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.
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Thông tư 11/2019/TT-BKHĐT (Bản Word)
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