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THE MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 07/2024/TT-BKHDT
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Hanoi, April 26, 2024
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CIRCULAR
PRESCRIBING FORMS OF REQUEST FOR PROPOSAL, EVALUATION REPORT, APPRAISAL REPORT, AND REPORT ON INSPECTION OF BIDDING ACTIVITIES
Pursuant to the Law on Bidding dated June 23, 2023;
Pursuant to the Law on Public-Private Partnership Investment dated June 18, 2020;
Pursuant to the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection;
Pursuant to the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects which require bidding as prescribed by specialized laws;
Pursuant to the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 providing guidelines for implementation of the Law on public-private partnership investment;
Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 elaborating on some Articles of the Law on Bidding regarding investor selection;
Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;
At the request of the Director General of the Public Procurement Agency;
The Minister of Planning and Investment of Vietnam promulgates a Circular prescribing forms of request for proposals, evaluation report, appraisal report, and report on inspection of bidding activities.
Article 1. Scope and regulated entities
1. This Circular introduces detailed regulations on forms of request for proposal, evaluation report, appraisal report, and report on inspection of bidding activities.
2. This Circular applies to authorities, organizations and individuals performing or involved in the activities specified in clause 1 of this Article.
Article 2. Use of Forms and Appendixes
1. Forms of the request for proposal (RFP) are used in common direct contracting procedures prescribed in Article 76 and Article 77 of the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection (hereinafter referred to as “Decree No. 24/2024/ND-CP”), including:
a) Form No. 1A used for preparing RFP for construction package;
b) Form No. 1B used for preparing RFP for procurement of goods package;
c) Form No. 1C used for preparing RFP for non-consulting service package;
d) Form No. 1D used for preparing RFP for consulting service package.
RFPs for mixed packages applying direct contracting method, packages applying international direct contracting, and packages applying direct procurement method may be prepared using the forms in this clause on the basis of compliance with provisions of the Law on Bidding and Decree No. 24/2024/ND-CP .
2. Forms of valuation reports include:
a) Form No. 2A used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, and mixed packages applying offline limited bidding or competitive bidding under single-stage one-envelope procedure;
b) Form No. 2B used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, and mixed packages applying offline limited bidding or competitive bidding under single-stage two-envelope procedure;
c) Form No. 2C used for preparing bid evaluation reports for consulting service packages applying offline limited bidding or competitive bidding method.
Reports on evaluation of expressions of interest, prequalification applications or bids for packages applying offline two-stage procedure, and proposals may be prepared using the forms in this clause on the basis of compliance with provisions of the Law on Bidding and Decree No. 24/2024/ND-CP .
3. Forms of appraisal reports are used for both online and offline bidding, including:
a) Form No. 3A used for preparing reports on appraisal of bidding documents;
b) Form No. 3B used for preparing reports on appraisal of list of technically-responsive bidders for packages applying single-stage two-envelope procedure, and packages applying common online quotation procedure;
c) Form No. 3C used for preparing reports on appraisal of contractor selection results.
Reports on appraisal of bidding documents for packages applying two-stage procedure, EOI request, prequalification document, RFPs; appraisal of results of evaluation of EOIs or prequalification applications; appraisal of list of technically-responsive bidders for packages applying two-stage procedure; appraisal of contractor selection results for packages applying two-stage procedure, packages applying online quotation, direct contracting or direct procurement method may be prepared using the forms in this clause on the basis of compliance with provisions of the Law on Bidding and Decree No. 24/2024/ND-CP .
4. Forms used in inspection of bidding activities include:
a) Form No. 4.1A used for preparing a plan for periodic inspection of bidding activities;
b) Form No. 4.1B used for preparing a detailed inspection plan;
c) Form No. 4.2 used for preparing the draft report on performance of contractor/investor selection tasks;
d) Form No. 4.3 used for preparing report on inspection of contractor/investor selection;
dd) Form No. 4.4 used for preparing conclusion on inspection of contractor/investor selection;
e) Form No. 4.5 used for preparing reports on implementation of inspection conclusions.
5. Form No. 5 is used for preparing reports on performance of bidding activities.
6. Appendixes:
a) Appendix 1: Bid closing record (if necessary);
b) Appendix 2A: Bid opening record (for packages applying single-stage one-envelope procedure);
c) Appendix 2B: Record of opening of technical proposals (for packages applying single-stage two-envelope procedure);
d) Appendix 2C: Record of opening of financial proposals (for packages applying single-stage two-envelope procedure);
dd) Appendix 3: Inspection decision;
e) Appendix 4: Inspection notice;
g) Appendix 5: Record of announcement of inspection decision;
h) Appendix 6: Notice of termination of direct inspection.
In case of offline bidding, the request for approval of list of technically-responsive bidders, decision on approval of list of technically-responsive bidders, contract negotiation record, request for approval of contractor selection result, decision on approval of contractor selection result, and commitment may be prepared using the forms in the Appendix enclosed with the Circular No. 06/2024/TT-BKHDT dated April 26, 2024 of the Minister of Planning and Investment of Vietnam providing guidelines for provision and publishing of information on contractor selection and forms of documents used in bidding on Vietnam E-Procurement System (VNEPS), provided that they must comply with provisions of the Law on Bidding and Decree No. 24/2024/ND-CP .
7. Any modifications to the RFP form specified in clause 1 of this Article must be appropriate, convincing, and conformable with provisions of the Law on Bidding and Decree No. 24/2024/ND-CP. Such modifications and reasons thereof must be clearly specified in the request for approval of RFP submitted to the employer. In any case, the employer must ensure that the selected bidder shall meet capacity and experience requirements, and have appropriate technical solutions for executing the package on the schedule and in a manner meeting quality requirement and other requirements set forth in the RFP.
Article 3. Authorities and obligations in charge of submitting reports on performance of bidding activities
1. The Ministry of Planning and Investment of Vietnam shall annually submit consolidated report on performance of bidding activities nationwide to the Prime Minister of Vietnam.
2. Ministries, ministerial agencies, Governmental agencies, other central-government authorities, provincial People's Committees, state-owned enterprises, and other authorities and organizations that are the regulated entities in Article 2 of the Law on Bidding shall submit annual reports on performance of bidding activities in provinces, fields or areas under their management on VNEPS or submit written reports to the Ministry of Planning and Investment of Vietnam if information confidential requirements are imposed.
3. Provincial Departments of Planning and Investment, and units tasked with managing bidding activities shall assist Ministries, ministerial agencies, Governmental agencies, other central-government authorities, provincial People's Committees, state-owned enterprises, and other authorities and organizations in expediting and preparing annual consolidated reports on performance of bidding activities by employers and procuring entities in provinces, fields or areas under their management.
4. Employers and procuring entities shall submit reports on bidding for their packages or projects to Provincial Departments of Planning and Investment or units tasked with managing bidding activities prescribed in clause 3 of this Article.
Article 4. Time limits for submitting reports on bidding activities
1. The Ministry of Planning and Investment of Vietnam shall submit reports to the Prime Minister by April 15 of the year following the reporting period. If this deadline falls on a weekly day off or public holiday as defined in the Labour Code, it shall be extended to the next business day after the day off or the public holiday.
2. Ministries, ministerial agencies, Governmental agencies, other central-government authorities, provincial People's Committees, and state-owned enterprises shall submit reports on VNEPS by February 01 of the year following the reporting period. If this deadline falls on a weekly day off or public holiday as defined in the Labour Code, it shall be extended to the next business day after the day off or the public holiday.
3. Employers and procuring entities shall submit annual reports on their performance of bidding activities by the deadlines set by Provincial Departments of Planning and Investment or units tasked with managing bidding activities.
Article 5. Transition
1. Inspection teams established under inspection decisions issued before the effective date of this Circular shall continue operating under such decisions and provisions of the Circular No. 10/2016/TT-BKHDT dated July 22, 2016 of the Minister of Planning and Investment of Vietnam prescribing supervision, monitoring and inspection of bidding activities.
2. Regarding packages applying direct contracting or direct procurement method:
a) If the RFP is issued within the period commencing on January 01, 2024 to before February 27, 2024, preparation of RFP, evaluation of proposals, appraisal of contractor selection result, and signing and performance of contract shall comply with provisions of the Law on Bidding No. 22/2023/QH15, and provisions of the Decree No. 63/2014/ND-CP which are not contrary to the Law on Bidding No. 22/2023/QH15;
b) If the RFP is issued within the period commencing on February 27, 2024 to before the effective date of this Circular, preparation of RFP, evaluation of proposals, appraisal of contractor selection result, and signing and performance of contract shall comply with provisions of the Law on Bidding No. 22/2023/QH15, and the Decree No. 24/2024/ND-CP ;
c) From the effective date of this Circular, preparation, modification, appraisal and approval of RFPs for packages for which the RFP is not yet issued before the effective date of this Circular must comply with provisions of this Circular.
Article 6. Effect
1. This Circular comes into force from June 15, 2024.
2. The documents listed hereunder shall cease to have effect from the effective date of this Circular:
a) The Circular No. 10/2016/TT-BKHDT dated July 22, 2016 of the Minister of Planning and Investment of Vietnam;
b) The Circular No. 19/2015/TT-BKHDT dated November 27, 2015 of the Minister of Planning and Investment of Vietnam;
c) The Circular No. 23/2015/TT-BKHDT dated December 21, 2015 of the Minister of Planning and Investment of Vietnam;
d) The Circular No. 06/2017/TT-BKHDT dated December 05, 2017 of the Minister of Planning and Investment of Vietnam;
3. Article 10 of the Circular No. 09/2019/TT-BKHDT dated July 29, 2019 of the Minister of Planning and Investment of Vietnam is abrogated.
Article 7. Implementation
1. Ministries, ministerial agencies, Governmental agencies, other central-government authorities, People’s Committees at all levels, and relevant organizations and individuals are responsible for the implementation of this Circular.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment of Vietnam for consideration and guidance./.
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