Thông tư 11/2019/TT-BKHĐT đăng tải thông tin đấu thầu qua mạng quản lý giá trị bảo đảm dự thầu

CIRCULAR

ELABORATING ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION, ROADMAP FOR APPLICATION OF E-SELECTION OF PREFERRED BIDDERS AND MANAGEMENT AND USE OF NON-RETURNABLE BID SECURITY AND PERFORMANCE SECURITY

Pursuant to the Public Procurement Law No. 43/2013/QH13 of the National Assembly dated November 26, 2013;

Pursuant to the Law on Electronic Transaction No. 51/2005/QH11 dated November 29, 2005;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on providing specific provisions on implementation of several articles of the Bidding Law on bidder selection process;

Pursuant to the Government's Decree No. 130/2018/ND-CP dated September 27, 2018 elaborating the Law on Electronic Transaction in terms of digital signatures and the authentication of digital signatures;

Pursuant to the Government’s Decree No. 63/2018/ND-CP dated May 4, 2018 on investments in form of public-private partnerships;

Pursuant to the Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 on providing specific provisions on implementation of several articles of the Bidding Law in terms of contractor selection process;

Pursuant to the Government's Decree No. 86/2017/ND-CP dated July 25, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the request of Director of Public Procurement Agency;

The Minister of Planning and Investment promulgates a Circular elaborating online supply and posting of procurement information, roadmap for application of e-selection of preferred bidders and management and use of non-returnable bid security and performance security.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular sets forth supply and posting of procurement information on National E-procurement System (hereinafter referred to as the System), the Vietnam Public Procurement Review Journal (hereinafter referred to as VPPR Journal) in accordance with the Bidding Law; the roadmap for application of e-selection of preferred bidders; management and use of non-returnable bid security and performance security.

2. Procurement 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 posted in item “vốn khác” (other funds) on the System and VPPR Journal.

3. Regarding projects/contract packages containing information of state secrets as per the law on protection of state secrets, such information shall not be supplied or posted 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 engaged in the supply and posting of procurement information, e-selection of preferred bidders, management and use of non-returnable bid security and performance security within the scope of Article 1 hereof.

2. Organizations or individuals engaged in procurements that fall outside of the scope of the Public Procurement Law hereof but choose to apply supply and posting of procurement information and e-selection of preferred bidders on the System. In this circumstance, the procurement information is posted in the item “vốn khác” (other funds) on the System.

Article 3. Interpretation of terms

1. ”National E-procurement System” specified in clause 26 Article 4 of the Public Procurement Law has the following address http://muasamcong.mpi.gov.vn.

2. ”Vietnam National E-Procurement Center” (hereinafter referred to as Center) affiliated to Public Procurement Agency of the Ministry of Planning and Investment is an operating unit of the System as prescribed in Article 85 of the Public Procurement Law, which provides digital signature certification service on the System and switchboard to providing users with answers and guidance during the registration of the System, supply and posting of procurement information and e-selection of preferred bidders.

3. “e-documents” refers to documents sent, received and stored successfully on the System, including:

a) Information about project;

b) Plan for selection of preferred bidder, or plan for selection of preferred investor;

c) Information about PPP projects, list of land-using projects;

d) Invitation for expression of interest, invitation for prequalification, invitation to bid, notice of proposed procurement;

dd) Shortlist;

e) Request for expression of interest, pre-qualification document, bidding documents, request for proposals, request for quotations;

g) Expression of interest responses, prequalification application, bid, proposal, quotations;

h) Record of bid opening, record of technical proposal opening, record of financial proposal opening (for e-selection of preferred bidders);

i) Report on bid evaluation, report on proposal evaluation, report on quotation evaluation (for e-selection of preferred bidders);

k) Result of preferred bidder selection, result for preferred investor selection;

l) Information in the course of e-selection of preferred bidders, including: clarification of bidding documents, request for proposals, bids, proposals and other e-documents exchanged between the procuring entity and bidders on the System.

4. “digital certificate” used on the System refer to a digital certificate issued by the Center.

5. “transaction history” refers to a record of information about transaction data sent and received on the System.

6. “user manual” refers to an e-document posted on the System to instruct users to conduct transactions on the System.

7. “invalid information” refers to information posted by an entity by themselves prescribed in Article 2 hereof not in accordance with the law on public procurement.

Article 4. Sending and receiving e-documents on the System

1. E-documents specified in Clause 3, Article 3 of this Circular have their legal validity recognized, serve as a basis for comparison and authentication for assessment, appraisal and supervision as prescribed in Clause 5 Article 85 of Decree No. 63/2014/ND-CP. In case an e-document is created electronically by the procuring entity, bidder, or investor on the System but not made from a paper document, this e-document will be valid as the original.

2. The sending time and receiving time of the e-document is determined based on the real time recorded on the System. The successfully sent e-documents are stored on the System and not modified by any organization or individual, except for the case specified in Article 15 of this Circular.

3. When users send e-documents on the System, the System must give feedback to the user whether the submission is successful or unsuccessful.

4. Procuring entities, bidders, investors that successfully registered on the System have the right to access their transaction history, including information about the time, sender, receiver, and status of sent e-documents (successful or unsuccessful) and other information on the System. Information about the transaction history shall be used for resolving any dispute that may arise from delivery and receipt of e-documents on the System.

5. The entity in charge of evaluation, appraisal, supervision may not require a paper document when an equivalent e-document may be searched on and exported from the System, unless it is necessary to check and confirm the original document (such as bank guarantee, similar contract, financial statement, sale permit or other any other equivalent document, other necessary documents).

Article 5. Information technology infrastructure requirements

In order to join and perform transactions on the System, the procuring entity, bidder, and investor must meet the requirements for information technology infrastructure specified in Clause 1, Article 79 and Clause 1, Article 80 of the Law on Public Procurement. and detailed instructions in the User Manual.

Article 6. Registration to join the System and procedures for processing registration applications

1. For procuring entities

a) Registration procedure:

The process to register procuring entity is detailed in the User Manual.

b) Registration application shall be composed of the followings:

- An application form for registration of procuring entity (created by the System after provided by the procuring entity as prescribed in Point a of this Clause);

- A copy of the establishment decision or certificate of business registration or other equivalent documents (if any).

c) Submission of registration application;

The procuring entity shall send an application for registration by post or in person to the Center or on the System. In case the application for registration is submitted on the System, the procuring entity shall follow the User Manual.

d) Processing of registration application

Within 02 working days after receiving a registration application, the Center is responsible for reviewing the application and notifying the processing result to the procuring entity. In case the application is valid, the procuring entity is approved for registration on the System. In case the application is not valid, the Center shall notify the reason and guide the procuring entity to modify the application accordingly. The notification of document processing results to the procuring entity is done on the System, email, mobile application or other information channels and is guided in detail in the User Manual.

dd) Modification of information registered on the System is done in accordance with the User Manual. If the procuring entity cannot modify the information registered on the System by themselves, it shall send a written request to modify information and relevant documents of the Center. Within 2 working days after receiving the written request from the procuring entity, the Center shall consider handling the request of the procuring entity.

2. For bidders or investors:

a) Registration procedure:

The process to register bidder, investor is detailed in the User Manual.

b) Registration application shall be composed of the followings:

- An application form for registration of bidder, investor (created by the System after provided by the bidder or investor as prescribed in Point a of this Clause);

- A copy of the establishment decision or certificate of business registration or certificate of household business registration (for individual household business) or other equivalent documents;

- A copy of ID card (9-digit or 12-digit) or passport of the legal representative of bidder, investor (legal representative or authorized person). In case of authorization, there must be a power of attorney from the legal representative of the bidder or investor.

In case the bidder, investor has registered and has information on the National Business Registration Portal at http://dangkykinhdoanh.gov.vn, the above documents are not required, except for the application for registration of bidder, investor.

c) Submission of registration application:

The bidder or investor shall send an registration application by post or in person to the Center or on the System. In case the application for registration is submitted on the System, the bidder or investor shall follow the User Manual.

d) Processing of registration application:

Within 02 working days after receiving a registration application, the Center is responsible for reviewing the application and notifying the processing result to the bidder or investor. In case the application is valid, the bidder or investor is approved for registration on the System. In case the application is not valid, the Center shall notify the reason and guide the bidder or investor to modify the application accordingly. The notification of document processing results to the bidder or investor is done on the System, email, mobile application or other information channels and is guided in detail in the User Manual.

dd) Modification of information registered on the System is done in accordance with the User Manual. If the bidder or investor cannot modify the information registered on the System by themselves, it shall send a written request to modify information and relevant documents of the Center. Within 2 working days after receiving the written request from the bidder or investor, the Center shall consider handling the request of the bidder or investor.

e) Terminating or suspending participation in the System

In case it is necessary to terminate or suspend participation in the System, the bidder or investor shall send a written request to the Center. Within 2 working days after receiving the written request from the bidder or investor, the Center shall consider handling the request and notify on the System termination or suspension of participation. From the time when the System displays this notice, the bidder or investor shall be deemed ineligible as prescribed at Point d, Clause 1, Article 5 of the Law on Public Procurement and cannot perform transactions on the System.

g) Resuming participating in the System

In case it is necessary to resume participation in the System after termination or suspension as prescribed at Point e of this Clause, the bidder or investor shall send a written request to the Center. Within 2 working days after receiving the written request from the bidder or investor, the Center shall consider handling the request of the bidder or investor. The bidder or investor may only allowed to resume their participation in the System after paying all fees as prescribed in Clause 3 Article 24 of this Circular.

Article 7. Digital certificate

1. Each procuring entity, bidder or investor shall be issued 01 digital certificate for registration for participation in the System in accordance with Article 6 hereof.

2. Cancellation of a digital certificate:

Procuring entities, bidders, and investors can cancel their digital certificates by themselves according to the User Manual. Where it is not possible to cancel by themselves, the procuring entity, bidder or investor shall send a letter to the Center to request cancellation of the digital certificate.

3. Change of devices to store digital certificate:

The procuring entity, bidder, and investor may copy a digital certificate and store it on a hard disk, USB, smart card or other information storage media. b) Organizations or individuals can duplicate digital certificates and store them on hard disks, USBs, smart cards or other information storage devices.

4. Change of digital certificate passwords:

The procuring entity, bidder, and investor shall change digital certificate password according to the User Manual.

5. Registration of additional digital certificates:

a) The procuring entity, bidder, and investor who has registered to join the System as prescribed in Article 6 of this Circular may register additional digital certificates to join the System;

b) The registration of additional digital certificates specified at Point a of this Clause is not applicable to the case specified at Point e, Clause 2, Article 6 of this Circular.

6. Procuring entities, bidders and investors are responsible for managing and keeping their digital certificates and bear all consequences arising from loss, damage, change of passwords, forgotten passwords, copy and keep the issued digital certificate.

7. The destruction of digital certificates, change of digital certificate storage devices, change of digital certificate passwords and registration of additional digital certificates specified in Clauses 2, 3, 4 and 5 of this Article shall comply with the User Manual.

Chapter II

SUPPLY AND POSTING OF PROCUREMENT INFORMATION

Section 1. INFORMATION AND POSTING PROCESS ON THE SYSTEM

Article 8. Information about the qualifications of the bidder, investor

1. Information on the qualifications of bidders and investors provided on the System as prescribed at Point d, Clause 1, Article 7 of Decree No. 63/2014/ND-CP and Point e, Clause 1, Article 4 Decree No. 30/2015/ND-CP includes:

a) General information about the bidder or investor;

b) Figures on annual financial statement;

c) Information about contracts that have been performed;

d) Information about key employees of the bidder or investor;

dd) Information about machinery and equipment owned by the bidder or investor.

2. The bidder or investor shall actively update information about their qualifications when there is any change and take legal responsibility for the accuracy of information declared on the System. In case it is necessary to edit the declared information, the bidder or investor shall manually edit the information on the System through their digital certificate. The System will save all information before and after the bidder and investor edits.

3. In case a bidder or investor 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 Public Procurement Law.

Article 9. Information about projects, plans for selection of preferred bidder or investor

1. Time of posting:

Information about the plan for selection of preferred bidder or investor will be posted on the System within 07 working days from the date on which these documents are approved. Project background information is posted concurrently with the plan for selection of preferred bidder.

2. Attachments:

The procuring entity must attach the decision on approval for the plan for selection preferred bidder or investor during the process of posting the plan for selection preferred bidder or investor. If the estimate of a contract package is approved after the plan for selection of preferred bidder is posted, the procuring entity must update the estimate and attach the decision on approval for the estimate on the System as follows:

a) In the course of posting the invitation to bid on the System, if the estimate of contract package is approved before posting the invitation for bid;

b) In the course of posting the result of bidder selection on the System, if the estimate of contract package is approved before posting the invitation for bid.

Article 10. Invitation for expression of interest, invitation for prequalification

1. Time of posting:

The procuring entity shall post an invitation for expression of interest, invitation for prequalification on the System according to the progress and timeframe for the bidder or investor selection in the approved plan for selection of preferred bidder or investor.

2. For bidder selection, in the course of posting the invitation for prequalification or invitation for expression of interest, the procuring entity must attach the following documents:

a) A decision on approval for the request for expression of interest, prequalification document;

b) the approved request for expression of interest, prequalification document.

Article 11. Issuance, amendments and clarification of request for expression of interest, prequalification document

1. Issuance of request for expression of interest, prequalification document:

Request for expression of interest, prequalification document shall be issued free of charge on the System right after the invitation for expression of interest, invitation for prequalification is successfully posted.

2. Amendments to request for expression of interest, prequalification document:

In case of amendments to the request for expression of interest, prequalification document after being issued, the procuring entity shall post documents in either of the following ways on the System:

a) A decision on amendments, accompanied by the amendments to the request for expression of interest, prequalification document;

b) The decision on amendments, and the request for expression of interest, prequalification document which has been modified, clearly indicating the revised contents.

3. Clarification of the request for expression of interest, prequalification document:

a) A prospective bidder requiring any clarification of the request for expression of interest or prequalification document shall contact the procuring entity in writing or through the System within at least 03 working days before the deadline for submission of applications;

b) The procuring entity will respond to any request for clarification of request for expression of interest, prequalification document and post the response on the System within at least 02 working days before the deadline for submission of applications;

c) The clarification of request for expression of interest, prequalification document may not contravene the request for expression of interest, prequalification document which has been approved. If the procuring entity deems it necessary to amend the request for expression of interest, prequalification document 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 Public Procurement Law.

Article 12. Shortlist

1. Time of posting:

The procuring entity shall post 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 posting of the shortlist.

Article 13. Invitation to bid, notice of proposed procurement

1. Time of posting:

The procuring entity shall post an invitation to bid, notice of proposed procurement on the System according to the progress and timeframe for the bidder or investor selection in the approved plan for selection of preferred bidder or investor.

2. For bidder selection, in the course of posting the invitation to bid, notice of proposed procurement, the procuring entity must attach the following documents:

a) A decision on approval for bidding documents, request for proposals, request for quotations;

b) Bidding documents, request for proposals, request for quotations which has been approved.

Article 14. Issuance, amendments, clarification of bidding documents, request for proposals

1. Issuance of bidding documents, request for proposals:

a) Bidding documents and request for proposals shall be issued on the System right after the invitation for bid or notice of proposed procurement is successfully posted;

b) For offline bidding, if bidding documents or request for proposals 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 or request for proposals before the bids or proposals are received. If the bidding documents or request for proposals are issued free of charge, the bidder is not required to pay this amount.

2. Amendments to bidding documents, request for proposals:

In case of amendments to the bidding documents, request for proposals after being issued, the procuring entity shall post documents in either of the following ways on the System:

a) A decision on amendments to bidding documents, request for proposals enclosed with revised contents;

b) A decision on amendments, and the bidding documents, request for proposals which has been modified, clearly indicating the revised contents.

3. Clarification of bidding documents, request for proposals:

a) A prospective bidder requiring any clarification of bidding documents, request for proposals shall contact the procuring entity in writing or 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 applications;

b) The procuring entity will respond to any request for clarification of bidding documents, request for proposals and post the response on the System within at least 02 working days before the deadline for submission of applications;

c) The clarification of bidding documents, request for proposals may not contravene the bidding documents, request for proposals which has been approved. If the procuring entity deems it necessary to amend the bidding documents, request for proposals 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 Public Procurement Law and point c clause 2 Article 64 of Decree No. 63/2014/ND-CP; for online procurement, the amendment shall be made at least 03 working days before the deadline for submission of applications.

The procuring entity may hold a pre-bidding convention to discuss any clarification required by bidders where necessary. The procuring entity posts the invitation to attend the pre-bidding convention on the System. The communication between the procuring entity and the bidders must be recorded by the procuring entity and posted on the System.

Article 15. Cancellation, renewal or modification of posted information

1. The cancellation, extension or modification of information posted by the procuring entity shall comply with the User Manual.

2. If the procuring entity cannot cancel, extend or modify the information registered on the System by their own, it shall send a written request to the Center. Within 2 working days after receiving the written request from the procuring entity, the Center shall consider handling the request of the procuring entity.

Article 16. Bid opening via online procurement

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. In case no bidder submits a bid by the deadline for submission of bids, the procuring entity may extend the deadline for submission of bids or hold a bidding in another time. The deadline for submission of bids is extended in accordance with the User Manual.

Article 17. Result of selection of preferred bidder or investor

1. Time of posting:

The procuring entity shall post the result of selection of preferred bidder or investor on the System within 07 working days from the date of approval of the result.

2. Attached documents include:

a) A decision on approval for the result of selection of preferred bidder or investor;

b) A report on bid evaluation or proposal evaluation for online bidding;

3. For procurement of goods, detailed information on goods items must be published.

Article 18. List of projects using land and information on PPP projects and private sector involvement projects

1. Lists of projects using land and information on PPP projects will be posted on the System within 7 working days from the date of issuance of these documents.

2. For a private sector involvement project chosen to apply the Public Procurement Law, the project information shall be posted on the System within 07 working days from the date the project is approved.

Article 19. Posting procedure on the System

1. The process of posting information in Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of this Circular shall comply with the User Manual.

2. After posting information in Articles 9, 10, 11, 12, 13, 14, 15, 16 and 17 of this Circular, the System shall reply to the sender if the submission is successful or unsuccessful via email, mobile application or other communication channels.

Section 2. RESPONSIBILITIES OF ENTITIES PROVIDING AND POSTING INFORMATION

Article 20. Responsibilities of the procuring entity

1. Comply with Article 79 of the Public Procurement Law upon joining the System.

2. Hold the e-selection of preferred bidders following the roadmap specified in Clause 1, Article 29 of this Circular.

3. Supply and post procurement information on the System, take responsibility under Point i, Clause 2, Article 75, Article 79 of the Law on Public Procurement, Article 7 of Decree No. 63/2014/ND-CP , Article 4 of Decree No. 30/2015/ND-CP.

4. Provide information about the winning bidders, foreign investors in Vietnam using the form No. 2 in Appendix 1 enclosed herewith. 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 of the result of bidder/investor selection as prescribed in Point c Clause 1 Article 128 of Decree No. 63/2014/ND-CP.

5. For procurement under international competitive bidding, the procuring entity must post the information specified in Articles 10 and 13 of this Circular in Vietnamese and English. In addition to posting on the System, the VPPR Journal, it is encouraged to publish international invitation for expression of interest, international invitation for international prequalification, international invitation for bid on websites or newspapers in English widely published in Vietnam.

6. The procuring entity is responsible for the authenticity of the documents posted on the System with the approved documents. In case there is a discrepancy between the documents posted on the System and the approved documents, the documents posted on the System shall prevail.

7. Pay the fee for posting procurement information on the System and VPPR Journal according to the provisions of Clause 1, Article 24 of this Circular.

8. Monitor and update the information posted on the System and responses made by the System.

9. If the procuring entity does not post procurement information according to regulations, it shall be dealt with according to Point d, Clause 3, Article 20 and Article 21 of Decree No. 50/2016/ND-CP dated June 1. 2016 Government's regulations on penalties for administrative violations in the field of planning and investment.

Article 21. Responsibilities of bidders and investors

1. Bidders and investors must register to join the System and be approved according to the provisions of Clause 2, Article 6 of this Circular before being considered for contract award to ensure their eligibility as prescribed at Point d Clause 1 Article 5 of the Public Procurement Law. In case during the evaluation of bids, the procuring entity detects that the bidder or investor has not registered to join the System, the procuring entity must request the bidder or investor to complete the registration according to regulations specified in Clause 2, Article 6 of this Circular.

2. Supply and post procurement information on the System, take responsibility under Article 80 of the Law on Public Procurement, Article 7 of Decree No. 63/2014/ND-CP, Article 4 of Decree No. 30/2015/ND-CP.

3. Pay the fee for e-selection of preferred bidders as specified in Clause 2, Article 24 of this Circular. For procurement under online bidding, if the bidder or investor is listed on the System but has not paid the fee as prescribed in Clause 2, Article 24 of this Circular, the Center shall send a email to request the payment. After 15 days after receiving the email from the Center, if the bidder or investor still fails to make payment, the System shall display a notice of suspension of participation in the System of the bidder, investor. In this case, the bidder or investor is considered to be ineligible under the provisions of Point d, Clause 1, Article 5 of the Public Procurement Law, Section 5, Chapter I of the Forms of Bidding Documents issued together with Circular No. 04/2017/TT-BKHDT, and the bidder or investor cannot perform related transactions on the System.

Article 22. Responsibilities of the Center and VPPR Journal

1. The Center shall:

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

b) Build, operate and maintain the System, ensuring the System continuous, safe, confidential and stable;

c) Develop User Manual, support procuring entities, bidders, investors to register, issue digital certificates to join the System and conduct e-selection of preferred bidders. Provide communication, training and guidance services to procuring entities, bidders, investors to supply and post procurement information on the System and to perform services related to procurement information, e-selection of preferred bidders.

2. VPPR Journal shall:

a) Review and detect invalid information as prescribed in Clause 7 Article 3 of this Circular and notify the procuring entity within 01 working day from the time the procuring entity itself post information on the System. The notification is done on the System, via email, mobile application or other communication channels about invalid information for the procuring entity to correct, complete and re-post on the System.

b) Extracting the information specified in Articles 10, 12, 13 and 15 of this Circular for 01 period on the VPPR Journal within 02 working days from the day on which the procuring entity posts the information itself on the system as prescribed in Clause 3 Article 8 of Decree No. 63/2014/ND-CP, Clause 3 Article 5 of Decree No. 30/2015/ND-CP.

3. In case of any error in the posting of procurement information such as delayed posting, incorrect contents or intentionally not posting information, causing damage to procuring entities, bidders, and investors, the VPPR Journal must publish public correction in accordance with law on press. In addition, depending on the severity of errors, related 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

REVENUE SOURCES, MANAGEMENT AND USE OF FEES OF POSTING PROCUREMENT INFORMATION AND E-SELECTION OF PREFERRED BIDDERS

Section 1. PRINCIPLES OF COLLECTION AND REVENUE SOURCES

Article 23. Collection and spending principles

1. The Center and VPPR Journal are responsible for collecting, managing and using revenues from fees for posting of online procurement information and e-selection of preferred bidders as prescribed in this Circular to ensure the operation of the System and VPPR Journal in accordance with regulations.

2. The revenue from fees for posting procurement online and e-selection of preferred bidders must be sufficient to cover reasonable costs incurred in performance of the following tasks:

a) Posting procurement information on the System, VPPR Journal;

b) Conduct e-selection of preferred bidders.

3. State budget sources may not be used to perform the tasks specified in Clause 2 of this Article.

Article 24. Types of fees and amounts thereof

1. Fees for posting procurement information:

a) Fee for posting invitation for expression of interest, invitation for prequalification: VND 330,000/package/language (VAT included);

b) Fee for posting notice of proposed procurement: VND 165,000/package/language (VAT included);

c) Fee for posting invitation for bid: VND 330,000/package/language (VAT included);

d) Fee for posting shortlist: VND 165,000/package/language (VAT included);

2. Fees for e-selection of preferred bidders:

a) Fee for registering to join the System: VND 550,000 (VAT included), which includes the fee for maintaining the names and qualifications documentation of bidders and investors on the System up to the last day of the registration year;

b) Fee for maintaining the name and qualifications documentation of the bidder and investor on the System: VND 550,000/year (VAT included);

c) Fee for submitting bid: VND 330,000/package/language (VAT included);

d) Fee for submitting proposal: VND 220,000/package/language (VAT included).

3. In case it is necessary to resume the participation in the System according to the provisions of Point g, Clause 2, Article 6 of this Circular, the bidder or investor must pay all debts (if any) according to the provisions of Clause 2, from the time when the debts arise to the time when a written request to terminate or suspend participation in the System is made.

Article 25. Collection and transfer of fees

1. For fees for posting procurement information:

a) The VPPR Journal shall collect the fees for posting procurement information as prescribed in Clause 1 Article 24 hereof. The collecting account is the VND account of the VPPR Journal opened by at a commercial bank. The amount of fees for posting procurement information is partly transferred to the Center by the VPPR Journal under the decision of the Minister of Planning and Investment to compensate for the upgrade and operation of the System to ensure the system operates continuously and stably, the rest is used to perform the function of posting procurement information on the VPPR Journal.

b) The procuring entity shall pay a fee for posting procurement information as prescribed in Clause 1 Article 24 of this Circular within 2 working days from the date of self-posting of information on the System.

2. For fees for e-selection of preferred bidders:

a) The Center shall collect fees for e-selection of preferred bidders specified in Clause 2, Article 24 of this Circular. The collecting account is the VND account of the Center opened by at a commercial bank.

b) The bidder shall pay fees for e-selection of preferred bidders as specified in Clause 2, Article 24 of this Circular as follows:

- For fee for registration to join the System, payment is made at the time of registration on the System;

- For fee for maintaining names and qualification documentation of bidders and investors on the System, the payment deadline is the first quarter of each year except for the year of registration on the System;

- For fee for submission of bids or proposals, the payment deadline is 02 working days from the date of bid opening.

Section 2. MANAGEMENT AND USE OF FEES FOR POSTING PROCUREMENT INFORMATION AND E-SELECTION OF PREFERRED BIDDERS

Article 26. Expenditures set aside from fees for posting procurement information and e-selection of preferred bidders

1. Expenditure on performance of obligations to the state budget.

2. Expenditures on posting procurement information on VPPR Journal, including:

a) Expenditure on printing expenditure;

b) Expenditure on delivery and publishing nationwide;

c) Expenditures paid to individuals directly participating in the posting of procurement information, including: salaries, allowances and other valid payments to employees as prescribed by law;

d) Expenditure on stationery, office supplies, communications, electricity, water, information technology application and outsourcing services serving procurement information posting;

dd) Expenditure on regular procurement, maintenance and repair, overhaul, warranty, maintenance and upgrade of the system of assets, machinery and equipment in service of the posting of procurement information;

e) Expenditure on organizing and managing activities of posting and publishing procurement information;

g) Other expenditures directly serving the posting of procurement information.

3. Expenditure on posting procurement information on the System.

4. Expenditures on e-selection of preferred bidders include:

a) Expenditure on organization of management, operation and development of the System;

b) Expenditure on providing instructions and assistance to the System's users;

c) Expenditure on communications and international cooperation on e-bidding;

d) Expenditure on activities related to the receipt and processing of applications for participation in the System, application of information technology in database management;

dd) Other expenditures directly serving the online posting of procurement information and e-selection of preferred bidders.

5. The distribution of financial performance shall be carried out following autonomy mechanism as per the law.

Article 27. Making and approving plan for collection and spending

1. Making and approving plan:

a) Annually, the Center and VPPR Journal shall make a plan for collection and spending related to the posting of procurement information and e-selection of preferred bidders according to the contents in Appendix II hereto, and then incorporate into the estimate of the Procurement Management Agency for submitting to the Ministry of Planning and Investment for approval;

b) The plan for spending related to the posting of procurement information and e-selection of preferred bidders shall comply with the current financial standards, norms and regimes.

2. Adjustment of plan:

In the course of implementation, when tasks arise, the Procurement Management Department is allowed to actively adjust the expenditures specified in Part B, Appendix II to this Circular and take responsibility for the adjustment within the plan year. Adjustments can only be made in the fourth quarter of the plan year.

3. Final statement of revenues and expenditures:

Annually, the Center and VPPR Journal are responsible for making the final statement of revenues and expenditures according to the contents in Appendix III to this Circular and consolidating them into the final statement of annual operating expenditures of the Procurement Management Agency and submitting it to the Ministry of Planning and Investment for approval.

Chapter IV

PROCEED FROM NON-RETURNABLE BID SECURITY AND PERFORMANCE SECURITY

Article 28. Proceed from non-returnable bid security and performance security

In case the bidder or investor violates regulations of law on bidding, 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 Public Procurement, the proceed from non-returnable bid security or performance security shall be used as follows:

1. For 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. For 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

THE ROADMAP FOR APPLICATION OF E-SELECTION OF PREFERRED BIDDERS

Article 29. The roadmap for application of e-selection of preferred bidders

Ministries, ministerial agencies, Governmental agencies, People's Committees of provinces and centrally-affiliated cities, economic groups, state-owned general companies, political organizations, political-social organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public sector entities shall direct the investors and procuring entities to hold e-selection of preferred bidders according to the following roadmap:

1. In 2020:

a) Hold e-selection of bidders 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 5 billion VND and in the field of construction works with the package price not exceeding 10 billion VND, except for the cases in which the e-selection of preferred bidders cannot be held or the packages with special characteristics;

b) The holding of e-selection of preferred bidders in the year must ensure that the total number of packages reaches at least 60% of the number of packages applying the form of competitive bidding and shopping method and total value of packages reaches at least 25% of the total value of packages applying the form of competitive bidding and shopping method..

2. In 2021:

a) Hold e-selection of bidders 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 the cases in which the e-selection of preferred bidders cannot be held or the packages with special characteristics;

b) The holding of e-selection of preferred bidders in the year must ensure that the total number of packages reaches at least 70% of the number of packages applying the form of competitive bidding and shopping method and total value of packages reaches at least 35% of the total value of packages applying the form of competitive bidding and shopping method..

3. From 2022 to 2025:

a) Hold e-selection of preferred bidders for at least 70% of packages within the scope of the Law on Public Procurement;

b) Hold e-selection of preferred bidders for all (100%) bidding packages 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 sector entities;

c) Hold e-selection of preferred bidders for all (100%) of centralized procurement.

Chapter VI

IMPLEMENTATION

Article 30. Guidance on implementation

On the holidays and Tet every year, the Ministry of Planning and Investment shall provide guidelines for supply and posting of procurement information on the System, the VPPR Journal in accordance with the Tet and holiday schedule as notified by the Ministry of Labor, War Invalids and Social Affairs.

Article 31. Entry in force

1. This Circular comes into force as of February 1, 2020.

2. Since the date of entry into force of this Circular, the Joint Circular No. 07/2015/TTLT-BKHDT-BTC dated September 8, 2015 of the Ministry of Planning and Investment and the Ministry of Finance shall cease to be effective.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration.

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