.
7. Spending on repair and maintenance carried out
on a periodic basis, or upon the technical or professional request of the
electronic Government procurement system.
8. Spending on leased standby system for the
purpose of ensuring the unceasing operation of the electronic Government
procurement system.
9. Other spending used directly for online procurement
information posting and contractor selection.
10. Provision
The amount set aside for the provision shall be
equal to 5% of total planned spending stated in Clause 1 to Clause 9 of this
Article. Such provision shall be used only if spending accounts fail to meet
spending requirements though being adjusted. It shall not be used for making an
adjustment to increase other spending.
Article 34. Formulation and
approval of the plan to collect and spend fee
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Based on the plan to post procurement information
on the electronic Government procurement system, the Vietnam Public Procurement
Review Journal and the plan to organize online contractor selection activities,
the organization operating the electronic Government procurement system and the
Vietnam Public Procurement Review Journal shall make the annual plan to collect
and spend the fee for online contractor selection and online posting of
procurement information; the annual plan for spending relating to the work of posting
procurement information and organizing contractor selection activities in the
electronic form according to contents specified in the Appendix IV enclosed
herein, and then integrate these plan into the budget estimate of the
Procurement Management Bureau for submission to the Ministry of Planning and
Investment for approval.
Making the plan for spending relating to the work
of posting procurement information and organizing the contractor selection in
the online form must comply with applicable financial standards, norms and
policies.
2. Plan adjustment
In the course of implementation, if there is any
task that may arise, the Procurement Management Bureau shall act on its own
initiative in adjusting spending accounts stated in Section 1 through Section 7
Part B Appendix IV enclosed herein and bear its responsibility for making
adjustment to approved spending accounts as stated in the annual plan. Making
adjustment shall only be carried out within the fourth quarter of the planning
year.
3. Final accounts of receipts and expenditures
The organization operating the electronic
Government procurement system and the Vietnam Public Procurement Review Journal
shall be responsible for preparing annual final accounts of receipts and
expenditures according to the contents specified in the Appendix V enclosed
herein and integrating such accounts into the final financial report of
operating expenses incurred within the year prepared by the Procurement
Management Bureau for submission to the Ministry of Planning and Investment for
approval.
If receipts are greater than expenditures, or
planned expenditure amounts have not been used up, the surplus receipts or the
remaining amount of expenditure shall be carried forward for the next year’s
spending in accordance with applicable regulations.
Chapter V
RESPONSIBILITY OF
INTERESTED PARTIES FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND
ONLINE CONTRACTOR SELECTION
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1. Organizations or individuals carrying out
posting and supply of procurement information on the electronic Government
procurement system shall be responsible for giving required explanations or
complying with regulations laid down in Point i Clause 2 Article 75, 79 and 80
of the Bidding Law, Article 7 of the Decree No. 63/2014/ND-CP, Article 4 of the
Decree No. 30/2015/ND-CP, Clause 1 Article 2 hereof, and paying the fee for
posting of procurement information under the provisions of Article 30 and
Article 32 hereof.
2. Organizations or individuals, while carrying out
posting and supply of procurement information on the Vietnam Public Procurement
Review Journal, shall be responsible for complying with regulations laid down
in Article 7 of the Decree No. 63/2014/ND-CP, Article 4 of the Decree No.
30/2015/ND-CP, Clause 1 Article 2 hereof, and paying the fee for posting of
procurement information under the provisions of Article 30 and Article 32
hereof.
3. If invitations for bid or requested dossiers are
issued 28 days after the date on which notice of invitation for bid and notice
of invitation for offer are posted on the electronic Government procurement
system, or the Vietnam Public Procurement Review Journal, bid solicitors shall
be responsible for re-posting the previous notice of invitation for bid, notice
of invitation for offer.
Article 36. Responsibility of
the organization operating the electronic Government procurement system, the
Vietnam Public Procurement Review Journal for posting procurement information
1. In addition to responsibilities stipulated in
Article 85 of the Bidding Law, the organization operating the electronic
Government procurement system shall also assume the following responsibilities:
a) Design, set up and upgrade the electronic
Government procurement system;
b) Troubleshoot errors in order to ensure that the
electronic Government procurement system will be operated in a continuous,
stable and safe and secure manner and meet users’ demands;
c) Create instruction manuals and documents to
provide assistance for bid solicitors, bidders and investors who have already
registered their accounts, and grant digital certificates for participation in
the electronic Government procurement system and online contractor selection.
Provide communication, training and guidance for bid solicitors, bidders and
investors to facilitate their supply and posting of procurement information on
the electronic Government procurement system, and render services relating to
online procurement information and contractor selection;
d) Aggregate information necessary for operation of
the electronic Government procurement system. Guarantee the safety for
equipment used in the system;
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e) Store information posted on the electronic
Government procurement system.
2. The Vietnam Public Procurement Review Journal
shall assume the following responsibilities:
a) Receive and post procurement information on the
Vietnam Public Procurement Review Journal and the electronic Government
procurement system under the provisions of Clause 2, 3 and 4 Article 8 of the
Decree No. 63/2014/ND-CP, and Clause 2, 3 and 4 Article 5 of the Decree No.
30/2015/ND-CP. Whenever discovering any illegitimate information, within a
maximum period of 02 working days from the date on which bid solicitors posted
information on their own on the electronic Government procurement system or
from the date of receipt of information registration form, the Vietnam Public
Procurement Review Journal shall be responsible for notifying bid solicitors by
email, telephone of these information in order for them to adjust, perfect and
post such information on the electronic Government procurement system on their
own, or resubmit such information to the Vietnam Public Procurement Review
Journal to carry out posting in accordance with applicable regulations.
b) Publicly release information registration forms
written in English applicable to the bids under the international bidding
procedure, or projects under the international prequalification procedure, on
the Vietnam Public Procurement Review Journal and the electronic Government
procurement system.
3. If the organization operating the electronic
Government procurement system, or the Vietnam Public Procurement Review
Journal, makes several mistakes in posting of procurement information such as
late posting, wrong contents or intentional failure to post information which
may cause any loss for bid solicitors, bidders and investors, they shall be
obliged to carry out rectification and make public announcement about this on
the electronic Government procurement system and the Vietnam Public Procurement
Review Journal. In addition, depending on the mistake severity, related persons
of the organization operating the electronic Government procurement system and
the Vietnam Public Procurement Review Journal shall be subjected to penalties
for their default on delegated responsibility under the provisions of the Labor
Code, the Law on Officials and Public Employees, the Law on Public Staff and
other relevant legal regulations.
Chapter VI
IMPLEMENTATION
Article 37.
Implementary guidance
1. Roadmap for registration of procurement
information on the electronic Government procurement system
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2. Roadmap for application of the online contractor
selection method
a) Ministries, Ministry-level agencies, Government
bodies, People's Committees of centrally-affiliated cities and provinces,
economic corporations, state-owned incorporations, socio-political
organizations, except for agencies stipulated in Point b of this Clause, shall
direct investors and affiliated bid solicitors to carry out online contractor
selection according to the following roadmap:
- By 2016, a minimum percentage of 20% of bids
under the shopping procedure, 10% of small-scale bids under the open or
restricted bidding procedure but at least 01 bid under the shopping procedure
or the open or restricted bidding procedure shall be subject to the online
contractor selection;
- By 2017, a minimum percentage of 30% of bids
under the shopping procedure, 15% of small-scale bids under the open or
restricted bidding procedure shall be subject to the online contractor
selection;
- By 2018 onwards, a minimum percentage of 40% of
bids under the shopping procedure, 30% of small-scale bids under the open or
restricted bidding procedure shall be subject to the online contractor
selection;
b) The People’s Committee of Hanoi capital, Vietnam
Electricity and Vietnam Posts and Telecommunications Group (those who have
already piloted the online bidding procedure before July 1, 2014) shall direct
investors and affiliated bid solicitors to implement the online bidding
procedure according to the following roadmap:
- By 2016, a minimum percentage of 30% of bids
under the shopping procedure, 20% of small-scale bids under the open or
restricted bidding procedure but at least 02 bids under the shopping procedure
or the open or restricted bidding procedure shall be subject to the online
bidding procedure;
- By 2017, a minimum percentage of 50% of bids
under the shopping procedure, 20% of small-scale bids under the open or
restricted bidding procedure shall be subject to the online bidding procedure;
- From 2018 onwards, a minimum percentage of 50% of
bids under the shopping procedure, 40% of small-scale bids under the open or
restricted bidding procedure shall be subject to the online bidding procedure;
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3. On Tet or public holidays, the Ministry of
Planning and Investment shall provide guidance on supply and posting of
procurement information on the electronic Government procurement system and the
Vietnam Public Procurement Review Journal so that this will be relevant to the
schedule of days-off during these holidays under the Government’s decisions.
Article 38. Effect
1. This Circular shall enter into force from
November 1, 2015.
2. As from the date of this Circular’s entry into
force, the Joint Circular No. 20/2010/TTLT-BKH-BTC of the Ministry of Planning
and Investment and the Ministry of Finance dated September 21, 2010 on
providing specific provisions on supply of procurement information for the
purpose of posting on the Vietnam Public Procurement Review Journal, and the
Circular No. 17/2010/TT-BKH of the Ministry of Planning and Investment dated
July 22, 2010 on providing specific provisions on piloting the online bidding
procedure, shall be abolished.
3. In the course of implementation, if there is any
difficulty that may arise, Ministries, Ministry-level agencies, Government
bodies, other central agencies, People’s Committees at all levels, state-owned
economic corporations, state-owned incorporations, and organizations or
individuals concerned, must send their feedbacks to the Ministry of Planning
and Investment and the Ministry of Finance for timely consideration and
improvement./.
PP. THE
MINISTER OF FINANCE
THE DUPUTY MINISTER
Huynh Quang Hai
PP. THE
MINISTER OF PLANNING AND INVESTMENT
THE DEPUTY MINISTER
Dao Quang Thu