Chương III Thông tư 08/2022/TT-BKHĐT: Quy định về lựa chọn nhà thầu qua mạng

CIRCULAR

ELABORATING PROVISION AND PUBLISHING OF INFORMATION ON BIDDING AND SELECTION OF CONTRACTORS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

Pursuant to the Law on Procurement of Vietnam dated November 26, 2013;

Pursuant to the Law on E-transactions of Vietnam dated November 29, 2005;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 detailing the implementation of several provisions of the Law on bidding regarding the selection of contractors;

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. 86/2017/ND-CP dated July 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

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

The Minister of Planning and Investment of Vietnam promulgates a Circular elaborating provision and publishing of information on bidding and selection of contractors on Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular hereby details:

a) Contractor selection on Vietnam National E-Procurement System for contract packages of consultancy service, non-consultancy service, commodity, works and drugs under the scope of regulation the Law of Procurement in form of open and limited bidding and national shopping under single-stage and one-envelope, single-stage and two-envelope bidding procedure;

b) Provision and publishing of information on selection of contractors on Vietnam National E-Procurement System, Vietnam Public Procurement Review Journal according to regulations of the Law on Procurement;

c) Management and use of non-returnable bid security and performance security.

2. Online shortlisting and online selection of contractors are currently not applied packages that hold international bidding, mixed packages and packages under two-stage one-envelope, two-stage and two-envelope bidding procedure. International bidding, preparation for bidding documents can apply regulations of this Circular and Circulars on guidelines for bidding for public procurement under the Free Trade Agreements that the Socialist Republic of Vietnam is a member; or carried out under agreements that do not contradict the Law on Procurement and Decree No. 63/2014/ND-CP.

3. Bidding information related to contract packages of projects funded by official development assistance (ODA), concessional loans arising out of international treaties, international agreements between Vietnam and grant funding bodies are recommended to be published in Vietnam Public Procurement Review Journal and item “vốn khác” (other funds) on Vietnam National E-Procurement System.

4. Regarding projects/contract packages containing information of state secrets as per the Law on protection of state secrets, such information shall not 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 2. Regulated entities

1. Organizations or individuals relevant to selection of contractors that fall within the scope of application stipulated in Article 1 hereof.

2. Organizations or individuals engaged in selection of contractors that fall outside of the scope of the Article 1 of this Circular but choose to apply regulations of this Circular. In this case, the procedure for implementation shall follow the User Manual on Vietnam National E-Procurement System.

Article 3. Definitions

1. Vietnam National E-Procurement System (hereinafter referred to as “the System”) refers to the information technology system developed, administered and operated by the Ministry of Planning and Investment at the address http://muasamcong.mpi.gov.vn in accordance with regulations laid down in Clause 26 Article 4 of the Law on Procurement of Vietnam.

2. National Enterprise Registration Information System refers to the system of dedicated information about enterprise registration specified in Clause 2 Article 3 of Decree No. 01/2021/ND-CP.

3. ”Vietnam National E-Procurement Center” (hereinafter referred to as “Center”) affiliated to Public Procurement Agency of the Ministry of Planning and Investment refers to an operating unit of the System as prescribed in Article 85 of the Law on Procurement.

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

a) Decree No. 63/2014/ND-CP: a Government's Decree dated June 26, 2014 detailing the implementation of several provisions of the Law on bidding regarding the selection of contractors;

b) Circular No. 04/2017/TT-BKHDT: a Circular of the Minister of Planning and Investment of Vietnam dated November 15, 2017 on guidelines for selection of bidders through national bidding network system.

c) Circular No. 05/2017/TT-BKHDT: a Circular of the Minister of Planning and Investment of Vietnam dated June 30, 2020 on amendments to certain articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on guidelines for selection of bidders through national bidding network system.

d) Circular No. 15/2019/TT-BYT: a Circular of the Minister of Health of Vietnam dated July 11, 2019 on bidding for provision of drugs for public health facilities

dd) Circular No. 06/2021/TT-BKHDT: a Circular of the Minister of Planning and Investment of Vietnam dated September 30, 2021 detailing collection, payment, management and use of fees for registration, publishing of information, selection of contractors, investors on Vietnam National E-Procurement System, Vietnam Public Procurement Review Journal;

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

g) E-TBMQT: online invitation to submit statement of interest;

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

i) E-HSMQT: online EOI request (EOI: expression of interest);

k) E-HSQT: online expression of interest;

l) E-HSMST: online document on prequalification;

m) E-HSDST: online application for prequalification;

n) E-HSMT: bidding documents used in e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method

o) E-HSDT: bid package used in e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method

p) E-HSDXKT: e-technical proposal;

q) E-HSDXTC: e-financial proposal;

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

a) Information about the project;

b) Plan for selection of contractors;

c) E-TBMQT, E-TBMST, E-TBMT, invitation to bid, invitation for prequalification applications, invitation to submit statement of interest;

d) Shortlist;

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

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) Result of selection of contractors;

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

l) Other electronic document in the System;

6. Improper information refers to information published on the System by entities specified in Article 2 of this Circular that fails to comply with regulations of the Law on Procurement and other relevant laws.

7. Public digital certificate in the System at the address http://muasamcong.mpi.gov.vn refers to a digital certificate granted by a public certification authority.

8. Use manual refers to electronic documents published on the System to instruct users to perform transactions on the System.

9. Organization participating in the System (hereinafter referred to as “participation organization”) refers to agencies and organizations that register participation in the System with one or several roles as follows:

a) Investor;

b) Procuring entities;

c) Bidders;

d) Regulatory unit;

dd) Training centers for bidding.

10. Account of the participation organization (hereinafter referred to as “participation account”) refers to an account granted by the Center to the Organization participating in the System to perform one or several roles specified in Clause 9 of this Article.

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

12. E-GP project management enterprise is an Investment and Development of National E Procurement System Company Limited established by the Investor in accordance with regulations of the BOT contract of the e-GP project.

13. 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 and maintenance, upgrading and transfer of the System in the form of public-private partnership.

Article 4. Application of forms and Appendices

1. Contract package of works:

a) Form No. 1A used to make E-HSMT applying the form of competitive, limited bidding or shopping method under single-stage and one-envelope bidding procedure.

b) Form No. 1B used to make E-HSMT applying the form of competitive or limited bidding under single-stage and two-envelope bidding procedure;

c) Form No. 1C used to make E-HSMST.

2. Contract package of procurement of goods (including bulk purchasing):

a) Form No. 2A used to make E-HSMT applying the form of competitive, limited bidding or shopping method under single-stage and one-envelope bidding procedure.

b) Form No. 2B used to make E-HSMT applying the form of competitive or limited bidding under single-stage and two-envelope bidding procedure;

c) Form No. 2C used to make E-HSMST.

3. Contract package of non-consultancy service;

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

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

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

4. Contract package of consultancy service;

a) Form No. 4A used to make E-HSMT applying the form of competitive or limited bidding under single-stage and two-envelope bidding procedure;

b) Form No. 4B used to make E-HSMQT.

5. Form No. 5 used to make E-HSMT applying the form of shopping according to simplified method;

6. Form of report on evaluation:

a) Form No. 6A used to make report on evaluation of E-HSDT according to the process 01 prescribed in Point a Clause 1 Article 32 of this Circular for contract packages of non-consultancy service, commodity, works under single-stage and one-envelope bidding procedure;

b) Form No. 6B used to make report on evaluation of E-HSDT according to the process 02 prescribed in Point b Clause 1 Article 32 of this Circular for contract packages of non-consultancy service, commodity, works under single-stage and one-envelope bidding procedure;

c) Form No. 6C used to make report on evaluation of E-HSDT for contract packages of non-consultancy service, commodity, works under single-stage and two-envelope bidding procedure;

d) Form No. 6D used to make report on evaluation of E-HSDT for contract package of consultancy service under single-stage and two-envelope bidding procedure;

7. Contract package of procurement of drugs:

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

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

8. Appendices:

a) Appendix 1A: Form of Request for approving result of evaluation of E-HSĐXKT (a package with single-stage and two-envelope bidding procedure)

b) Appendix 1B: Form of Decision on approving list of bidders satisfying technical requirements (a package with single-stage and two-envelope bidding procedure);

c) Appendix 2A: Form of Request for approving the list of Ranking of bidders ( a package with single-stage and one-envelope bidding procedure);

d) Appendix 2B: Form of Request for approving the list of Ranking of bidders (a package with single-stage and two-envelope bidding procedure);

dd) Appendix 3A: Form of Record of Negotiation of Contract (a package of procurement of goods, works, non-consultancy service or mixed package);

e) Appendix 3B: Form of Record of Negotiation of Contract (a package of consultancy service);

g) Appendix 3C: Document collation result form (all contract packages);

h) Appendix 4: Form of Request for approving the result of selection of contractors;

i) Appendix 5: Form of Commitment;

k) Appendix 6: Form of registration of information on legal documents on bidding;

l) Appendix 7: Form of registration of information about foreign contractor who is selected in Vietnam;

m) Appendix 8: Form of registration of information about imposition of penalties for violations against regulations on bidding;

n) Appendix 9: Some regulations of E-HSMT violating Clause 2, Article 12 of Decree No. 63/2014/ND-CP.

9. Contract packages of projects funded by official development assistance (ODA), concessional loans of foreign government, international organizations, intergovernmental or multinational organization, governmental organization authorized by a foreign government to provide to the State or Government of the Socialist Republic of Vietnam: The E-HSMT, E-HSMQT, E-HSMST, report on evaluation of E-HSDT, E-HSQT or E-HSDST shall be made according to the forms specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article if these forms are accepted by the donors.

Article 5. Formats of attachments.

1. A file published in the System must 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, open the file by software including: ZIP, RAR or 7ZIP. In case of compressed files, the files 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 document, E-HSMT.

3. If the files attached to the E-HSDT, E-HSQT, E-HSDST are not made in the given format prescribed in Clause 1 of this Article leading to the fact that it is impossible to open and read this file, it 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. In case of the new deadline for submission of bids, deadline for clarification of E-HSQT, E-HSDST, E-HSDT according to regulations Clause 1 of this Article 1 after 17h00, the System shall automatically extend them to 9h00 in the next date.

3. If the deadline for submission of bids must be extended as prescribed in Clauses 1, 2 and 3 of this Article, the evaluation of E-HSQT, E-HSDST, E-HSDT must be carried out according to the deadline for submission of bids specified in the E-TBMQT, E-TBMST, E-TBMT before system failure.

4. In case it takes a long time to fix the System, the Ministry of Planning and Investment shall be responsible for notification on the System of the method for organizing selection of contractors throughout the failure duration, including offline selection of contractors.

Article 7. Registration to participate in the System and processing of registration application

1. The procedure for registration of the participation organization shall follow the User Manual.

2. Application shall contain:

a) Application form on the System according to the procedure for registration specified in Clause 1 of this Article. In case the legal representative of the participation organization is authorized to sign the application, this authorization must be attached to the System;

b) In case the participation organization is not listed on the National Enterprise Registration Information System, it shall attach a photocopy of the decision on establishment or certificate of registration of enterprise or certificate of registration of household business (individual business household) or other equivalent documents to the System

3. Supplement to registered information on the System:

a) The supplement to registered information on the System (including addition of roles to the Account) shall follow the User Manual.

b) The System shall automatically update information of the participation organization according to National Enterprise Registration Information System.

4. Termination or suspension from participation in the System:

a) In case the participation organization has a request for suspension from all or some of the roles of the participation account, it shall follow the User Manual;

b) In case the participation organization fails to pay the fees for use of services as prescribed in Article 10 of Circular No. 06/2021/TT-BKHDT, the System shall suspend one or several roles of the participation account until the completion of payment according to regulations;

c) In case the participation organization has dissolved, gone bankrupt or ceased to exist in accordance with the Law, the System shall automatically update the termination status of the participation account according to information from National Enterprise Registration Information System;

d) In case the participation account has been terminated or suspended for the role of a bidder, the participation organization does not ensure its eligibility as prescribed at Point d Clause 1 Article 5 of the Law on Procurement, Section 5, Chapter I of the forms E-HSMQT, E-HSMST and E-HSMT issued together with this Circular.

5. Reinstatement of participation account:

The reinstatement of participation account after termination or suspension according to regulations of points a and c of Clause 4 of this Article shall follow the User Manual.

6. Procedure and deadline for processing registration application:

The Center shall be responsible for processing application specified in Clauses 1, 3, Points a, b, d, Clauses 4 and 5 of this Article within 02 working days from the date of receipt of the request on the System and notify of the result of processing to the participation organization via the notice board on the System, email, application of mobile equipment or other information channels and detailed instructions in User manual.

Article 8. 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 the role of the participation organization specified at Points a, b, c and d, Clause 9, Article 3 of this Circular; lock, unlock; reset password, authentication form, login authentication device for task - specific account.

2. Use of digital certificate on the System:

a) The organizations that are issued digital certificates according to regulations of Clause 7 Article 3 of this Circular when participating in the System shall register to use digital certificates according to the User Manual. A digital certificate on the System is the digital certificate issued to the organization;

b) The digital certificate shall be used for creation of digital signature and organization authentication;

c) The registration for the purpose of use, change and destroy information on digital certificate of the participation organization shall be done on the System according to the User Manual;

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

3. If the organization or individual deliberately publishes information specified in Article 8 of the Law on Procurement with false contents, their accounts shall have blocked within 12 months.

Article 9. Sending and receiving e-documents on the System

1. Electronic documents specified in Clause 5, Article 3 of this Circular shall have their legal validity recognized, serve as a basis for comparison and authentication for evaluation, appraisal, supervision, audit and disbursement according to regulations of Clause 5, Article 85 of Decree No. 63/2014/ND-CP.

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. In case the user sends an electronic document on the System, the System must respond to the user whether the submission is successful or unsuccessful.

4. The participation organizations that make successfully registration on the System shall be entitled to export the status of their electronic documents and other information on the System. The information on transaction history shall be used for resolving any dispute that may arise from sending and receiving e-documents on the System.

5. The entity in charge of inspection, supervision, audit and disbursement may 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 10. Information technology infrastructure requirements

The participation organization shall meet the requirements for infrastructure of information technology specified in Clause 1, Article 79 and Clause 1, Article 80 of the Law on Procurement and detailed instructions in the User Manual.

Chapter II

PROVISION AND PUBLISHING OF BIDDING INFORMATION

Section 1. INFORMATION AND PROCEDURE FOR PUBLISHING ON THE SYSTEM

Article 11. Information about the qualifications of the bidder

1. Information on the qualifications of bidders on the System includes:

a) General information about the bidder

b) Figures on annual financial statements;

c) Information about contracts that have been performed;

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 their qualifications according to regulations of Clause 1 of this Article on the System and take legal responsibility 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 qualifications of the bidder shall be authenticated by the digital signature.

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 a bidder makes untruthful declaration in order to gain financial benefits or other benefits or to avoid any obligation, it shall be considered fraud as prescribed in Clause 4, Article 89 of the Law on Procurement.

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

Article 12. Information about projects, plans for selection of contractors

1. Time of publishing:

Information about the plan for selection of contractor shall be published on the System by the investor (development investment project) or the procuring entity (regular procurement) within 07 working days from the date on which the plan is approved. The project background information shall be published concurrently with the plan for selection of contractor.

2. Attachments:

The investor (development investment project) or the procuring entity (regular procurement) shall attach the decision on approval for the plan for selection of contractor during the process of publishing of the plan for selection of contractor.

3. The plan for selection of contractor for bidding packages under the project shall be made according to the plan for allocation of capital for the whole project. It is not required to make a plan for selection of contractor according to the capital plan of each year.

Article 13. Invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST

The procuring entity shall publish an invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST on the System according to the progress and timeframe for the contractor selection in the approved plan for selection of contractor. The revisions or cancellation of invitation to submit statement of interest, 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 14. 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 right after the invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT or E-TBMST is successfully published. During the publishing of invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST, the procuring entity shall attach the following documents:

- Decision on approval for the procuring entity's documents;

- The approved Documents.

The investor or the procuring entity is not allowed to issue the paper documents (EOI request, document on prequalification) to the bidder. In case the investor or the procuring entity issues the paper documents, the paper 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 the approved contents, the procuring entity's documents issued on the System shall be the basis for making and evaluation of the expression of interest, application for prequalification, E-HSQT, E-HSDST.

2. Revisions:

a) Offline selection of contractors: In case of revisions to the EOI request, document on prequalification after being 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, document on prequalification;

- Decision on revisions and EOI request or document on prequalification which has been modified, clearly indicating the revisions.

b) E-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall publish the following documents on the System:

- A decision on revisions, accompanied by the revisions to E-HSMQT, E-HSMST;

- Revised E-HSMQT, E-HSMST.

3. Clarification:

a) A prospective bidder requiring any clarification of the EOI request or 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 the 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, prequalification document, E-HSMQT, E-HSMST may not contravene the approved EOI request, prequalification document, E-HSMQT, E-HSMST. If the procuring entity deems it necessary to revise the EOI request, prequalification document, E-HSMQT, E-HSMST as a result of a clarification, it shall do so following the procedure in Clause 2 hereof in conformity with the timeframe requirement specified in Point m Clause 1 Article 12 of the Law on Procurement.

Article 15. Shortlist

1. Time of publishing:

The procuring entity shall publish the shortlist on the System within 07 working days from the date on which the shortlist is approved.

2. Attachments:

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

Article 16. Invitation to bid, E-TBMT

The procuring entity shall publish an invitation to bid, E-TBMT on the System according to the progress and timeframe for the contractor selection in the approved plan for selection of contractors. The 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 17. Issuance, revisions and clarification of bidding document, E-HSMT

1. Issuance:

a) During the publishing of invitation to bid, E-TBMT, the procuring entity must attach the following documents:

- Decision on approval for bidding document, E-HSMT;

- Approved bidding document, E-HSMT;

Offline selection of contractors: Bidding documents shall be issued on the System right after the invitation for bid is successfully published; If bidding documents (electronic documents that have been issued on the System) are sold as prescribed in Clause 1 Article 9 of Decree No. 63/2014/ND-CP , the bidder must pay to the procuring entity an amount equal to the price of the bidding documents when submitting bid package. The procuring entity is not allowed to issue the bidding documents in form of the paper documents to the bidder. If the procuring entity issues the paper document, the document does not have its legal validity recognized in order to make and evaluate bid package.

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

2. Revisions:

a) Offline selection of contractors: In case of revisions to the bidding documents after being 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 the bidding documents;

- A decision on revisions and the bidding documents which have been modified, clearly indicating the revisions.

b) E-selection of contractors: In case of revisions to E-HSMT after being issued, the procuring entity shall publish the following documents on the System:

- A decision on revisions, accompanied by the revisions to E-HSMT;

- Revised E-HSMT.

3. Clarification:

a) Offline selection of contractor: A bidder requiring any clarification of bidding documents shall contact with 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 handling;

E-selection of contractor: A bidder requiring any clarification of E-HSMT shall contact with the procuring entity through the System within at least 03 working before the deadline for submission of bids for consideration and handling;

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 may not contravene the bidding documents, E-HSMT which has been approved. 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 in conformity with the timeframe requirement specified in Point m Clause 1 Article 12 of the Law on Procurement and Point c, Clause 2, Article 64 of Decree No. 63/2014/ND-CP;.

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by bidders where 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 must 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 18. Cancellation, renewal or modification of published information

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

Article 19. Result of selection of contractor;

1. Time of publishing:

The procuring entity shall publish the result of selection of contractor on the System within 07 working days from the date on which the result of selection of contractors is approved.

2. Attachments:

a) Decision on approval for the result of selection of contractor;

b) A report on evaluation of E-HSDT for e-selection of contractor (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 throughout the issuance of the E-HSMT or the plan for selection of contractors has been published when handling a situation under Clause 8 Article 117 of Decree No. 63/2014/ND-CP, the procuring entity shall update the estimate and attach the decision on approval for the estimate.

3. In case of procurement package, the detailed information on goods provided by the successful bidder, including the list of goods, symbols, description of goods, origin, volume, bid-winning unit price, shall be published.

Article 20. Procedures for publishing information on the System

Procedures for publishing information in Articles 11, 12, 13, 14, 15, 16, 17 and 19 of this Circular shall follow User Manual.

Section 2. RESPONSIBILITIES OF RELATED PARTIES

Article 21. Responsibilities of investors

1. Fulfill responsibilities specified in Clauses 1, 5, 8, 10 and 13 Article 74 of the Law on Procurement.

2. 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.

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

4. Manage and take charge of the distribution of power to the task - specific account corresponding to the role of the investor; manage the use of digital certificates on the System.

Article 22. Responsibilities of the procuring entity

1. Fulfill responsibilities specified in Points a, b, c, d, k Clause 1 and Points a, b, c, dd, e, k Clause 2 Article 75 of the Law on Procurement.

2. Publish information about the foreign contractor who succeeds in bid in Vietnam on the System according to Appendix 7 promulgated together with this Circular. The publishing shall follow the User Manual. The information shall be sent to the Public Procurement Agency affiliated to the Ministry of Planning and Investment within 07 working days from the date of approval for the result of contractor selection as prescribed in Point c Clause 1 Article 128 of Decree No. 63/2014/ND-CP .

3. In case of contract package under international competitive bidding, the procuring entity must publish the information specified in Articles 13, 15, 16, 18 and 19 of this Circular in Vietnamese and English.

4. The procuring entity shall be responsible for the consistency of the documents published on the System with the approved documents. In case there is a discrepancy between the documents published on the System and the approved documents, the documents published on the System shall prevail.

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

6. Manage and take charge of the distribution of power to the task - specific account corresponding to the role of the procuring entity; manage the use of digital certificates on the System.

Article 23. Responsibilities of bidders

1. Apply for participation in the System to be approved according to the regulations of Article 7 of this Circular before the deadline for submission of bids to ensure their eligibility as prescribed at Point d Clause 1 Article 5 of the Law on Procurement

2. Fulfill responsibilities specified in Clauses 1, 2, 3, 4 and 5 Article 77 of the Law on Procurement.

3. Provide and publish information on bidding on the System, take responsibility under Article 80 of the Law on Procurement, Article 7 of Decree No. 63/2014/ND-CP.

4. Manage participation account and digital certificate on the System.

Article 24. 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, ensure that the System operates stably, continuously, safely and securely;

b) Develop User Manuals; support participation organizations in the process of online registration, provision and publishing of information, selection of contractors;

c) Provide communication, training and guidance to the participation organization; perform services related to information on bidding, e-selection of contractor.

d) Cooperate with E-GP project management enterprise in fulfilling responsibilities specified in Clauses 2, 4 and 5 Article 85 of the Law on Procurement.

2. E-GP project management enterprise shall:

a) Fulfill responsibilities specified in Article 85 of the Law on Procurement;

b) Ensure safety of information; security of the System's database;

c) Ensure the integrity of the documents on the System; prevent unauthorized access, illegal substitution of documents;

d) Ensure the safety, security users and manage the profiles of users; ensure that the System has a mechanism to keep track of time and actions on the System;

dd) Develop the System that ensures compatibility with other systems and friendly interface, meets standards in the field of information technology. Develop the System that is convenient and easy to use for users;

e) Have a mechanism for management of the risk of the System. Withstand large information traffic...;

g) Fail to use information about projects, bid packages, contractors, investors, procuring entities and other information on the System to serve other purposes outside of the development and operation of the System;

h) Ensure that the hardware system meets the requirements

The E-GP project management enterprise shall be responsible to the Law for the contents mentioned at points b, c, d, e, g and h of this clause. In case of any error, the e-GP project management enterprise and relevant individuals shall be subject to consideration and sanction according to the regulations of the BOT contract of e-GP project and relevant laws.

3. Vietnam Public Procurement Review Journal shall:

a) Review and detect invalid information as prescribed in Clause 6 Article 3 of this Circular and notify the investor, procuring entity within 01 working day from the time the investor, procuring entity itself publish information on the System. 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 13, 15, 16 and 18 of this Circular for 01 period on the Vietnam Public Procurement Review Journal within 02 working days from the day on which the investor or procuring entity publishes the information itself on the system as prescribed in Clause 3 Article 8 of Decree No. 63/2014/ND-CP.

4. In case of any error in the publishing of information on bidding such as delayed publishing, incorrect contents or intentionally not publishing information, causing damage to procuring entities, bidders and investors, the VPPR Journal must publish public correction in accordance with law on press. Depending on the severity of errors, relevant organizations and individuals of the VPPR Journal will be subject to sanctions in accordance with the Law on officials, public employees and workers and other relevant laws.

Chapter III

REGULATIONS ON E-SELECTION OF CONTRACTORS

Article 25. Preparation, submission, validation, approval for E-HSMQT, E-HSMST, E-HSMT

1. The procuring entity shall prepare E-HSMQT, E-HSMST, E-HSMT on the System. After preparation for E-HSMQT, E-HSMST, E-HSMT, the procuring entity shall submit to the investor for validation, approval for E-HSMQT, E-HSMST, E-HSMT. The approval for E-HSMQT, E-HSMST, E-HSMT shall be done offline.

2. The E-HSMT shall include all necessary information to serve as a basis for preparation for E-HSDT of the bidder. In case the investor or the procuring entity publishes E-HSMT with incomplete information (lack of design, drawings...) or unclear information causing difficulties for the bidder in preparation for 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 a contract package of procurement of goods, works and non-consulting service, the bid data sheet, criteria for evaluation of legitimacy, requirements for qualification in E-HSMST, E-HSMT shall be digitized as a webform on the System. The investor or the procuring entity shall not attach other required files on data sheets, criteria for evaluation of legitimacy, requirements for qualifications in E-HSMST, E-HSMT. The data sheets, criteria for evaluation of legitimacy, requirements for qualifications that are not digitized as a webform shall not be considered as a part of the E-HSMST, E-HSMT and the bidders do not must meet these requirements.

4. Contract package used for prequalification: If there is any change to the bidder’s qualification between the E-HSDT and the application for prequalification, the bidder must update his/her qualification.

5. In case the E-HSMT contains contents that restrict the bidders from participation; create advantages for one or multiple bidders leading unfair competition or violate regulations of Clause 2, Article 12 of the Decree No. 63/2014/ND-CP stated in Appendix 9 issued with this Circular, the procuring entity, expert group shall not reject E-HSDT that fails to satisfy these contents.

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

Article 26. Responsibilities of bidders throughout the process of making of bid

1. The bidder shall be responsible for the accuracy of information declared on the webform and the attached documents throughout the process of making of bid. 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 as follows:

a) Information about the legitimacy of E-HSDT:

- Bid security: the bidder shall declare the information and attach a scanned copy of the bid security;

- Other contents: the bidder shall only declare the information on webform and not attach scanned copies of relevant documents;

b) Information about qualifications:

- Similar contract, capacity for production: the bidder shall declare and attach relevant documents to prove the declared information;

- Requirement for financial resource: the bidder shall declare information. In case the bidder uses the commitment to provide credit in order to prove financial resource, in addition to compulsory declaration of information, the bidder shall attach a scanned copy of commitment to provide credit;

- Annual revenue, net asset value: from 2021 onwards, the System shall automatically extract the figures on financial statement the National Enterprise Registration Information System, the Electronic Tax System to the file of the bidder's qualification;

- Other contents: the bidder shall only declare the information on webform and not attach scanned copies of relevant documents;

Figures on financial statement 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 leading to the misleading results of contractor selection, it shall be considered fraud as prescribed in Clause 4, Article 89 of the Law on Procurement.

2. The bidder shall be responsible for research on E-HSMQT, E-HSMST, E-HSMT for the contract 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 the E-HSMT, E-HSMST and E-HSMT contain unclear contents causing difficulties for the bidder in preparation for the E-HSQT, E-HSDST and E-HSDT, the bidder shall request the procuring entity to clarify the 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 the contractor 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 leading to disadvantages for bidder throughout the process of making of bid, 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 take responsibility and suffer from disadvantage throughout the process of making of bid .

4. In case the legal representative of the bidder authorizes the branch director, the director of dependent subsidiary company, the director of the factory… to perform the tasks throughout the process of making of bid, the participation account of the bidder shall be used to make the bid. The participation account of the branch, the dependent subsidiary company and the factory shall not be used to make the bid in this case. If the participation account of the branch or the dependent subsidiary company is used to make the bid, the bidder shall be considered as ineligibility as prescribed in Clause 1, Article 5 of the Law on Procurement.

Article 27. Licence to sell goods and samples

1. Licence to sell goods:

a) With regard to normal, common and available-at-market goods and those which have been standardized and for which warrants are issued in accordance with manufacturer’s regulations, the E-HSMT shall not lay down requirements to which bidders are obliged to submit the manufacturer’s license to sell goods or the partnership certificate or other equivalent.

b) With regard to particular and complex goods of which the contract for procurement binds manufacturers to furnish after-sale services such as warranty, maintenance, repair and provision of components or spare parts, technical support services as well as other relevant services, the E-HSMT shall lay down requirements to which bidders are obliged to provide the manufacturer’s license to sell goods

In case the E-HSMT lays down specific requirements for the licence to sell goods (manufacturer's license to sell goods or commitment to technical support or warranty...) the bidder shall only show one of the following documents before signing the contract including: a license to sell goods of the manufacturer or the dealer authorized to sell goods; a partnership certificate; a manufacturer's commitment to technical support or warranty or other equivalent;

c) The failure to attach one of the documents specified at point b of this clause is not the reason for the rejection of the bidder. The bidder shall be reviewed, evaluated and considered for success in bid. In case of winning the bid, the contractor shall show one of these documents before signing the contract.

2. 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 include a request for supplying samples, the bidder may supply additional samples within 05 working days after the deadline for submission of bids.

Article 28. Certificate of capacity for construction of works

In case of contract package of works, the bidder can attach the certificate of capacity for construction of works or not attach this certificate in the E-HSDT, even if the E-HSMT lays down requirements for certificate of capacity for construction of works. The failure to attach the certificate of capacity for construction of works is not a reason for the rejection of the bidder. E-HSDT of the bidder shall be reviewed, evaluated and considered for success in bid. In case of winning the bid, the contractor shall show the certificate of capacity for construction of works before signing the contract.

Article 29. Regulations on commitments, principle contracts

In case the E-HSMT lays down requirements for commitment, principle contract for rental of equipment, provision of main materials, warranty, repair and maintenance that fail to be attached to E-HSDT, the procuring entity shall request the bidder to clarify the E-HSDT, supplement documents within the suitable time that is no less than 03 working days to serve as the basis for evaluation of the E-HSDT.

Article 30. Regulations on key personnel, equipment

1. Requirements for key personnel;

a) Contract package of procurement of goods

- In case of provision of goods, E-HSMT shall not lay down requirements for mobilization of key personnel;

- In case of common and available-at-market goods that do not require highly-qualified personnel to perform relevant services, E-HSMT shall not lay down requirements for key personnel;

- In case of particular and complex services that require the personnel who have qualification, knowledge and experience, E-HSMT may lay down requirements for mobilization of key personnel to perform particular and complex works. In case of requirements for mobilization of key personnel, the written request for approval for E-HSMT shall clearly state the reasons for the investor to consider and decide. The investor and procuring entity shall ensure that the requirements for mobilization of key personnel fail to restrict the bidders from participation; create advantages for one or multiple bidders leading unfair competition.

b) Contract package of works:

According to the scale and nature of the contract package and the Law on Construction, the investor shall lay down appropriate requirements for key personnel in the E-HSMT. E-HSMT shall not lay down requirements for key personnel for positions that the Law on Construction fails to have any requirement for standards; general engineering, engineering workers, manual labor.

c) Contract package of non-consultancy service;

In case of contract package of non-consultancy service that does not require highly-qualified personnel, E-HSMT shall not lay down requirements for key personnel. In case of non-consultancy service with particular and complex elements that requires the personnel who have qualification, knowledge and experience, E-HSMT may lay down requirements for mobilization of key personnel to perform particular and complex works. In case of requirements for mobilization of key personnel, the written request for approval for E-HSMT shall clearly state the reasons for the investor to consider and decide. The investor and procuring entity shall ensure that the requirements for mobilization of key personnel fail to restrict the bidders from participation; create advantages for one or multiple bidders leading unfair competition. E-HSMT shall not lay down requirements for engineering workers, manual labor.

d) Contract package mentioned at Points a, b and c of this Clause with requirements for key personnel: in case the key personnel who are declared by the bidder in the E-HSDT do not meet the requirements of the E-HSMT, the procuring entity shall let the bidder clarify, change and supplement key personnel to meet the requirements of the E-HSMT within the suitable time that is no less than 03 working days. In case of each personnel who does not meet requirements, the bidder shall be allowed to replace the personnel once. In case the bidder does not have personnel to replace according to the requirements of the E-HSMT, the E-HSDT will be rejected.

2. Requirements for main equipment (contract package of non-consultancy service (if any), or works);

a) According to the scale and nature of the contractor package, the procuring entity shall lay down appropriate requirements for the main equipment (quantity, type, function, capacity...);

b) In case the equipment declared by the bidder in the E-HSDT does not meet the requirements of the E-HSMT, the procuring entity shall let the bidder clarify, change or supplement the equipment to meet the requirements of the E-HSMT within the suitable time that is no less than 03 working days. In case of each equipment that does not meet requirements, the bidder shall be allowed to replace the equipment once. In case the bidder does not have equipment to replace according to the requirements of the E-HSMT, the bidder will be rejected.

3. In case of winning the bid and signing the contract, the contractor shall be obliged to mobilize personnel and equipment according to the original proposal or proposal for change under the regulations of Point d Clause 1 and Point b Clause 2 of this Article. In case of failure to mobilize personnel, equipment, the contractor shall be subject to penalties according to the contract and assessed on its reputation when participating in other contractor packages.

4. In all cases, if the bidder declares personnel and equipment in an untruthful manner, the bidder must not replace other personnel and equipment as prescribed at Point d Clause 1 and Point b Clause 2 of this Article. The E-HSDT of the bidder shall be rejected. It shall be considered as fraud according to the regulations of Clause 4, Article 89 of the Law on Procurement. The bidder shall be sanctioned according to the provisions of Clause 1, Article 122 of Decree No. 63/2014/ND-CP.

Article 31. Bid opening via e-selection of contractors

1. Contract packages under single-stage and one-envelope bidding procedure:

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

2. Contract packages under single-stage and two-envelope bidding procedure:

a) The procuring entity must 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 document on approval for the list of bidders who meet the technical requirements on the System. After successful publishing, the System shall send a notification to the bidders participating in the contract packages;

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

Article 32. Evaluation of E-HSDT

1. Process of evaluation of E-HSDT:

a) Process 01: all contract packages

- Evaluate the legitimacy of E-HSDT;

- Evaluate qualifications;

- Evaluate technical aspects;

- Evaluate finance.

b) Process 02: Contract package of procurement of goods or non-consultancy service under single-stage and one-envelope bidding 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 System shall automatically rank bidder according to the lowest bid price (without approving the list of ranked bidders in this case);

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

- Evaluate qualifications of the first-ranked bidder;

- Evaluate 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) In case of contract package under single-stage and one-envelope bidding procedure, according to E-HSDT submitted by the bidders on the System and the method of evaluation of 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. The E-HSDT shall only be evaluated under the process 02 if all the conditions specified at Point b of this Clause are fully satisfied.

2. Principle of evaluation of E-HSDT:

a) The evaluation of the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT and other requirements in the E-HSMT, E-HSMT clarification documents, submitted E-HSDT, documents on explanation and clarification of E-HSDT of the bidder to ensure that the selected contractor has qualification with feasible solutions to implement the contract package;

b) After selection of shortlist, in case the bidder changes his/her eligibility to participate in bidding, the bidder shall send a written request to the procuring entity for consideration and approval. In case of being approved by the procuring entity, the bidder shall attach documents that prove the bidder’s qualification in the E-HSDT according to the new eligibility to participate in bidding;

c) Contents that are automatically evaluated by the System: If the bidder fails to make declaration or makes an untrue, incomplete, unresponsive declaration compared to the requirements prescribed in E-HSMT, the System will evaluate the bidder as failed as to this item. The expert group shall not change the result of evaluation from "failed" to "passed" when the System has evaluated “failed”. In case the information that the bidder commits and declares in E-HSDT is untrue leading to misleading result of evaluation of E-HSDT of the bidder, the bidder shall be considered as a fraudster and sanctioned according to regulations specified in Clause 1, Article 122 of Decree No. 63/2014/ND-CP;

d) Bid security: in case the information declared on the webform is not consistent with the information in the attached file, the information in the attached file shall be the basis for evaluation;

dd) Similar contract: in case the information about the contract declared on the webform is not consistent with the file proving the information about that contract, the procuring entity shall request the bidder to clarify the E-HSDT;

In case the contracts declared and attached by the bidder in the E-HSMT fail to meet the requirements of the E-HSMT, the procuring entity shall request the bidder to clarify and supplement another contract from the document on the bidder’s qualification on the System in order to meet the requirements of E-HSMT within the suitable time that is no less than 03 working days. In case the bidder does not have contract to meet the requirements of the E-HSMT, the bidder will be rejected.

e) Origin of goods: the information declared on the webform is not consistent with the information in the attached file, the procuring entity shall request the bidder to clarify E-HSDT;

g) Other contents that are not mentioned at Points d, dd and e of this Clause: in case the information declared on the webform is not consistent with the information in the attached file, the information declared on the webform shall be the basis for consideration and evaluation;

h) As for financial evaluation: if the bidder fails to declare information in the form on incentives for domestical goods (contract package of procurement of goods) to serve as a basis for calculation of incentives, the bidder shall not be entitled to incentives;

i) The bidder who is invited to negotiate the contract shall prepare documents to compare and prove the information declared by the bidder in the E-HSDT. In case the contents of legitimacy, previous contract non-fulfillment records due to the bidder’s fault, fulfillment of tax obligations, average annual revenue and net asset value have been automatically evaluated by the System as "passed" according to the information declared and extracted in the E-HSDT, but the expert group re-evaluates as "failed", the expert group shall change the result of evaluation from "passed" to "failed". In this case, the procuring entity shall invite the next ranked bidder to negotiate the contract without re-approving the ranked list. With regard to information on the fulfillment of tax obligations, average annual revenue and net asset value from 2021 onwards, the procuring entity shall only compare if the bidder updates the information without comparison in case the above information is automatically extracted by the System from National Enterprise Registration Information System, the Electronic Tax System.

3. 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.

4. 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 written paper of E-HSDT evaluation report signed by the members of the expert group.

5. The list of ranking of bidders shall not be subject to verification prior to approval.

Article 33. Submission, validation, approval for the result of selection of contractors

1. The procuring entity shall make report according to Appendix 4 issued with this Circular and submit the report and the E-HSDT evaluation report to the investor for approval of the result of selection of contractors.

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 34. The time limit for preparation for E-HSDT in case of e-competitive bidding for contract package under case of direct contracting and contract package of simple consultancy service.

1. Contract package under case of direct contracting according to regulations of Clause 1 Article 22 of the Law on Procurement: if the person competent decides to apply e-competitive bidding, the time limit for preparation for E-HSDT shall be 10 days.

2. In case of contract package of simple consultancy service applying the lump-sum contract, the time limit for preparation for E-HSDT of shall be 10 days.

Article 35. E-bidding for provision of drugs

1. The procuring entity shall prepare E-HSMT with the following contents:

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

b) The remaining contents of the E-HSMT shall by 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 the regulations of Circular No. 15/2019/TT-BYT. The evaluation of the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT and other requirements in the E-HSMT, submitted E-HSDT, documents on explanation and clarification of E-HSDT of the bidder to ensure that the selected contractor has qualification with feasible solutions to implement the contract package;

3. After preparation for 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 between the contents of approved E-HSMT and contents of E-HSMT on the System. In case, there is difference between the contents of approved E-HSMT and contents of E-HSMT on the System, the contents of E-HSMT on the System shall be 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 be the basis for preparation and evaluation of E-HSDT.

7. The bidder shall make the schedule of bid price according to the webform, 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 on the webform and the information in the attached file of E-HSDT, the information on the webform shall be 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

PROCEEDS FROM NON-RETURNABLE BID SECURITY AND PERFORMANCE SECURITY

Article 36. Proceeds from non-returnable bid security and performance security

In case the bidder violates regulations of Law on Procurement, which makes their bid security or performance security non-returnable as prescribed in Clause 8 Article 11 and Clause 5 Article 66 of the Law on Procurement, the proceeds from non-returnable bid security or performance security shall be used as follows:

1. In case of projects and packages funded by state budget, these proceeds shall be transferred to the state budget according to the provisions of law on the state budget.

2. In case of projects and packages not funded by state budget, these proceeds shall be used according to the investor's financial regulations.

3. In cases where the procuring entity is a hired consulting unit, this proceed must be returned to the investor. The investor shall use this proceed according to the provisions of Clauses 1 and 2 of this Article.

Chapter V

IMPLEMENTATION

Article 37. Roadmap for application of e-selection of contractors

1. In 2022:

a) Hold e-selection of contractors for all (100%) packages applying competitive bidding, shopping method in the fields of goods, non-consulting services, and consulting services with the package price not exceeding 10 billion VND and in the field of construction works with the package price not exceeding 20 billion VND, except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure;

b) The holding of e-selection of contractors in the year shall ensure that the total number of packages reaches at least 80% of the number of packages and total value of packages reaches at least 70% of the total value of packages applying the form of competitive bidding and shopping method, except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure

c) Hold e-selection of contractors for all (100%) bidding packages applying competitive bidding, shopping method funded by state capital for procurement in order to maintain regular operations of regulatory agencies, political organizations, and socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public service providers; except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure.

2. In 2023:

a) Hold e-selection of contractors for all (100%) packages applying competitive bidding, limited bidding and shopping method in the fields of goods, drugs, construction works, non-consulting services, and consulting services with the package price not exceeding 200 billion VND except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure;

b) The holding of e-selection of contractors in the year shall ensure that the total number of packages reaches at least 90% of the number of packages and total value of packages reaches at least 80% of the total value of packages applying the form of competitive bidding, limited bidding and shopping method, except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure

c) Hold e-selection of contractors for all (100%) bidding packages applying competitive bidding, shopping method funded by state capital for procurement in order to maintain regular operations of regulatory agencies, political organizations, and socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public service providers; except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure.

3. From 2024 onwards:

a) Hold e-selection of contractors for all (100%) packages applying competitive bidding, limited bidding and shopping method in the fields of goods, drugs, construction works, non-consulting services, and consulting services with the package price not exceeding 500 billion VND except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure;

b) The holding of e-selection of contractors in the year shall ensure that the total number of packages reaches at least 95% of the number of packages and total value of packages reaches at least 90% of the total value of packages applying the form of competitive bidding, limited bidding and shopping method, except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure;

c) Hold e-selection of contractors for all (100%) bidding packages applying competitive bidding, shopping method funded by state capital for procurement in order to maintain regular operations of regulatory agencies, political organizations, and socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public service providers; except for mixed packages and contract packages under two-stage one-envelope, two-stage and two-envelope bidding procedure.

Article 38. Transitional clauses

1. Approved contract package that applies e-selection of contractors and E-HSMT of which has been prepared in accordance with the regulations of Circular No. 04/2017/TT-BKHDT, Circular No. 05/2020/TT-BKHDT:

a) In case of contract package E-HSMT of which has been published on the System before the effective date of this Circular, the contractor selection shall be carried out according to the published E-HSMT and regulations of the governing law. In this case, the bid opening, publishing of information throughout the process of contractor selection on the System at http://muasamcong. mpi.gov.vn shall use the specialized digital certificate issued by the Center;

b) In case of contract package E-HSMT of which has not been prepared or has been prepared and approved without being published on the System, the E-HSMT shall be revised and re-approved according to the regulations of this Circular.

2. Approved contract package that fails to apply e-selection of contractors:

 a) In case of contract package the bidding documents of which have been published on the System before the effective date of this Circular, the contractor selection shall be carried out according to the issued E-HSMT and regulations of the governing law.

b) In case of contract package the bidding documents of which have not been prepared or have been prepared and approved before the effective date of this Circular without being published on the System, the bidding documents shall be revised and re-approved as prescribed in Clause 8, Article 39 of this Circular.

3. Shortlisting:

a) In case of contract package EOI request and prequalification document of which have been issued before January 1, 2023, the shortlisting shall be made in accordance with the issued documents and regulations of the governing law;

b) From January 1, 2023, if the approved contract package fails to apply the online shortlisting and its EOI request and prequalification document has not been issued, the online shortlisting shall be organized in accordance with the provisions of this Circular. In this case, the competent person shall not revise the plan for selection of contractors.

4. Bidding for provision of drugs:

a) In case of contract package the bidding documents of which have been issued before January 1, 2023, the contractor selection shall be carried in accordance with the issued bidding documents and regulations of the governing law;

b) From January 1, 2023, if the approved contract package fails to apply e-selection of contractors and its bidding documents have not been issued, e-selection of contractor shall be carried in accordance with the regulations of this Circular. In this case, the competent person shall not revise the plan for selection of contractors.

5. From the effective date of this Circular, if the approved bidding package fails to apply e-selection of contractors and its bidding documents have not been issued, the e-selection of contractors shall be carried according to roadmap for application of e-selection of contractors specified in Article 37 of this Circular.

In all situations, in case of change of the form of selection of contractors from “offline” to “online”, the investor shall not submit the plan for selection of contractors to the competent person for approval and adjustment. The investor shall proactively conduct and adjust the form of selection of contractors on the System from “offline" to “online”. The process of adjustment shall follows the User Manual.

Article 39: Entry into force

1. This Circular comes into force as of August 01, 2022.

2. From the effective date of this Circular, the following circulars will expire:

a) Circular No. 01/2015/TT- BKHDT dated February 14, 2015 of the Minister of Planning and Investment of Vietnam on making of requests for expression of interest, invitation to bid, request for proposals for consulting services

b) Circular No. 03/2015/TT- BKHDT dated May 06, 2015 of the Minister of Planning and Investment of Vietnam on specifying preparation of invitation to bid on construction works;

c) Circular No. 05/2015/TT- BKHDT dated June 16, 2015 of the Minister of Planning and Investment of Vietnam on specific provisions on preparing the invitation for bid on procurement of goods;

d) Circular No. 14/2016/TT- BKHDT dated September 29, 2016 of the Minister of Planning and Investment of Vietnam on guidelines for Bidding Documents for Procurement of Non-consulting Services;

dd) Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Minister of Planning and Investment of Vietnam on guidelines for selection of bidders through national bidding network system.

e) Circular No. 05/2018/TT-BKHDT dated October 12, 2018 of the Minister of Planning and Investment of Vietnam on guidelines for reports on bid evaluation concerning contract packages associated with selection of preferred bidders on national bidding network.

g) Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and Investment of Vietnam elaborating online provision and publishing of information on bidding, roadmap for application of e-selection of preferred bidders and management and use of non-returnable bid security and performance security.

h) Circular No. 05/2020/TT-BKHDT of the Minister of Planning and Investment of Vietnam dated June 30, 2020 on amendments to certain articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on guidelines for selection of bidders through national bidding network system.

2. In case of contract package applying the shortlisting, contract packages of procurement of drugs, the online prequalification, invitation for interest and procurement of drugs in accordance with this Circular shall be carried from January 1, 2023.

3. In case, the information in the process of contractor selection must be kept confidential and not be published on the System, the competent person shall decide publishing of information throughout the process of contractor selection.

4. Particular contract package: in case of application of regulations of the form of E-HSMT issued together with this Circular, there is no any bidder who meets the requirements for average annual revenue or similar contract. In this case, the procuring entity shall adjust these requirements according to the following principles:

a) The adjustments to requirements for average annual revenue and similar contract that are different from the regulations of forms of E-HSMT shall ensure that the division of contract packages is reasonable and the scale of contract packages is not too large to restrict competition;

b) When submitting E-HSMT for approval, the procuring entity shall clearly state the revisions to E-HSMT in the report for the investor to consider;

c) In all cases, the investor shall ensure failure to restrict the bidders from participation. The selected contractors shall have qualification to implement the contract packages.

5. Contract packages of procurement of drugs: in case of technical difficulties in e- selection of contractors, the Ministry of Planning and Investment shall be responsible for providing guidance. The Ministry of Health shall be responsible for providing guidance on handling of problems regarding the implementation of Circular No. 15/2019/TT-BYT.

6. The figures on annual financial statement of the bidders shall be shared from the National Enterprise Registration Information System and the Electronic Tax System.

7. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

8. From the effective date of this Circular, when preparing the bidding documents for e- selection of contractors, the investor and the procuring entity shall apply the forms of E-HSMT issued together with this Circular in accordance with the Law on Procurement , Decree No. 63/2014/ND-CP.

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

10. According to actual condition, Public Procurement Agency of the Ministry of Planning and Investment may make necessary revisions to webforms on the System to enable entities to select bidders online so as to simplify administrative procedure, promote the competition, equity, transparency and economic efficiency in bidding, and ensure the effectiveness of the roles of regulatory agencies in bidding.

11. In case of difficulties that arise during the implementation of this Circular, the Ministries, ministerial-level agencies, governmental agencies, other central agencies, the People's Committees at all levels, state economic corporation, state corporations and relevant organizations and individuals shall send comments to the Ministry of Planning and Investment for prompt consideration and guidance.

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