Chapter IX
ELECTRONIC INVESTOR SELECTION
Article 60. Roadmap for electronic investor selection
1. From January 1, 2025: Carry out procedures for inviting EOIs via the domestic network in accordance with Article 61 of this Decree on VNEPS.
2. From July 1, 2025: Implement electronic investor selection for investment projects applying competitive bidding and limited domestic bidding according to the single-stage, one-envelope method, or single-stage, two-envelope method as prescribed in Article 62 of this Decree on the System.
3. For investment projects in the case of international bidding, online investor selection is not applicable, but project information must be made public on the System in accordance with Clause 2, Article 7 of the Law on Bidding.
Article 61. Process for electronic invitation for EOIs
1. Electronic EOI invitation, issuance of electronic EOI requests:
a) Electronic EOI invitation (hereinafter referred to as E-EOI invitation) is posted on the System in accordance with Clause 2, Article 8 of the Law on Bidding;
b) Electronic EOI requests (hereinafter referred to as E-EOI request) is issued simultaneously with E-Notice on the VNEPS. The EOI requester can upload the E-EOI request file on the VNEPS for free and in full;
c) Modifications and cancellations of the E-EOI invitation can only be made before the deadline for submitting electronic project registration application (hereinafter referred to as E-PRA), except in cases where no investor submits the E-PRA.
2. Modifications and clarifications of E-EOI invitation; extension of submission of E-PRA:
a) In case the E-EOI request is modified after its issuance, the EOI requester must post on the VNEPS modifications along with the modified E-EOI invitation.
b) Clarifications of E-EOI invitation:
In case the E-EOI invitation needs to be clarified, the investor sends a request for clarification to the EOI requester on the VNEPS at least 5 working days before the deadline for submitting the E-PRA for consideration.
The clarifications of E-EOI invitation is posted on the VNEPS at least 2 working days before the deadline for submitting the E-PRA. The detailed clarifications of E-EOI invitation must not be contrary to the content of E-EOI invitation posted on the VNEPS.
If the E-EOI invitation needs to be modified as a result of clarification, the modification must follow the requirements outlined in Point a of this Clause.
c) In case of extension of the deadline for submitting the E-PRA on the VNEPS, the EOI requester posts a notice of extension along with the extension approval on the VNEPS. The notice of extension must clearly state the reason for the extension, new deadline for bid submission.
3. Submission, modification, replacement, withdrawal of E-PRA:
a) Submission of E-PRA:
The investor shall prepare and submit the E-PRA on the VNEPS. In case of a joint venture, the leading party of the joint venture or the assigned party in the joint venture agreement shall submit the E-PRA and also attach the joint venture agreement on the VNEPS.
The system notifies the investor about the status of E-PRA submission (successful or unsuccessful) via the email address registered by the investor. Information recorded on the VNEPS as a basis for resolving complaints and disputes (if any) includes: information about the sender, recipient, time of sending, sending status, number of attached files on the VNEPS when the investor submits their E-PRA.
b) Clarification of E-PRA:
The investor shall clarify the E-PRA at the request of the EOI requester or by themselves if they found that their submitted E-PRA is missing documents regarding their certain capacity and experience. The clarification of the E-PRA is carried out on the VNEPS.
c) Modification, replacement, withdrawal of E-PRA:
After submission, the investor can modify, replace, or withdraw the E-PRA. Investors are not allowed to withdraw submitted documents after the deadline for E-PRA submission.
4. E-PRA opening:
The E-PRA is opened and decoded for evaluation. Record of opening the E-PRA is posted publicly on the VNEPS within 2 hours after the deadline for E-PRA submission.
5. Evaluation of E-PRA:
At the deadline for E-PRA submission, the EOI requester shall access the VNEPS and evaluate E-PRAs of the investors.
6. After having the E-PRA evaluation result, the EOI invitation result, including the list of investors that meet the E-EOI invitation requirements, shall be posted on the VNEPS.
Article 62. Process for electronic investor selection
1. Electronic invitation to bid and issuance of electronic Bidding documents:
a) Electronic invitation to bid (hereinafter referred to as E-ITB) is posted on the VNEPS in accordance with Clause 2, Article 8 of the Law on Bidding.
b) Electronic Bidding document (hereinafter referred to as E-BD) is published simultaneously with E-ITB on the VNEPS. The procuring entity can upload the E-BD on the VNEPS for free and in full.
c) Modifications and cancellations of E-BD can only be made before the bid submission deadline, except in cases where no investor submits an E-Bid.
2. Modification and clarification of E-BD:
a) In case the E-BD is modified after its issuance, the procuring entity must post on the VNEPS modifications along with the modified E-BD.
b) Clarification of E-BD:
In case the E-BD needs to be clarified, the investor sends a request for clarification to the procuring entity on the VNEPS within the time limit specified in the E-BD for consideration.
The clarification is posted on the VNEPS at least 2 working days before the bid submission deadline. The detailed clarifications of E-Bd must not be contrary to the content of E-BD posted on the VNEPS.
If the E-BD needs to be modified as a result of clarification, the modification must follow the requirements outlined in Point a of this Clause.
c) In case of extension of bid submission deadline on the VNEPS, the procuring entity shall post a notice of extension on the VNEPS. The notice of extension must clearly state the reason for the extension, new deadline for bid submission.
3. Submission, modification, replacement, withdrawal of E-Bid:
a) Submission of E-Bid:
Investors shall prepare and submit E-bids on the VNEPS, and furnish E-bid security (if any) on the VNEPS.
In case of a joint venture, the leading party of the joint venture or the assigned party in the joint venture agreement shall submit the E-Bid and also attach the joint venture agreement on the VNEPS.
The VNEPS notifies the investor about the status of E-Bid submission (successful or unsuccessful) via the email address registered by the investor. Information recorded on the VNEPS as a basis for resolving complaints and disputes (if any) includes: information about the sender, recipient, time of sending, sending status, number of attached files on the VNEPS when the investor submits their E-Bid.
b) Clarification of E-Bid:
The investor shall clarify the E-Bid at the request of the procuring entity or by themselves if they found that their submitted E-Bid is missing documents regarding their certain capacity and experience. The clarification of the E-Bid is carried out on the VNEPS.
c) Modification, replacement, withdrawal of E-Bid:
After submission, the investor can modify, replace, or withdraw the E-Bid. Investors are not allowed to withdraw submitted documents after the bid submission deadline.
4. Bid opening:
The procuring entity opens and decodes the E-bid for evaluation. Record of opening the E-Bid is posted publicly on the VNEPS within 2 hours after the bid submission deadline.
5. Evaluation of E-Bid:
At the E-Bid submission deadline, the procuring entity shall access the VNEPS and evaluate the E-Bids submitted by investors.
6. After evaluating the E-bids, the investor selection result will be approved and publicly posted on the VNEPS within the time limit specified in Clause 4, Article 8 of the Law on Bidding.
Article 63. National database of investors
1. National database of investors on the VNEPS includes:
a) Information about the investor's legal status;
b) Information about the investor's capacity and experience;
c) Information on actions against investors’ violations of bidding laws;
d) Other information about investors.
2. Investors are responsible for registering on the VNEPS in accordance with Point d, Clause 1, Article 5 of the Law on Bidding before the investor selection result are approved. They must keep their information up-to-date and accurate as specified in Points a and b, Clause 1 of this Article. The procedure for registering and updating investor information on the VNEPS is implemented in accordance with the corresponding regulations in the Government's Decree on elaboration and implementation of the Law on Bidding regarding bidder selection.
3. The information specified in Point c, Clause 1 of this Article is posted on the VNEPS by the competent authority in accordance with Point a, Clause 2 and Clause 4, Article 8 of the Law on Bidding.
Tìm kiếm
Nghị định 23/2024/NĐ-CP (Bản Word)
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