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