Chương IV Thông tư 01/2024/TT-BKHĐT: Tổ chức thực hiện

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.