Thông tư 01/2024/TT-BKHĐT hướng dẫn cung cấp, đăng tải thông tin về lựa chọn nhà thầu và mẫu hồ sơ đấu thầu trên Hệ thống mạng đấu thầu quốc gia do Bộ trưởng Bộ Kế hoạch và Đầu tư ban hành

CIRCULAR

GUIDELINES FOR PROVISION AND PUBLISHING OF INFORMATION ON SELECTION OF CONTRACTORS AND FORMS OF BIDDING DOCUMENTS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Government’s Decree No. 130/2018/ND-CP dated September 27, 2018 on guidelines for the Law on E-Transactions of digital signatures and digital signature authentication;

Pursuant to the Government's Decree No. 01/2021/ND-CP dated January 04, 2021 on enterprise registration;

Pursuant to the Government's Decree No. 89/2022/ND-CP dated October 28, 2022 on functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the request of the Director of Public Procurement Agency of Vietnam;

The Minister of Planning and Investment hereby promulgates a Circular on guidelines for provision and publishing of information on selection of contractors and forms of bidding documents on Vietnam national e-procurement system.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for provision and publishing of information on selection of contractors and forms of bidding documents, including:

a) Forms of preparation, appraisal and approval for contractor selection master plan, contractor selection plans with respect to projects, procurement cost estimates according to regulations in Article 1 and Article 2 of the Law on Bidding;

b) Forms of bidding documents on Vietnam national e-procurement system with respect to consulting service, non-consulting service, procurement, construction, drug procurement packages within the scope of the Law on Bidding under domestic competitive bidding, limited bidding and shopping according to single-stage one-envelope procedure, single-stage two-envelope procedure.

Article 2. Regulated entities

1. Organizations and individuals related to selection of contractors that fall within the scope of Article 1 of this Circular.

2. Organizations and individuals engaged in selection of contractors that are not regulated in Article 1 of this Circular but choose to apply regulations of this Circular. In this case, implementation procedures shall follow the Instruction Manual on Vietnam National E-Procurement System.

Article 3. Definition of terms

1. ”Vietnam National E-Procurement System” (hereinafter referred to as “the System”) refers to a information technology system built and managed by the Ministry of Planning and Investment at the address http://muasamcong.mpi.gov.vn in accordance with regulations laid down in Clause 18 Article 4 of the Law on Bidding.

2. “National Enterprise Registration Information System” refers to a system of dedicated information about enterprise registration specified in Clause 2 Article 3 of the Government's Decree No. 01/2021/ND-CP dated January 04, 2021 on enterprise registration.

3. Abbreviations in this Circular and on the System include:

a) E-TBMST: online invitation for prequalification applications;

b) E-TBMQT: online invitation for EOI (expression of interest);

c) E-TBMT: online invitation to bid, online notice of proposed procurement;

d) E-HSMQT: online EOI request;

dd) E-HSQT: online EOI;

e) E-HSMST: online document on prequalification;

g) E-HSDST: online application for prequalification;

h) E-HSMT: bidding documents used in e-competitive bidding, e-limited bidding or e-shopping;

i) E-HSDT: bid package used in e-competitive bidding, e-limited bidding or e-shopping;

k) E-HSDXKT: e-technical proposal;

l) E-HSDXTC: e-financial proposal;

4. “Electronic document” refers to document or information that is successfully sent, received or stored on the System, including:

a) Information about the project;

b) Contractor selection master plan; contractor selection plan;

c) E-TBMQT, E-TBMST, E-TBMT, invitation to bid, invitation for prequalification applications, invitation for EOI;

d) Shortlist;

dd) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, EOI request, prequalification document, bidding documents; contents that clarify E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSDXKT, E-HSDXTC, EOI request, prequalification document, bidding documents;

e) Joint venture or consortium agreement;

g) Record on the bid opening, records on the opening to E-HSDXKT, E-HSDXTC;

h) Reports on evaluation of E-HSQT, E-HSDST, E-HSDT;

i) Contractor selection result;

k) Proposal for result of selection of contractors and problems regarding the process of e-selection of contractors;

l) Other electronic documents in the System;

5. “Improper information” refers to information published on the System by entities specified in Article 2 of this Circular against regulations of the law on bidding and other relevant laws.

6. “Public digital certificate” in the System refers to a digital certificate granted by a public certification authority or a specialized certification authority of the Government

7. “Instruction manual” refers to an electronic document published on the System to instruct users to perform transactions on the System.

8. “Organization participating in the System” (hereinafter referred to as “participant”) refers to an agency or organization that applies for participation in the System with one or several roles as follows:

a) Investor;

b) Procuring entity;

c) Bidder;

d) Regulatory unit;

dd) Training center for bidding.

9. “Account of the participant” (hereinafter referred to as “participation account”) refers to an account granted by the Vietnam National E-Procurement Center to the participant to perform one or several roles specified in Clause 8 of this Article.

10. “Task - specific account” refers to an account created by the participation account to perform a specific task on the System.

11. “E-GP project management enterprise” is an Investment and Development of National E Procurement System Company Limited established by the Investor (FPT Information System Co., Ltd) in accordance with regulations of the BOT contract of the e-GP project. The E-GP project management enterprise and the Vietnam National E-Procurement Center (hereinafter referred to as “Center") shall be responsible for organizing and operating the System according to Article 52 of the Law on Bidding.

12. “BOT contract of the e-GP project” refers to a contract signed between the Ministry of Planning and Investment and the Investor (FPT Information System Co., Ltd) for investment, design, construction, operation, maintenance, upgrading and transfer of the System in the form of public-private partnership.

Article 4. Application of forms and Appendices

1. Forms of preparation, appraisal and approval for master plan for selection of contractors include:

a) Form No. 01A used to make a proposal for the master plan for selection of contractors;

b) Form No. 01B used to make a report on appraisal of the master plan for selection of contractors;

c) Form No. 01c used to make a decision on approval of the master plan for selection of contractors;

If it is necessary to change some contents included in the approved master plan for selection of contractors, only the changes have to be submitted, appraised and approved.

2. Forms of preparation, appraisal and approval for the contractor selection plan include:

a) Form No. 02A used to make a proposal for the contractor selection plan;

b) Form No. 02B used to make a report on appraisal of the contractor selection plan;

c) Form No. 02C used to make a decision on approval of the contractor selection plan;

If it is necessary to change some contents included in the approved plan for selection of contractors, only the changes have to be submitted, appraised and approved. Regarding tasks which cannot be included in the contractor selection plan, when these tasks can be included in the contractor selection plan, only such tasks have to be submitted, appraised and approved and other tasks that were approved are not required to be re-submitted, re-appraised and re-approved During the execution of the contract, if there is any change to the package execution duration in comparison with that included in the approved plan for selection of contractors, it is not required to adjust the contractor selection plan.

3. Regarding construction package:

a) Form No. 3A used to make E-HSMT applying the form of competitive bidding, limited bidding or shopping method according to single-stage one-envelope procedure;

b) Form No. 3B used to make E-HSMT applying the form of competitive bidding or limited bidding method according to single-stage two-envelope procedure;

c) Form No. 3C used to make E-HSMST.

4. Regarding procurement package (including centralized procurement);

a) Form No. 4A used to make E-HSMT applying the form of competitive bidding, limited bidding or shopping method according to single-stage one-envelope procedure;

b) Form No. 4B used to make E-HSMT applying the form of competitive bidding or limited bidding method according to single-stage two-envelope procedure;

c) Form No. 4C used to make E-HSMST.

5. Regarding non-consulting service package:

a) Form No. 5A used to make E-HSMT applying the form of competitive bidding, limited bidding or shopping method according to single-stage one-envelope procedure;

b) Form No. 5B used to make E-HSMT applying the form of competitive bidding or limited bidding method according to single-stage two-envelope procedure;

c) Form No. 5C used to make E-HSMST.

6. Regarding consulting service package:

a) Form No. 6A used to make E-HSMT applying the form of competitive bidding or limited bidding method according to single-stage two-envelope procedure;

b) Form No. 6B used to make E-HSMQT.

7. Regarding drug procurement package:

a) Form No. 7A used to make E-HSMT applying the form of competitive bidding according to single-stage one-envelope procedure;

b) Form No. 7B used to make E-HSMT applying the form of competitive bidding according to single-stage two-envelope procedure;

8. Regarding evaluation reports:

a) Form No. 8A used to make report on evaluation of E-HSDT according to the process 01 prescribed in Point a Clause 1 Article 28 of this Circular for non-consultancy service, procurement or construction package adopting single-stage one-envelope procedure;

b) Form No. 8B used to make report on evaluation of E-HSDT according to the process 02 prescribed in Point a Clause 1 Article 28 of this Circular for non-consultancy service or procurement package adopting single-stage one-envelope procedure;

c) Form No. 8C used to make report on evaluation of E-HSDT for non-consultancy service, procurement or construction package adopting single-stage two-envelope procedure;

d) Form No. 8D used to make report on evaluation of E-HSDT for consultancy service package adopting single-stage two-envelope procedure;

9. Appendices:

a) Appendix 1A: Proposal for approval of the result of evaluation of E-HSDXKT (with regard to a package adopting single-stage two-envelope procedure);

b) Appendix 1B: Decision on approval of the list of bidders satisfying technical requirements (with regard to a package adopting single-stage two-envelope procedure);

c) Appendix 2A: Document collation result (with regard to all packages);

d) Appendix 2B: Contract negotiation record (with regard to non-consulting service, procurement, construction or mixed package applying contract negotiation according to regulations in point d Clause 1 Article 43 of the Law on Bidding);

dd) Appendix 2C: Contract negotiation record (with regard to consulting service package);

e) Appendix 3: Proposal for approval of the result of selection of contractors;

g) Appendix 4: Commitment;

h) Appendix 5: Registration of information on legal documents on bidding;

i) Appendix 6: Notification of information about foreign contractor selected in Vietnam;

k) Appendix 7: Notification of actions against violations of the bidding law;

l) Appendix 8: Violations against regulations on Clause 3 Article 44 of the Law on Bidding.

10. The selection of contractors for projects which are funded by the official development assistance (ODA) or concessional loans of foreign donors under international conventions to which the Socialist Republic of Vietnam is a signatory (hereinafter referred to as “international conventions") or foreign loan agreements shall comply with regulations in Clause 5 Article 3 of the Law on Bidding. Roles of organizations and individuals submitting, appraising and approving contractor selection master plan, contractor selection plans, E-HSMQT, E-HSMST, E-HSMT and contractor selection results shall comply with the Law on Bidding and its guiding documents; contents of the contractor selection master plan, contractor selection plans, E-HSMQT, E-HSMST and E-HSMT shall be consistent with international conventions or foreign loan agreements. If the international convention or foreign loan agreement mandates that regulations issued by the donors be applied and the donors grant approval, the master plan or plan for selection of contractors, E-HSMT, E-HSMQT, E-HSMST, report on evaluation of E-HSDT, E-HSQT or E-HSDST shall be prepared, appraised and approved using the forms specified in Clauses 1 through 9 of this Article.

The bidding information with respect to packages of the projects specified in this Clause is encouraged to be published in the Vietnam Public Procurement Review Journal and item “vốn khác” (other funds) on Vietnam National E-Procurement System.

11. Regarding projects/packages containing information of state secrets as per the Law on Protection of State Secrets, such information is not required to be provided or published as per this Circular. The information of state secrets shall be managed as per the law on protection of state secrets.

Article 5. Formats of attachments

1. A file published on the System shall meet the following conditions:

a) It is possible to open or read the file by common software including MS Office or Open Office; PDF; AutoCAD, Photoshop; built-in image viewer. The texts shall be in a Unicode font;

b) It is possible to compress, decompress and open the file by software including: ZIP, RAR or 7ZIP. In case of the compressed file, the file shall have the format specified in Point a of this Clause after decompression;

c) It is not infected, broken or damaged and no password is required.

2. If it is impossible to open or read the file attached to the EOI request, E-HSMQT, document on prequalification, E-HSMST, bidding documents or E-HSMT since it fails to meet the conditions specified in Clause 1 in this Article or for other reasons, the procuring entity shall republish EOI request, E-HSMQT, document on prequalification, E-HSMST, bidding documents, E-HSMT.

3. If the file attached to E-HSDT, E-HSQT or E-HSDST fails to meet the conditions specified in Clause 1 of this Article, leading the fact that it cannot be opened or read, the file will not be evaluated anymore.

Article 6. Technical handling in case of system failure beyond control

1. In case of system failure, the deadlines for submission of bids and the deadlines for clarification of E-HSQT, E-HSDST, E-HSDT of packages of e-selection of contractors that occur during the period from the beginning time of system failure to 02 hours after the System is restored shall be automatically deferred to 06 hours after the system restoration time.

2. If the new deadline for submission of bids and deadline for clarification of E-HSQT, E-HSDST, E-HSDT according to regulations Clause 1 of this Article 1 fall within the period ranging from after 17h00 and before 11h00 of the next day, they shall be automatically deferred to 11h00 in the next day.

3. If the deadline for submission of bids is automatically deferred as prescribed in Clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, E-HSDT shall be carried out on the basis of the deadline for submission of bids indicated in the E-TBMQT, E-TBMST, E-TBMT before the system failure time.

4. In case the System cannot operate due to failure and it takes a long time to restore the System, the Ministry of Planning and Investment shall give notification on the System of methods for organizing selection of contractors throughout the failure and restoration duration, including offline selection of contractors.

Article 7. Management of account and use of digital certificate

1. Creation of task - specific account:

The participation account shall create and distribute power to the task - specific account corresponding to roles of the participant specified at Points a, b, c, d and dd Clause 8, Article 3 of this Circular; lock, unlock; reset password, authentication form, login authentication device for the task - specific account.

2. Use of digital certificate on the System:

a) The participant that is issued with a digital certificate when participating in the System shall register to use the digital certificate according to the Instruction Manual. Digital certificate on the System is the digital certificate issued to the participant;

b) The digital certificate is used to create digital signature and authenticate the participant;

c) Registration of use of, change in and cancellation of information on the digital certificate of the participant shall be made on the System according to the Instruction Manual;

d) The participant shall be responsible for assurance about the accuracy of the digital certificate used on the System.

Article 8. Sending and receiving e-documents on the System

1. E-documents specified in Clause 4, Article 3 of this Circular shall have their legal validity recognized and serve as the basis for comparison and authentication of information for evaluation, appraisal, inspection, audit and disbursement according to regulations of law.

2. The sending time and receiving time of e-documents shall be determined according to the real time recorded on the System. Electronic documents that are successfully sent shall be stored on the System.

3. When the user sends an e-document on the System, the System shall respond to the user whether the submission is successful or unsuccessful.

4. The participant that makes successfully registration on the System shall be entitled to export the status of its e-documents and other information on the System. The information on transaction history shall be used to settle disputes (if any) that arise from sending and receiving e-documents on the System.

5. The organization or individual in charge of inspection, supervision, audit and disbursement shall not require a physical copy if an electronic copy of the same document can be found on and exported from the System, unless the original copy is necessary for confirmation.

Article 9. Information technology infrastructure requirements

Participants shall meet requirements for infrastructure of information technology specified in Clause 14 Article 78, Clause 3 Article 79 and point a Clause 3 Article 82 of the Law on Bidding and detailed instructions in the Instruction Manual.

Chapter II

PROVIDING AN PUBLISHING INFORMATION ABOUT SELECTION OF CONTRACTORS

Article 10. Information about qualifications of bidders

1. Information about qualifications of a bidder on the System includes:

a) General information about the bidder;

b) Figures on annual financial statements;

c) Information about contracts that have been executed;

d) Information about key personnel;

dd) Information about machinery and equipment;

e) Information about the bidder’s reputation.

2. The bidder shall actively update information about his/her qualifications according to regulations of Clause 1 of this Article on the System and take responsibility to the law for the accuracy of information declared on the System. In case the bidder makes correction on the System, the System will save all the information before and after the bidder makes the correction. Information about the bidder's qualifications shall be authenticated by the digital signature of the bidder.

3. The bidder shall attach documents to prove the authenticity of the qualifications. The attached documents will be stored and managed on the System.

4. In case the bidder makes untruthful declaration in order to gain financial benefits or other benefits or avoid any obligation, it shall be considered fraud as prescribed in Clause 4, Article 16 of the Law on Bidding.

5. If the figures on annual financial statements on the System specified at Point b, Clause 1 of this Article have been updated from the Electronic Tax System and National Enterprise Registration Information System, the bidder is not required to declare the figures on annual financial statements. Regarding figures on annual financial statements from 2021 onwards, in case the bidder discovers that the figures have not been updated on the System in comparison with those on the Electronic Tax System, the bidder shall modify the figures in conformity with the figures reported to the tax authority. The system will save the modified versions of the information about the bidder.

Article 11. Information about projects and plans for selection of contractors

1. Time of publishing:

Information about a contractor selection plan shall be published on the System by the investor within 05 working days from the date on which the plan is approved. The basic information on project shall be published concurrently with the contractor selection plan.

2. Attachments:

The investor shall attach the decision on approval for the contractor selection plan during the process of publishing the plan.

Article 12. Invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST

The procuring entity shall publish an invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST on the System according to the contractor selection progress and timeframe in the approved contractor selection plan. Revisions to or cancellation of the invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST shall only be made before the deadline for submission of bids, unless there is no any bidder who submits expression of interest, application for prequalification, E-HSQT, E-HSDST.

Article 13. Issuance, revisions and clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST (hereinafter referred to as “the procuring entity's documents”)

1. Issuance:

a) The procuring entity's documents shall be issued free of charge on the System after invitation for EOI, invitation for prequalification applications, E-TBMQT and E-TBMST are successfully published.

During the process of publishing invitation for EOI, invitation for prequalification applications, E-TBMQT or E-TBMST, the procuring entity shall attach the decision on approval for the procuring entity's documents and the approved documents.

The investor or the procuring entity is not allowed to issue the physical documents (EOI request, document on prequalification) to the bidder. In case the investor or the procuring entity issues the physical documents, the physical documents do not have their legal validity recognized in order to make and evaluate expression of interest, application for prequalification.

b) In case the contents of the procuring entity's documents published on the System are different from those of the approved documents, the procuring entity's documents issued on the System shall serve as the basis for making and evaluation of expression of interest, application for prequalification, E-HSQT, E-HSDST.

2. Revisions:

a) Regarding offline selection of contractors: In case of revisions to the EOI request and document on prequalification after they are issued, the procuring entity shall publish documents in either of the following ways on the System: A decision on revisions accompanied by the revisions to EOI request and document on prequalification; or decision on revisions and the revised EOI request and document on prequalification, clearly indicating the revisions.

b) Regarding e-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall publish a decision on revisions accompanied by the revisions to E-HSMQT, E-HSMST; the revised E-HSMQT, E-HSMST on the System.

3. Clarification:

a) A prospective bidder requiring any clarification of the EOI request, document on prequalification, E-HSMQT, E-HSMST shall contact with the procuring entity through the System within at least 03 working days before the deadline for submission of bids;

b) The procuring entity will publish a written response to clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST must not contravene the approved EOI request, document on prequalification, E-HSMQT, E-HSMST. If the procuring entity deems it necessary to revise the EOI request, document on prequalification, E-HSMQT, E-HSMST as a result of a clarification, it shall do so following the procedure in Clause 2 hereof.

Article 14. Shortlist

1. Time of publishing:

The procuring entity shall publish the shortlist on the System within 05 working days from the date on which the shortlist is approved.

2. Attachment:

The procuring entity shall attach the decision on approval for the shortlist during the publishing of the shortlist.

Article 15. Invitation to bid, E-TBMT

The procuring entity shall publish an invitation to bid, E-TBMT on the System according to the contractor selection progress and timeframe in the approved contractor selection plan. Revisions or cancellation of invitation to bid, E-TBMT shall only be made before the deadline for submission of bids, unless there is no any bidder who submits bid package, E-HSDT.

Article 16. Issuance, revisions and clarification of bidding documents, E-HSMT

1. Issuance:

a) During the process of publishing invitation to bid, E-TBMT, the procuring entity shall attach the decision on approval for bidding documents, E-HSMT; the approved bidding documents, E-HSMT;

Regarding offline selection of contractors, the bidding documents shall be issued on the System after the invitation to bid is successfully published. The procuring entity is not allowed to issue the physical bidding documents to the bidder. If the procuring entity issues the physical bidding documents to the bidder, these physical documents do not have their legal validity recognized in order to make and evaluate bid package.

b) In case the contents of bidding documents, E-HSMT published on the System are different from those of the approved bidding documents, E-HSMT, the bidding documents, E-HSMT issued on the System shall serve as the basis for making and evaluation of bid package, E-HSDT.

2. Revisions:

a) Regarding offline selection of contractors: In case of revisions to bidding documents after they are issued, the procuring entity shall publish documents in either of the following ways on the System: A decision on revisions accompanied by the revisions to bidding documents; or decision on revisions and the revised bidding documents clearly indicating the revisions.

b) Regarding e-selection of contractors: In case of revisions to E-HSMT after being issued, the procuring entity shall publish a decision on revisions accompanied by the revisions to E-HSMT; the revised E-HSMT on the System.

3. Clarification:

a) Regarding offline selection of contractors, a bidder requiring any clarification of bidding documents shall contact the procuring entity through the System within at least 03 working days (for domestic bidding) or 05 working days (for international bidding) before the deadline for submission of bids for consideration and settlement;

Regarding e-selection of contractors, a bidder requiring any clarification of E-HSMT shall contact with the procuring entity through the System within at least 03 working days before the deadline for submission of bids for consideration and settlement;

b) The procuring entity will respond to any request for clarification of bidding documents, E-HSMT and publish the written response on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of bidding documents, E-HSMT must not contravene the approved bidding documents, E-HSMT. If the procuring entity deems it necessary to revise the bidding documents, E-HSMT as a result of a clarification, it shall do so following the procedure in Clause 2 hereof;

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by bidders if necessary. The procuring entity shall publish the invitation to attend the pre-bidding convention on the System. The discussion between the procuring entity and the bidders shall be recorded by the procuring entity and published on the System within a maximum of 02 working days from the end of the pre-bidding convention.

Article 17. Cancellation, renewal or modification of published information

The cancellation, renewal or modification of published information shall follow the Instruction Manual.

Article 18. Contractor selection results

1. Time of publishing:

The investor shall publish contractor selection results on the System within 05 working days from the date of approval for such results.

2. Attachments:

a) Decision to approve contractor selection results;

b) Report on evaluation of E-HSDT for e-selection of contractors (the consolidated evaluation report shall be published but the scorecards of the members of the expert group are not attached);

c) In case the estimate of the bidding package is approved after the approval for the contractor selection plan and during the issuance of E-HSMT, the procuring entity shall update the estimate and attach the decision on approval for the estimate on the System within at least 05 days before the deadline for submission of bids.

3. In case of procurement package, the detailed information on goods provided by the successful bidder shall be published. To be specific:

a) List of goods;

b) Marks and numbers;

c) Brands;

d) Manufacturing years;

dd) Origin of goods (countries, territories);

e) Manufacturers;

g) Configurations, basic technical features;

h) Calculation unit;

i) Weight;

k) Chapter code, Group code (corresponding to the first 4 digits of the code) in the Harmonized Commodity Description and Coding System (HS code) according to the goods classification system issued by WCO (hereinafter referred to as “HS code”) (if any);

l) Bid-winning unit price

Article 19. Procedures for publishing information on the System

Procedures for publishing information in Articles 10, 11, 12, 13, 14, 15, 16 and 18 of this Circular shall follow the Instruction Manual.

Article 20. Responsibilities of the investor

1. Fulfill the responsibilities specified in Clause 78 of the Law on Bidding;

2. Publish information specified in points a, g, h, i and k Clause 1 Article 7 of the Law on Bidding. If a bidding consultant is hired to act as the procuring entity, the investor shall be still responsible for publishing such information.

3. Publish information about foreign contractors selected in Vietnam according to Appendix 6 promulgated together with this Circular on the System in accordance with the Instruction Manual. The information shall be also sent to the Public Procurement Agency, the Ministry of Planning and Investment within 07 working days from the date of approval for contractor selection results.

4. Be responsible to the law for the accuracy and truthfulness of the information registered and published on the System when logging in the System with their participation account.

5. Check and confirm the publishing of their information on the System.

6. Manage and take charge of the distribution of power to task - specific accounts corresponding to the roles of the investor; manage the use of digital certificates on the System.

Article 21. Responsibilities of the procuring entity

1. Fulfill the responsibilities specified in Clause 79 of the Law on Bidding;

2. Publish the information specified in points b, c, d and dd Clause 1 Article 7 of the Law on Bidding. In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of the Law on Bidding in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of the Law on Bidding may be published in either English or both Vietnamese and English;

3. Be responsible for the consistency of the documents published on the System with the approved documents. In case there is any discrepancy between the documents published on the System and the approved documents, the documents published on the System shall prevail.

4. Monitor and update the information published on the System and responses made by the System.

5. Manage and take charge of the distribution of power to task - specific accounts corresponding to the roles of the procuring entity; manage the use of digital certificates on the System.

Article 22. Responsibilities of bidders

1. Apply for participation in the System in order to ensure their eligibility according to regulations in point d Clause 1 Article 5 of the Law on Bidding.

2. Fulfill the responsibilities specified in Clause 82 of the Law on Bidding;

3. Manage participation accounts and digital certificates on the System.

Article 23. Responsibilities of the Center, E-GP project management enterprise and Vietnam Public Procurement Review Journal

1. The Center shall:

a) Manage and supervise operation of the System, thereby ensuring that the System operates stably, continuously, safely and securely;

b) Develop Instruction Manuals; assist participants in the process of online registration, provision and publishing of information, selection of contractors;

c) Provide communication, training and guidance services to participants; perform services related to information on bidding, e-selection of contractors.

d) Cooperate with E-GP project management enterprise in fulfilling responsibilities specified in Article 52 of the Law on Bidding.

2. The E-GP project management enterprise shall assume the responsibilities specified in Article 52 of the Law on Bidding.

3. Vietnam Public Procurement Review Journal shall:

a) Review and detect invalid information and notify the investor and the procuring entity within 01 working day from the time the investor or the procuring entity publishes information on the System by themselves. The invalid information shall be notified on the System, via email, mobile application or other communication channels to the investor and the procuring entity for self-correction, completion and re-publishing of the information on the System;

b) Extract the information specified in Articles 12, 14, 15 and 17 of this Circular for 01 period on the Vietnam Public Procurement Review Journal within 02 working days from the date on which the investor or the procuring entity publishes the information on the System by themselves.

4. In case of any error in the publishing of information on bidding, including delayed publishing, incorrect contents or intentional failure to publish information, causing damage to the procuring entity, bidders and the investor, the VPPR Journal shall publish additional information and public correction in accordance with the law on press. Depending on the severity of errors, relevant organizations and individuals of the VPPR Journal shall be responsible for consequences and disciplined in accordance with the law on officials, public employees and workers and other relevant laws.

Chapter III

CONTENTS OF BIDDING DOCUMENTS

Article 24. Preparation, submission, appraisal and approval of E-HSMQT, E-HSMST, E-HSMT

1. The procuring entity shall prepare E-HSMQT, E-HSMST, E-HSMT on the System. After preparing E-HSMQT, E-HSMST, E-HSMT, the procuring entity shall submit them to the investor for appraisal and approval of E-HSMQT, E-HSMST, E-HSMT.

2. The E-HSMT shall include all necessary information to serve as the basis for the bidder’s preparation of E-HSDT. If the procuring entity publishes E-HSMT with incomplete information (lack of design, drawings and other documents) or unclear information, causing difficulties for the bidder in preparation of E-HSDT, the E-HSMT is invalid. The investor or the procuring entity shall amend and supplement the E-HSMT accordingly and re-publish the E-HSMT.

3. In case of procurement, construction or non-consulting service package, the data sheet, criteria for evaluation of legitimacy, requirements for qualifications in E-HSMST, E-HSMT shall be digitized as a webform on the System. The investor and the procuring entity shall not attach other required files on data sheets, criteria for evaluation of legitimacy, requirements for qualifications to E-HSMST, E-HSMT. Data sheets, criteria for evaluation of legitimacy, requirements for qualifications that are not digitized as a webform will not be considered as a part of the E-HSMST, E-HSMT and the bidders are not required to meet these requirements.

4. Regarding package used for prequalification, if the bidder’s qualifications included in the E-HSDT are not consistent with those included in the application for prequalification, the bidder shall update his/her qualifications.

5. In case of E-HSMT imposing conditions that restrict the bidders’ participation or give advantage for one or multiple bidders, thereby resulting in unfair competition or violations against regulations in point k, Clause 6, Article 16 and Clause 3 Article 44 of the Law on Bidding, the procuring entity and expert group shall not reject E-HSDT failing to satisfy these conditions. If bidding documents contain any contents in breach of regulations in point k, Clause 6, Article 16 and Clause 3 Article 44 of the Law on Bidding, these contents shall be considered invalid according to Clause 4 Article 44 of the Law on Bidding and shall not be used as the basis for evaluation of bid package.

6. In case consultants are hired to perform the roles of the procuring entity and expert group, including publishing of information, preparation of the E-HSMQT, E-HSMST, E-HSMT and evaluation of E-HSQT, E-HSDST and E-HSDT, the hirer shall follow the Instruction Manual.

Article 25. Responsibilities of bidders throughout the process of participation in bidding

1. Each bidder shall be responsible for the accuracy of information declared on the webform and the attached documents throughout the process of participation in the bidding. The bidder shall enter information according to requests of E-HSMQT, E-HSMST, E-HSMT and attach documents in order to create a set of E-HSQT, E-HSDST and E-HSDT. To be specific:

a) Information about the legitimacy of E-HSDT:

Regarding bid security, the bidder shall declare information and attach a scanned copy of the bid security; Regarding electronic bid security, the bidder may choose bid security issued by a domestic credit institution or foreign bank branch established under Vietnamese laws or certificate of surety bond insurance issued by a domestic non-life insurer or branch of a foreign non-life insurer duly established under and shall store it on the System and include it on E-HSDT. Regarding a consortium bidder, all members of the consortium shall apply the same method of bid security (electronic bid security or physical bid security).

Regarding other contents: the bidder shall only declare the information on webform and is not required to attach scanned copies of relevant documents;

b) Information about qualifications:

Regarding similar contracts, capacity for production: the bidder shall declare and attach relevant documents to prove the declared information;

Regarding financial requirements, the bidder shall declare information; in case the bidder uses a credit extension commitment to prove financial resource, in addition to compulsory declaration of information, the bidder shall attach a scanned copy of credit extension commitment.

Regarding annual revenue, net asset value, from 2021 onwards, the System will automatically extract the figures on financial statements from the National Enterprise Registration Information System, the Electronic Tax System to qualification documents of the bidder.

Regarding other contents, the bidder shall only declare the information on webform and is not required to attach scanned copies of relevant documents;

Regarding figures on financial statements from 2021 onwards: in case the bidder discovers that the figures have not yet been updated on the System to be consistent with those on the Electronic Tax System from 2021 onwards, the bidder shall modify the figures in conformity with the figures reported to the tax authority. In case, the figures updated or modified by the bidder on the System are not consistent with the figures on the Electronic Tax System, thereby resulting in misleading results of contractor selection, it shall be considered fraud as prescribed in Clause 4, Article 16 of the Law on Bidding.

2. The bidder shall be responsible for studying E-HSMQT, E-HSMST, E-HSMT with regard to packages for which the bidder has submitted expression of interest (EOI) to prepare E-HSQT, E-HSDST, E-HSDT in conformity with the requirements of E-HSMQT, E-HSMST, E-HSMT. In case it is discovered that E-HSMT, E-HSMST or E-HSMT contain unclear contents causing difficulties for the bidder in preparation of E-HSQT, E-HSDST and E-HSDT, the bidder shall request the procuring entity to clarify E-HSMQT, E-HSMST and E-HSMT for the investor and the procuring entity to amend and supplement these documents accordingly.

3. The bidder shall be responsible for monitoring and updating information on the System for packages for which the bidder has submitted their bids or expression of interest (EOI). In case of any errors arising due to failure to monitor and update information on the System, resulting in disadvantages for the bidder throughout the process of participation in the bidding, including change or modification of E-HSMQT, E-HSMST, E-HSMT, time of submission of E-HSQT, E-HSDST, E-HSDT, time of clarification of E-HSQT, E-HSDST, E-HSDT, time of negotiation of contract and other contents, the bidder shall assume responsibility and suffer from disadvantages throughout the process of participation in the bidding.

4. In case the legal representative of the bidder authorizes the branch director, the director of dependent accounting subsidiary, the director of the factor and the head of another dependent accounting unit to perform the tasks throughout the process of participation in the bidding, the participation account of the bidder shall be used for participation in the bidding and the participation account of the branch, the dependent subsidiary company, the factory or the dependent accounting unit shall not be used for participation in the bidding in this case. If the participation account of the branch or the dependent subsidiary (dependent accounting unit) is used for participation in the bidding, the bidder shall be considered as ineligibility as prescribed in Clause 1, Article 5 of the Law on Bidding.

Article 26. Samples

E-HSMT must not include requests for supplying samples; in case a request for supplying samples serving technical evaluation is involved, the investor must send a proposal to a competent person for consideration and decision. In the proposal, reasons for the request for supplying samples shall be clarified. The investor and the procuring entity shall ensure that the request for samples does not increase the cost of the package, limit participation of bidders or give advantages to one or multiple bidders, causing unfair competition. In case E-HSMT includes a request for supplying samples, the bidder may supply additional samples within 05 working days after the deadline for submission of bids.

Article 27. Bid opening in case of e-selection of contractors

1. Regarding packages adopting single-stage one-envelope procedure:

The procuring entity shall open the bid and publicize the bid opening record on the System within 2 hours from the deadline for submission of bids.

2. Regarding packages adopting single-stage two-envelope procedure:

a) The procuring entity shall open E-HSDXKT and publicize the E-HSDXKT opening record on the System within 2 hours from the deadline for submission of bids;

b) After issuance of the decision on approval for the list of bidders who meet the technical requirements, the procuring entity shall publish this list on the System and attach a scanned copy of the written approval for the list of bidders who meet the technical requirements on the System After the list is successfully published, a notification will be sent to the bidders for the packages;

c) After publishing the list of bidders who meet the technical requirements, the procuring entity shall open E-HSDXTC of the bidders included in the list and publicize the E-HSDXKT opening record on the System.

Article 28. Evaluation of E-HSDT

1. Process of evaluation of E-HSDT:

a) Process 01 applied to all packages, including evaluation of the legitimacy of E-HSDT; qualification evaluation; evaluation of technical aspects; finance evaluation;

b) Process 02 applied to procurement or non-consultancy service package adopting single-stage one-envelope procedure in which E-HSDT is evaluated according to “lowest-evaluated selection” and E-HSDTs have no incentives:

According to the bid opening record, the bidders will be automatically ranked on the System, depending on the lowest bid price (the list of ranked bidders is not required to be approved in this case);

Evaluation of the legitimacy of E-HSDT of the first-ranked bidder;

Evaluation of qualifications of the first-ranked bidder;

Evaluation of technical aspects of the first-ranked bidder;

If the first-ranked bidder is considered unresponsive, the second-ranked bidder will thereafter be evaluated using the above steps.

c) Regarding packages adopting single-stage one-envelope procedure, according to E-HSDT submitted by each bidder on the System and the method of evaluating E-HSDT specified in the E-HSMT, the procuring entity may choose one of the two processes specified at Points a and b of this Clause to evaluate the E-HSDT. E-HSDT shall only be evaluated according to the process 02 if all the conditions specified at Point b of this Clause are fully satisfied.

2. In case there is only 01 bidder participating in bidding or 01 bidder eligible after the technical evaluation, it is not required to determine the evaluated price (with regard to packages applying the evaluated-price method) or combined score (with regard to packages applying the combined technique and price-based method), determine incentives and rank bidders.

3. After evaluation of the E-HSDT, the leader of the expert group shall attach a scanned copy of the E-HSDT evaluation report (signed by all members of the expert group) to the System. The leader of expert group shall be responsible for the consistency of the scanned copy of the E-HSDT evaluation report attached to the System with the physical E-HSDT evaluation report signed by the members of the expert group.

Article 29. Submission, appraisal and approval of contractor selection results

1. The procuring entity shall make a proposal according to Appendix 3 issued with this Circular and submit the proposal and the E-HSDT evaluation report to the investor for approval of contractor selection results.

2. The investor shall approve contractor selection results on the basis of the proposal, the E-HSDT evaluation report and the report on appraisal of contractor selection results.

Article 30. E-bidding for supply of drugs

1. The procuring entity shall prepare E-HSMT containing the following contents. To be specific:

a) The contents of E-HSMT on the webform shall contain Data sheet, Letter of bid, joint venture or consortium agreement (if any), Schedule of "Bid price and Table of scope of, progress in provision and technical requirements of drugs”, bid security form and bidding forms;

b) The remaining contents of the E-HSMT shall be prepared and attached by procuring entity to the System.

2. E-HSMT shall be prepared according to the webforms mentioned at Point a, Clause 1 of this Article and other relevant regulations issued by the Ministry of Health. The evaluation of the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT and other requirements specified in the E-HSMT, submitted E-HSDT, documents on explanation and clarification of E-HSDT of the bidder in order to ensure that the selected contractor has qualifications and adopts feasible solutions to implement the contract package.

3. After preparing E-HSMT, the procuring entity shall print E-HSMT and submit it to the investor for appraisal and approval. The procuring entity shall be responsible for the consistency of the contents of the approved E-HSMT with those of E-HSMT on the System. In case, there is difference between the contents of the approved E-HSMT and those of E-HSMT on the System, the contents of E-HSMT on the System shall serve as the basis for preparation and evaluation of the E-HSDT.

4. E-HSMT shall be issued free of charge on the System. The procuring entity shall not issue the physical bidding documents to the bidders. If the procuring entity issues the physical bidding documents to the bidders, these physical documents do not have their legal validity recognized in order to make and evaluate bid package. The bidders shall pay fees according to regulations.

5. In case, it is necessary to revise the E-HSMT, the procuring entity shall log in and directly revise E-HSMT on the System after the contents of E-HSMT have been approved by the investor.

6. In case there is difference between the information in the attached file of E-HSMT issued on the System and the information in the webform, the information in the webform shall serve as the basis for preparation and evaluation of E-HSDT.

7. The bidder shall make the schedule of bid price according to the webform and commitment to the contents of letter of bid created by the System on the System. In case of joint venture or consortium agreement, it shall be made on the System. The remaining contents of E-HSDT shall be attached by the bidder to the System. In case there is difference between the information in the webform and the information in the attached file of E-HSDT, the information in the webform shall serve as the basis for evaluation of E-HSDT.

8. In case the regulations of this Article, Form No. 7A, Form No. 7B issued together with this Circular are not consistent with the remaining regulations of this Circular, the regulations of this Article and Form No. 7A, Form No. 7B issued together with this Circular shall be applied.

Chapter IV

IMPLEMENTATION

Article 31. Grandfather clause

1. Regarding a package for which the contractor selection plan containing contents against regulations of the Law on Bidding has been approved (already or not yet published on the Vietnam national e-procurement system) but till January 01, 2024 EOI request, prequalification document, bidding documents and request for proposals have not yet been issued, the revised contractor selection plan shall be approved to make it conformable with regulations of this Law.

2. Regarding a package for which the plan for e-selection of contractors has been approved and applied and E-HSMST, E-HSMQT and E-HSMT have been prepared according to regulations in the Circular No. 08/2022/TT-BKHDT:

a) If E-HSMST and E-HSMQT have been published on the System before January 01, 2024, the shortlisting and contractor selection shall be continued in accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.

b) If E-HSMT has been published on the System before January 01, 2024, the contractor selection shall be continued in accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.

c) From January 01, 2024, if E-HSMST, E-HSMQT and E-HSMT have not yet been prepared or E-HSMST, E-HSMQT and E-HSMT have been prepared and approved but they have not yet been published on the System, E-HSMST, E-HSMQT and E-HSMT shall be prepared, revised and re-approved according to regulations in this Circular.

3. Regarding a package to which the e-selection of contractors is not applied:

a) If EOI request and prequalification document have been published on the System before January 01, 2024, the shortlisting and contractor selection shall be continued in accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.

b) If bidding documents have been published on the System before January 01, 2024, the contractor selection shall be continued in accordance with the Law on Bidding No. 43/2013/QH13 and its guiding documents.

c) From January 01, 2024, EOI request, prequalification document and bidding documents have not yet been prepared or EOI request, prequalification document and bidding documents have been approved but they have not yet been published, EOI request, prequalification document and bidding documents shall be prepared, revised, appraised and re-approved in accordance with the Law on Bidding. The investor shall revise bidding documents issued together with this Circular in order to be consistent with the method of offline selection of contractors.

4. In all situations, in case of change of the contractor selection form from “offline” to “online”, the investor is not required to submit the revised contractor selection plan to the competent person for approval and he/she shall proactively change the contractor selection form on the System from “offline" to “online”. Change procedures shall follow the Instruction Manual.

Article 32. Entry into force

1. This Circular comes into force from the date on which it is signed. General regulations on provision and publishing of information on selection of contractors and contents of forms of bidding documents and Appendix come into force from January 01, 2024.

2. From January 01, 2024, the Circular No. 08/2022/TT-BKHDT dated May 31, 2022 of the Minister of Planning and Investment and the Circular No. 10/2015/TT-BKHDT dated October 26, 2015 of the Minister of Planning and Investment shall cease to be effective.

3. If during the contractor selection, the information shall be kept confidential and cannot be published on the System, the competent person shall decide to publish the information during the contractor selection.

4. Regarding a particular package, if the regulations of E-HSMST, E-HSMQT, E-HSMT issued together with this Circular are applied, there are less than 03 bidders who meet requirements for average annual revenues or similar contract. In this case, the investor and the procuring entity may adjust these requirements according to the following principles:

a) Adjustments to requirements for average annual revenues and similar contract that are not consistent with the regulations in E-HSMT forms shall ensure that the division of packages is reasonable and the scale of packages is not too large to restrict competition;

b) When E-HSMT is proposed for approval, the procuring entity shall clarify adjustments to E-HSMT in the proposal for the investor’s consideration;

c) In all cases, the investor shall ensure that the bidders' participation is not restricted; the selected contractors shall have qualifications to implement the packages.

5. Regarding packages for procurement of drugs, the Ministry of Planning and Investment shall be responsible for providing guidance on correction to technical errors in e-selection of contractors; the Ministry of Health shall give guidelines for removal of obstacles related to drug bidding according to legal documents issued by the Ministry of Health.

6. If any legislative documents referred to in this Circular are amended and supplemented, the new ones shall apply.

7. From the effective date of this Circular, when preparing bidding documents for offline selection of contractors, the investor and the procuring entity shall use E-HSMT forms enclosed with this Circular in accordance with regulations of the Law on Bidding.

8. Every year, the Ministry of Planning and Investment shall offer guidance on provision and publishing of information on bidding on the System and the Vietnam Public Procurement Review Journal in conformity with the Tet and holiday schedule as notified by the Ministry of Labor, War Invalids and Social Affairs.

9. According to the actual situation, Public Procurement Agency of the Ministry of Planning and Investment shall make necessary revisions to webforms on the System to enable entities to participate in e-selection of contractors, simplify administrative procedures, promote competition, equity, transparency and economic efficiency in bidding and ensure the effectiveness of state management in bidding.

10. Any difficulties that arise during the implementation of this Circular should be promptly reported by Ministries, ministerial agencies, governmental agencies, other central agencies, People's Committees at all levels, state economic corporations, state corporations and relevant organizations and individuals to the Ministry of Planning and Investment for guidelines.

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