Chương I Thông tư 06/2021/TT-BKHĐT: Quy định chung

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

1. This Circular sets out:

a) Collection, payment, management, and use of services charges associated with contract packages and projects under the scope of regulation in Article 1 of the Procurement Law;

b) Collection, payment, management, and use of services charges mentioned in clause 6 Article 32 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 on elaboration of and guidelines for the Law on Public-Private Partnership Investment (hereinafter referred to as Decree No. 35/2021/ND-CP).

2. The collection, payment, management, and use of service charges specified in Clauses 1, 2, 3, 4 and 5, Article 32 of Decree No. 35/2021/ND-CP shall comply with the guidance of the Ministry of Finance.

Article 2. Regulated entities

1. This Circular applies to:

a) Organizations and individuals that register, post information, select preferred bidders and investors according to Clause 1, Article 1 of this Circular;

b) Organizations and individuals involved in the management and operation of the National E-procurement System.

2. Organizations and individuals that are not regulated in Clause 1, Article 1 of this Circular may choose to apply the provisions of this Circular for registration, information posting, and selection of preferred bidders and investors on the National E-procurement System.

Article 3. Interpretation of terms

1. "The National E-procurement System“ (hereinafter referred to as the System) means an information technology system which is set up and managed by the Ministry of Planning and Investment in accordance with Clause 26, Article 4 of the Procurement Law.

2. Vietnam National E-Procurement Center affiliated to Public Procurement Agency, the Ministry of Planning, and Investment is the operator of the System as prescribed in Article 75 of the Procurement Law.

3. ”e-GP project” means a project of “Application of e-commerce in Government procurement” in the form of Public-Private Partnerships (PPP), approved by Decision No. 1546/QD-BKHDT dated October 30th, 2014 of the Minister of Planning and Investment, and Decision No. 2032/QD-BKHDT dated December 23, 2019 of the Minister of Planning and Investment and other amendments (if any).

4. "BOT contract of e-GP project” means a written agreement and contract addenda (if any) signed between the Ministry of Planning and Investment and the investor selected to execute the e-GP project (Contractor), e-GP Project Enterprise on the State's concession to the Contractor, the e-GP Project Enterprise to invest, design, build, operate, maintain, upgrade and transfer the National E-procurement System in the form of public-private partnership (PPP).

5. “e-GP Project Enterprise” means an enterprise established by the Contractor of e-GP project in accordance with the law with the sole purpose of performing the BOT contract of the e-GP project.

6. “Service charges” means the charges specified in Clause 3, Article 13 of the Procurement Law, Clause 9 Article 9 and Article 86 of Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government on elaboration of the Procurement Law on selection of preferred bidders, Clause 6, Article 32 of Decree No. 35/2021/ND-CP.7. “e-Contract” means a contract formed electronically that is created, sent, received, digitally signed, and stored on the System and has legal validity in accordance with the law on electronic transactions.