Chương V Thông tư 08/2022/TT-BKHĐT: Tổ chức thực hiện

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.