Chương II: Cung cấp, đăng tài thông tin về lựa chọn nhà thầu

CIRCULAR

PROVIDING GUIDELINES FOR PROVISION AND PUBLISHING OF INFORMATION ON CONTRACTOR SELECTION AND FORMS OF BIDDING DOCUMENTS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection;

Pursuant to the Government's Decree No. 130/2018/ND-CP dated September 27, 2018 elaborating on the implementation of the Law on E-transactions regarding digital signatures and authentication of digital signatures;

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. 89/2022/ND-CP dated October 28, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

At the request of the Director General of the Public Procurement Agency;

The Minister of Planning and Investment of Vietnam promulgates a Circular providing guidelines for provision and publishing of information on contractor selection and forms of bidding documents on Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for provision and publishing of information on contractor selection and forms of bidding documents, including:

1. Document forms used in preparation, appraisal and approval of contractor selection master plans and plans for selection of contractors executing projects or procurement cost estimates as prescribed in Articles 1 and 2 of the Law on Bidding;

2. Forms of bidding documents on Vietnam National E-Procurement System in respect of packages for consulting services; non-consulting services; procurement of goods (except medicines); construction; engineering and procurement (EP); engineering and construction (EC); procurement and construction (PC); engineering, procurement and construction (EPC); and packages for supply of medical devices, chemicals, test equipment and accompanied services for operation of medical devices (excluding operators) by quantity of technical services (hereinafter referred to as “medical device hiring packages") which are subject to the scope of the Law on Bidding, and for which contractors are selected adopting domestic competitive bidding, limited bidding or shopping method under single-stage one-envelope or single-stage two-envelope procedure, online quotation or online procurement;

3. Forms of reports on preparation of bidding documents; requests for approval of bidding documents; decisions on approval of bidding documents; reports on online bid evaluation in respect of packages for non-consulting services, procurement of goods (except medicines), medical device hiring, construction, EPC, EP, EC, PC under single-stage one-envelope or single-stage two-envelope procedure; and consulting service packages;

4. Other document forms used in online contractor selection.

Article 2. Regulated entities

1. Organizations and individuals involved in the contractor selection subject to the scope prescribed in Article 1 of this Circular.

2. Organizations and individuals that carry out the contractor selection which is not subject to the scope prescribed in Article 1 of this Circular but apply provisions of this Circular at their discretion. In this case, procedures shall be followed according to the Instructions for use on Vietnam National E-Procurement System.

Article 3. Definitions

1. “VNEPS” or “System” means Vietnam National E-Procurement System (with address: https://muasamcong.mpi.gov.vn) that is an information technology system developed and managed by the Ministry of Planning and Investment of Vietnam according to provisions of clause 18 Article 4 of the Law on Bidding.

2. “National enterprise registration information system” means a system of dedicated information about enterprise registration as prescribed by the Government’s regulations on enterprise registration.

3. Abbreviations in this Circular and on VNEPS include:

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

b) E-TBMQT: online invitation for EOI (Expression of Interest);

c) E-TBMT: online invitation for bid;

d) E-HSMQT: online EOI request;

dd) E-HSQT: online EOI response;

e) E-HSMST: online prequalification documents;

g) E-HSDST: online prequalification application;

h) E-HSMT: bidding documents used in online competitive bidding, online limited bidding or online shopping;

i) E-HSDT: bid used in online competitive bidding, online limited bidding or online shopping;

k) E-HSDXKT: online technical proposal;

l) E-HSDXTC: online financial proposal.

4. “Electronic document” means a document or piece of information that is successfully sent, received and retained on the System, including:

a) Project details;

b) Contractor selection master plan; contractor selection plan;

c) E-TBMQT, E-TBMST, E-TBMT, invitation for bid, invitation for prequalification applications, invitation for EOI;

d) Shortlist;

dd) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, terms of reference, scientific CVs, EOI request, prequalification documents, bidding documents; clarifications to E-HSMST, E-HSDST, E-HSMQT, E-HSQT, E- HSMT, E-HSDT, E-HSDXKT, E-HSDXTC, terms of reference, scientific CVs, EOI request, prequalification documents, bidding documents; modifications or addenda to E-HSMQT, E-HSMST, E-HSMT, terms of reference, EOI request, prequalification documents, bidding documents; extension of bid closing date; cancellation of E-TBMQT, E-TBMST, E-TBMT, invitation for EOI, invitation for prequalification applications, or invitation for bid;

e) Consortium agreement;

g) Bid opening record, E-HSDXKT opening record, E-HSDXTC opening record;

h) E-HSQT, E-HSDST, E-HSDT evaluation report;

i) Contractor selection result;

k) Petitions against contractor selection results and other issues concerning the online contractor selection;

l) Request for and decision on approval of E-HSMQT, E-HSMST, E-HSMT, terms of reference, EOI request, prequalification documents or bidding documents; request for and decision on approval of online contractor selection result;

m) E-HSMQT, E-HSMST, E-HSMT appraisal report; report on appraisal of contractor selection result;

n) Request for issuance, modification, extension or release of electronic security;

o) Electronic contract;

p) Other documents in electronic format exchanged on VNEPS.

5. “Invalid information” means information published on VNEPS by any of the entities prescribed in Article 2 of this Circular against regulations of the Law on Bidding and other relevant laws.

6. “digital certificate” used on VNEPS means a public digital certificate issued by a public signature certification body or a digital certificate issued by a body specializing in certification of digital signatures of Governmental authorities.

7. “Instructions for use” means an electronic document published on VNEPS to provide instructions for users on how to conduct transactions on VNEPS.

8. “Participant” in VNEPS means an authority, organization or individual that applies for participation in VNEPS in one or some of the following roles:

a) Employer;

b) Procuring entity;

c) Bidder (individual or group of individuals engaging in individual consulting service package; start-up individual or group of individuals engaging in procurement of goods package; organization; household business);

d) Unit in charge of managing bidding activities;

dd) Producer (producer, its representative office or agent) participating in VNEPS to respond to queries of bidders.

9. “Participant account” means an account granted by Vietnam National E-Procurement Center to a VNEPS participant for playing one or some of the roles specified in clause 8 of this Article.

10. “Task-specific account” means an account which is created from a participant account to perform some specific tasks on VNEPS.

11. “e-GP project enterprise” means Investment and Development of National E-Procurement System Company Limited (IDNES) that is established by the Investor (FPT Information System Co., Ltd. - FPT IS) under terms and conditions of the BOT contract of the e-GP project. e-GP project enterprise and Vietnam National E-Procurement Center (hereinafter referred to as “Procurement Center”) shall take charge of performing responsibilities of VNEPS operating unit defined in Article 52 of the Law on Bidding.

12. “BOT contract of the e-GP project” means a contract signed by and between the Ministry of Planning and Investment of Vietnam and the Investor (FPT IS) for carrying out investment in, design, construction, operation, maintenance, upgrading and transfer of VNEPS in the PPP (Public-Private Partnerships) form.

Article 4. Use of document forms and Appendixes

1. Document forms used in preparation, appraisal and approval of contractor selection master plan include:

a) Form No. 01A, used for preparing request for approval of the contractor selection master plan;

b) Form No. 01B, used for preparing report on appraisal of the contractor selection master plan;

c) Form No. 01C, used for making decision on approval of the contractor selection master plan.

Where it is necessary to make changes or modifications to the approved contractor selection master plan, only the changed or modified contents shall be prepared, submitted, appraised and approved.

2. Document forms used in preparation, appraisal and approval of contractor selection plan include:

a) Form No. 02A, used for preparing request for approval of the contractor selection plan;

b) Form No. 02B, used for preparing report on appraisal of the contractor selection plan;

c) Form No. 02C, used for making decision on approval of the contractor selection plan.

Where it is necessary to make changes or modifications to the approved contractor selection plan, only the changed or modified contents shall be prepared, submitted, appraised and approved. Regarding a task which is not yet included in the contractor selection plan, when conditions for inclusion of the task in the contractor selection plan are met, only such a task shall be prepared, submitted, appraised and approved without re-preparing, submitting, appraising and approving the tasks which have been already approved. During the contract performance, if there is any change in the package execution duration compared to that included in the approved contractor selection plan, modification of the contractor selection plan shall not be required.

3. For a construction package:

a) Form No. 3A, used for preparing E-HSMT for competitive bidding, limited bidding or shopping under single-stage one-envelope procedure;

b) Form No. 3B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 3C, used for preparing E-HSMST.

4. For a procurement of goods package (including centralized procurement):

a) Form No. 4A, used for preparing E-HSMT for competitive bidding, limited bidding or shopping under single-stage one-envelope procedure;

b) Form No. 4B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 4C, used for preparing E-HSMST.

5. For a non-consulting service package:

a) Form No. 5A, used for preparing E-HSMT for competitive bidding, limited bidding or shopping under single-stage one-envelope procedure;

b) Form No. 5B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 5C, used for preparing E-HSMST.

6. For a consulting service package:

a) Form No. 6A, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

b) Form No. 6B, used for preparing E-HSMQT;

c) Form No. 6C, used for preparing forms used for individual consultant.

7. For an EP package:

a) Form No. 7A, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage one-envelope procedure;

b) Form No. 7B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 7C, used for preparing E-HSMST.

8. For an EC package:

a) Form No. 8A, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage one-envelope procedure;

b) Form No. 8B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 8C, used for preparing E-HSMST.

9. For a PC package:

a) Form No. 9A, used for preparing E-HSMT for competitive bidding, limited bidding or shopping under single-stage one-envelope procedure;

b) Form No. 9B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 9C, used for preparing E-HSMST.

10. For an EPC package:

a) Form No. 10A, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage one-envelope procedure;

b) Form No. 10B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure;

c) Form No. 10C, used for preparing E-HSMST.

11. For an medical device hiring package:

a) Form No. 11A, used for preparing E-HSMT for competitive bidding, limited bidding or shopping under single-stage one-envelope procedure;

b) Form No. 11B, used for preparing E-HSMT for competitive bidding or limited bidding under single-stage two-envelope procedure.

In case multiple health facilities wish to procure the same technical service in medical sector, one of these health facilities or the unit in charge of centralized procurement shall take charge of carrying out the procurement of such technical service under a single package. If a health facility takes charge of consolidating demands of other health facilities for creating a medical device hiring package, either of these methods shall be employed: this health facility carries out contractor selection, and directly signs contract with the selected contractor; or this health facility carries out contractor selection and enters into a framework agreement with one or some selected contractors which shall be then used as the basis for other health facilities to sign contracts with such selected contractor(s).

12. For online quotation:

a) Form No. 12A, used for preparing online bidding documents for procurement of goods applying common online quotation method under single-stage one-envelope procedure;

b) Form No. 12B, used for preparing online bidding documents for non-consulting services applying common online quotation method under single-stage one-envelope procedure;

c) Form No. 12C, used for preparing the online invitation to quote for procurement package under simplified procedure;

d) Form No. 12D, used for preparing the online invitation to quote for non-consulting service package under simplified procedure;

dd) Form No. 12E, used for preparing the online invitation to quote under simplified procedure in case of handling of situations as prescribed in Article 131 of the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024.

13. For online procurement: Form No. 13, used for preparing online procurement documents.

14. Forms of valuation reports include:

a) Form No. 14A, used for preparing report on evaluation of E-HSDTs under process 01 prescribed in point a clause 1 Article 29 of this Circular, for non-consulting service, procurement, construction, EPC, EP, EC, PC or medical device hiring package, or common online quotation under single-stage one-envelope procedure;

b) Form No. 14B, used for preparing report on evaluation of E-HSDTs under process 02 prescribed in point b clause 1 Article 29 of this Circular, for non-consulting service, procurement, or medical device hiring package under single-stage one-envelope procedure;

c) Form No. 14C, used for preparing report on evaluation of E-HSDTs for non-consulting service, procurement, construction, EPC, EP, EC, PC or medical device hiring package under single-stage two-envelope procedure;

d) Form No. 14D, used for preparing report on evaluation of E-HSDTs for consulting service package under single-stage two-envelope procedure.

15. Appendixes:

a) Appendix 1A. Form of report on preparation of E-HSMT or bidding documents of the expert team;

b) Appendix 1B. Form of request for approval of E-HSMT or bidding documents of the procuring entity;

c) Appendix 1C. Form of decision on approval of E-HSMT or bidding documents (webform on VNEPS);

d) Appendix 2A. Form of request for approval of the shortlist, for online bidding employing prequalification or invitation for EOI procedure;

dd) Appendix 2B. Form of decision on approval of the shortlist, for online bidding employing prequalification or invitation for EOI procedure;

e) Appendix 3A: Form of request for approval of E-HSDXKT evaluation result, for bidding under one-stage two-envelope procedure;

g) Appendix 3B: Form of decision on approval of list of technically responsive bidders, for bidding under one-stage two-envelope procedure;

h) Appendix 4A: Form of document verification record (for all packages);

i) Appendix 4B: Form of contract negotiation record (for procurement, construction, non-consulting service, EPC, EP, EC and PC packages as prescribed in point d clause 1 Article 43 of the Law on Bidding);

k) Appendix 4C: Form of contract negotiation record (for consulting service package);

l) Appendix 5A: Form of request for approval of contractor selection result, for online bidding;

m) Appendix 5B: Form of decision on approval of contractor selection result, for online bidding (webform on VNEPS);

n) Appendix 6: Form of commitment;

o) Appendix 7: Registration of receipt of information on legislative documents on bidding;

p) Appendix 8: Notice of foreign investor winning a bid in Vietnam;

q) Appendix 9: Notice of imposition of penalties for violations against regulations on bidding;

r) Appendix 10: Some contents of E-HSMT that limit the participation of bidders as prescribed in clause 3 Article 44 of the Law on Bidding.

16. Regarding the packages prescribed in clause 5 Article 3 of the Law on Bidding, the roles of the organizations or individuals submitting, carrying out appraisal and approval of the contractor selection master plan, the contractor selection plan, E-HSMQT, E-HSMST, E-HSMT, and contractor selection results shall comply with provisions of the Law on Bidding and its guidelines; contents of the contractor selection master plan, the contractor selection plan, E-HSMQT, E-HSMST or E-HSMT shall comply with provisions of the relevant international convention and loan agreement. Where a donor’s regulations must be applied as prescribed in the international convention or loan agreement, if approved by the donor, preparation, appraisal and approval of the contractor selection master plan, the contractor selection plan, E-HSMT, E-HSMQT, E-HSMST, and E-HSDT, E-HSQT, E-HSDST evaluation report shall be carried out using the forms in clauses 1 through 15 of this Article.

Publishing of information on bidding for packages of the projects prescribed in this clause on “vốn khác” (“other funds”) item on VNEPS is encouraged.

17. For a package or project containing information classified as state secrets as prescribed by law on protection of state secrets, provision and publishing of such information as prescribed in this Circular shall not be required. Information classified as state secrets shall be managed in accordance with regulations of law on protection of state secrets.

18. EPC, EP, EC or PC package is applied to a complicated project which has strict technical requirements, and requires high technologies and strict consistency in all stages, including design, provision of equipment, construction, training for technology transfer, warranty, and long-term maintenance, except the case prescribed in clause 4 Article 24 of the Law on Bidding. Establishment of EPC, EP, EC or PC package for an IT application project shall comply with regulations of law on management of investment in IT application. Regarding the case prescribed in clause 4 Article 24 of the Law on Bidding, if there are fewer than 03 independent bidders that meet requirements for execution of the package, the package shall be divided into two separate procurement package and construction package without establishing a PC mixed package.

EPC package is suitable for mechanical, electrical, petroleum, chemical, cement, mining, water supply and drainage, wastewater treatment, waste treatment or IT works for which design and manufacturing of equipment cannot be separated due to consistency requirements.

In case the tasks of the package can be divided into separate packages, including engineering (E), procurement (P) and construction (C), such engineering (E), procurement (P) and construction (C) packages shall be separately established to increase the competitiveness of the package.

Article 5. Format of attached files

1. A file uploaded to VNEPS must meet the following requirements:

a) It can be opened and read by common software programs such as MS Office, OpenOffice, software programs for reading PDF files, common design software programs such as AutoCad and Photoshop, and Windows photo viewer. The text must be written in Unicode font;

b) A compressed file must be decompressed and opened by common decompression software programs such as ZIP file decompression software available on Windows, Rar or 7Zip decompressor. The format of the compressed file must comply with provisions of point a of this clause;

c) The file must not be infected or erroneous or protected with a password.

2. If any files attached to the EOI request, E-HSMQT, prequalification documents, E-HSMST, bidding documents, E-HSMT, terms of reference, online invitation for quotation or online shopping documents cannot be opened or read due to their non-compliance with the provisions of clause 1 of this Article or other reasons, the procuring entity shall be required to re-publish and re-issue the entire set of such EOI request, E-HSMQT, prequalification documents, E-HSMST, bidding documents, E-HSMT, terms of reference, online invitation for quotation or online shopping documents.

3. Any files attached to E-HSDT, E-HSQT, E-HSDST or scientific CVs which cannot be opened or read due to their non-compliance with provisions of clause 1 of this Article shall not be considered and evaluated.

Article 6. Technical actions against out-of-control VNEPS failure

1. In case of VNEPS failure, the deadline for submission of bids, submission of online quotations, confirmation or refusal of online shopping orders or clarification of E-HSMQT, E-HSMST, E-HSMT, terms of reference, E-HSQT, E-HSDST, E-HSDT, or scientific CVs which falls within the period from the occurrence of the failure to 02 hours after the problem has been successfully corrected shall be automatically extended by VNEPS up to 06 hours after successful completion of recovery procedure.

2. If the new deadline for submission of bids, submission of online quotations, confirmation or refusal of online shopping orders or clarification of E-HSMQT, E-HSMST, E-HSMT, E-HSQT, E-HSDST, or E-HSDT determined according to clause 1 of this Article falls after 17:00 PM but before 11:00 AM of the following day, it shall be automatically extended by VNEPS to 11:00 AM of the following day;

In case of online quotation, if 11:00 AM of the following day does not fall on a business day, the new deadline for submission of online quotations shall be extended to 11:00 AM of the nearest business day.

3. If the deadline for submission of bids is automatically extended by VNEPS as prescribed in clauses 1 and 2 of this Article, evaluation of E-HSQT, E-HSDST, E-HSDT, or scientific CVs shall be carried out on the basis of the deadline for submission of bids indicated in E-TBMQT, E-TBMST, or E-TBMT before VNEPS failure occurs.

Article 7. Management of accounts and use of digital certificates

1. Creation of task-specific accounts:

The participant account holder shall create and delegate rights to use task-specific accounts to perform the roles of a participant in VNEPS as prescribed in clause 8 Article 3 of this Circular; block, unblock; reset password, method and equipment used for authenticating login using task-specific accounts.

2. Use of digital certificates on VNEPS:

a) Any organization or individual that is issued with a digital certificate when participating in VNEPS shall follow procedures for registration of digital certificate according to Instructions for use. A digital certificate used on VNEPS shall be the one issued to the organization or individual prescribed in clause 8 Article 3 of this Circular;

b) The digital certificate shall be used for creating digital signature and authenticating identity of its holder;

c) Registration, change in or cancellation of information on a participant’s digital certificate on VNEPS shall be carried out according to Instructions for use.

d) Each participant shall assume responsibility for the accuracy of its digital certificate used on VNEPS.

Article 8. Sending and receiving electronic documents on VNEPS

1. Electronic documents prescribed in clause 4 Article 3 of this Circular shall have legal validity and be used as the basis for comparing, verifying and authenticating information serving performance of evaluation, appraisal, inspection, supervision, auditing and disbursement tasks as prescribed by law.

2. Sending and receiving times of an electronic document shall be determined according to the times actually recorded on VNEPS. An electronic document which has been successfully sent shall be stored on VNEPS.

3. When an electronic document is sent on VNEPS, the sender shall receive a response from VNEPS that whether the document has been sent successfully or not.

4. When procedures for registration as participant on VNEPS have been successfully completed, the participant shall have the rights to search for the status of its electronic documents and other information on VNEPS. Information on transaction history shall be used for solving any disputes over sending and receipt of electronic documents on VNEPS.

5. Any organization or individual in charge of performing inspection, examination, auditing and disbursement tasks shall not be allowed to request provision of physical documents if corresponding electronic documents can be found or obtained on VNEPS, unless inspection or verification of original copies is deemed necessary.

Article 9. IT infrastructure requirements

Any organization or individual that wishes to become a participant in VNEPS shall be required to meet IT infrastructure requirements laid down in clause 14 Article 78, clause 3 Article 79 and point a clause 3 Article 82 of the Law on Bidding and elaborated in Instructions for use.

Article 10. Connecting VNEPS with Treasury and Budget Management Information System

Payment and finalization documents may be sent to the State Treasury on VNEPS according to Instructions for use by means of connection between VNEPS and the Treasury and Budget Management Information System. Contractors must not provide the State Treasury with information and documents which are stored on VNEPS, including the electronic documents prescribed in clause 4 Article 3 of this Circular.

Chapter II

PROVISION AND PUBLISHING OF INFORMATION ON CONTRACTOR SELECTION

Article 11. Provision of information for establishment of national databases of bidders and quality of goods used

1. Information on legal status of bidders

VNEPS shall extract information on the legal status, financial statements and other information on enterprises, cooperatives and household businesses stored on the National enterprise registration information system, the National cooperative information system and the National household business registration information system. If a bidder is not yet registered on the National enterprise registration information system, the National cooperative information system or the National household business registration information system, it shall be required to provide the abovementioned information when following procedures for registration as a participant in VNEPS.

2. Information on capacity and experience of bidders

a) Information on capacity and experience of bidders shall comply with provisions of point c clause 1 Article 17 of the Decree No. 24/2024/ND-CP. Information on all certificates possessed by the bidder as prescribed by law must be declared on VNEPS.

b) Each bidder shall proactively update information on its capacity and experience as prescribed in point a of this clause on VNEPS and assume legal responsibility for the accuracy of its information declared on VNEPS. When the bidder corrects information on VNEPS at its discretion, the information before and after correction shall be stored on VNEPS. Information on the bidder’s capacity and experience shall be authenticated using the bidder's digital signature.

c) The bidder must attach documents proving the authentication of its capacity and experience. Such attached documents shall be stored and managed on VNEPS.

d) The bidder that intentionally provides inaccurate information for gaining financial benefits or other benefits or avoiding any obligations shall be considered to have committed a fraudulent practice as prescribed in clause 4 Article 16 of the Law on Bidding.

dd) In case the bidder’s financial statement figures on VNEPS have been extracted from the e-Tax system and the National enterprise registration information system, the bidder shall not be required to these figures. In respect of financial statement figures of 2021 onwards, if the bidder finds that its figures are not yet extracted from the e-Tax system and the National enterprise registration information system and updated on VNEPS, it shall make appropriate updates according to its financial statements submitted to tax authorities. All updates made by the bidder shall be stored on VNEPS.

3. Employers shall provide information on bidders’ reputation for participation in bidding as prescribed in point d clause 1 Article 17 of the Decree No. 24/2024/ND-CP .

4. Units in charge of centralized procurement shall provide information on framework agreements as prescribed in clause 2 Article 90 of the Decree No. 24/2024/ND-CP on VNEPS.

5. Employers or units in need of goods in centralized procurement shall provide information on performance of contracts by successful bidders as prescribed in point dd clause 1 Article 17 of the Decree No. 24/2024/ND-CP .

6. Employers or units in need of goods in centralized procurement shall provide information on quality of goods used as prescribed in clause 2 Article 17 of the Decree No. 24/2024/ND-CP .

7. Employers shall provide information on penalties for administrative violations against regulations on bidding as prescribed in point a clause 1 Article 8 of the Law on Bidding.

Article 12. Primary contents of contracts and framework agreements

1. A contract shall, inter alia, include the following primary contents: reference number, parties to the contract, contract price, contract type, package execution duration prescribed in clause 7 Article 39 of the Law on Bidding, contract duration (which is counted from the effective date of the contract to the day on which obligations are fulfilled by the contractual parties under terms and conditions of the contract), effective date of the contract, list of subcontractors (if any), scope of the contract, and other information (if any).

2. The employer or unit in need of goods in centralized procurement shall provide primary contents of the contract within 05 working days from the effective date of the contract as prescribed in clause 4 Article 8 of the Law on Bidding.

3. In case of centralized procurement, the unit in charge of centralized procurement shall publish the following primary contents of the signed framework agreement on VNEPS within 05 working days from the effective date of the framework agreement, including: reference number of the framework agreement, the unit in charge of centralized procurement, value of the framework agreement, contract type, effective date and scope of the framework agreement, and other information (if any).

Article 13. Information on projects, contractor selection master plan and contractor selection plan

1. Time limit for publishing information:

Information on the contractor selection master plan and the contractor selection plan must be published by the employer on VNEPS as prescribed in point a clause 1 and clause 4 Article 8 of the Law on Bidding and clause 6 Article 14 of the Decree No. 24/2024/ND-CP .

2. When publishing the contractor selection master plan, the employee must attach the documents which are used as the basis for formulating the contractor selection master plan as prescribed in clause 2 Article 14 of the Decree No. 24/2024/ND-CP .

Basic information on the project and the contractor selection plan shall be published at the same time.

3. If the cost estimate of a package is approved after the contractor selection plan is approved as prescribed in clause 2 Article 131 of the Decree No. 24/2024/ND-CP , the approved cost estimate must be published on VNEPS at least 05 working days before the bid closing date.

4. Attachments:

The employer shall attach the decision on approval of contractor selection master plan or contractor selection plan to the contractor selection master plan or contractor selection plan published on VNEPS.

Article 14. Invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST

The procuring entity shall publish the invitation for EOI, invitation for prequalification applications, E-TBMQT and E-TBMST on VNEPS according to the contractor selection progress and the contractor selection schedule indicated in the approved contractor selection plan. Cancelation of the invitation for EOI, invitation for prequalification applications, E-TBMQT, or E-TBMST shall only be made before the bid closing time, unless no EOI response, prequalification application, E-HSQT or E-HSDST is submitted.

Article 15. Issuance, modification and clarification of EOI request, prequalification documents, E-HSMQT, E-HSMST

1. Issuance of EOI request, prequalification documents, E-HSMQT, E-HSMST:

The EOI request, prequalification documents, E-HSMQT or E-HSMST shall be approved and issued free of charge on VNEPS immediately after the invitation for prequalification applications, invitation for EOI, E-TBMQT or E-TBMST is successfully published.

The employer or procuring entity shall not be allowed to issue physical copies of the EOI request or prequalification documents to bidders. The physical copy issued by the employer or the procuring entity to bidders shall not be considered as valid grounds for preparation and evaluation of their EOI responses or prequalification applications.

2. Modification of EOI request, prequalification documents, E-HSMQT, E-HSMST:

a) In case of offline contractor selection, if modifications are made to the EOI request or prequalification documents after they have been issued, the procuring entity shall publish the modification decision and the addenda to the EOI request or prequalification documents, or the modification decision and the modified EOI request or prequalification documents which clearly indicate modifications on VNEPS.

b) In case of online contractor selection, if modifications are made to E-HSMQT or E-HSMST after it has been issued, the procuring entity shall publish the modification decision, the addenda to E-HSMQT or E-HSMST, and modified E-HSMQT or E-HSMST on VNEPS.

3. Clarification of EOI request, prequalification documents, E-HSMQT, E-HSMST:

a) A bidder requiring any clarification of the EOI request, prequalification documents, E-HSMQT, or E-HSMST shall send its request for clarification to the procuring entity via VNEPS at least 03 working days before the bid closing date;

b) The procuring entity shall respond to the bidder’s request for clarification of the EOI request, prequalification documents, E-HSMQT, or E-HSMST on VNEPS at least 02 working days before the bid closing date;

c) Any clarifications to the EOI request, prequalification documents, E-HSMQT, or E-HSMST must not be contrary to the contents of the approved EOI request, prequalification documents, E-HSMQT, or E-HSMST. Should the clarification result in changes to the EOI request, prequalification documents, E-HSMQT, or E-HSMST, the modification of the EOI request, prequalification documents, E-HSMQT, or E-HSMST shall comply with provisions of clause 2 of this Article.

Article 16. Shortlisting for packages applying prequalification or invitation for EOI procedure

1. In case of online bidding, the employer shall consider approving the prequalification or invitation for EOI results on VNEPS. E-HSDST or E-HSQT evaluation report shall be published as an attachment (only a general evaluation report is published without attaching scoring reports given by members of the expert team).

2. In case of offline bidding:

a) The procuring entity shall publish the shortlist on VNEPS within 05 working days from the day on which the shortlist is issued;

b) Attachments include the decision on approval of the shortlist; report on evaluation of prequalification applications or EOI responses (only a general evaluation report is published without attaching scoring reports given by members of the expert team).

Article 17. Invitation for bid and E-TBMT

The procuring entity shall publish the invitation for bid or E-TBMT on VNEPS according to the contractor selection progress and the contractor selection schedule indicated in the approved contractor selection plan. Modification or cancelation of the invitation for bid or E-TBMT shall only be made before the bid closing time, unless no bid, E-HSDT or scientific CV is submitted.

Article 18. Issuance, modification and clarification of bidding documents, E-HSMT and terms of reference following common procedure

1. Issuance of bidding documents, E-HSMT and terms of reference:

Bidding documents, E-HSMT and terms of reference shall be approved on VNEPS.

In case of offline contractor selection, the bidding documents shall be issued on VNEPS immediately after the invitation for bid is successfully published. For a package applying shortlisting procedure, the invitation to bid accompanied with the bidding documents shall be sent via VNEPS to shortlisted bidders.

The procuring entity shall not be allowed to issue physical copies of bidding documents to bidders. The physical copies issued by the procuring entity to bidders shall not be considered as valid grounds for preparation and evaluation of bids.

2. Modification of bidding documents, E-HSMT and terms of reference:

a) In case of offline contractor selection, if modifications are made to the bidding documents after they have been issued, the procuring entity shall publish the modification decision and the addenda to the bidding documents, or the modification decision and the modified bidding documents which clearly indicate modifications on VNEPS.

b) In case of online contractor selection, if modifications are made to E-HSMT or terms of reference after they have been issued, the procuring entity shall publish the modification decision, the addenda to E-HSMT or terms of reference, and modified E-HSMT or terms of reference on VNEPS.

3. Clarification of bidding documents, E-HSMT and terms of reference:

a) In case of offline contractor selection, a bidder requiring any clarification of the bidding documents shall send its request for clarification to the procuring entity via VNEPS at least 03 working days (for domestic bidding) or 05 working days (for international bidding) before the bid closing date for consideration.

In case of online contractor selection, a bidder requiring any clarification of E-HSMT or terms of reference shall send its request for clarification to the procuring entity via VNEPS at least 03 working days before the bid submission deadline for consideration.

b) The procuring entity shall receive and respond to the bidder’s request for clarification of bidding documents, E-HSMT or terms of reference on VNEPS at least 02 working days before the bid closing date;

c) Any clarifications to the bidding documents, E-HSMT or terms of reference must not be contrary to the contents of the approved bidding documents, E-HSMT or terms of reference. Should the clarification result in changes to bidding documents, E-HSMT or terms of reference, the modification of the bidding documents, E-HSMT or terms of reference shall comply with provisions of clause 2 of this Article;

d) Where necessary, the procuring entity may convene a pre-bid meeting to clarify the contents of bidding documents or E-HSMT as requested by bidders. The procuring entity shall publish the invitation to the pre-bid meeting on VNEPS. The procuring entity shall record all contents discussed with bidders in the meeting minutes which shall be published on VNEPS within a maximum duration of 02 working days from the end of the meeting.

Article 19. Cancellation, extension and modification of published information

Cancellation, extension and modification of published information shall be carried according to the Instructions for use.

Article 20. Contractor selection results

1. In case of online bidding:

a) The employer shall consider approving and publishing the contractor selection result on VNEPS;

b) E-HSDT evaluation report shall be published as an attachment (only a general evaluation report is published without attaching scoring reports given by members of the expert team).

2. In case of offline bidding:

a) The employer shall publish the contractor selection result on VNEPS within 05 working days from the day on which the contractor selection result is approved;

b) Attachments include decision on approval of the contractor selection result, and bid evaluation report (only a general evaluation report is published without attaching scoring reports given by members of the expert team).

3. In case the package price in the approved contractor selection plan is adjusted as prescribed in point b clause 8 Article 131 of the Decree No. 24/2024/ND-CP , the employer shall publish the decision on adjustment of the package price on VNEPS before the deadline for re-quoting of bid prices.

4. In case of a procurement package, the following detailed information on goods to be supplied by the successful bidder shall be published:

a) List of goods;

b) Marks, number or code;

c) Brand;

d) Year of manufacture;

dd) Origin of goods (country or territory);

e) Manufacturer;

g) Configuration, basic technical specifications;

h) Unit;

i) Quantity;

k) Chapter code, Heading code (i.e. 4 first digits of the code) in the Harmonized Commodity Description and Coding System issued by the World Customs Organization (WCO) (hereinafter referred to as HS code) (if any);

l) Successful bid unit price.

Article 21. Other information published on VNEPS and procedures for publishing information on VNEPS

1. In addition to the information published on VNEPS as prescribed in Articles 11 through 18 and Article 20 of this Circular, the following information shall also be made and published on VNEPS, including:

a) The bid opening record, in case of offline bidding, shall be published on VNEPS within 24 hours from the bid opening time;

b) The bid cancellation decision shall be published on VNEPS within 05 working days from the day on which it is signed;

c) The petition settlement report of the employer or competent person shall be published on VNEPS within 05 working days from the day on which it is made;

d) The list of technically responsive bidders, in case of offline bidding, shall be published on VNEPS within 05 working days from the day on which it is approved;

dd) In case of two-stage bidding procedure, the list of bidders whose bids are responsive to the first stage bidding documents and the list of bidders meeting the second stage technical requirements shall be published on VNEPS within 05 working days from the day on which the list is approved;

e) The list of foreign bidders winning bids in Vietnam shall be published on VNEPS within 15 working days from the effective date of the contract signed with the successful foreign bidder.

2. Procedures for publishing the information prescribed in Articles 11 through 18, Article 20, and clause 1 of this Article shall comply with the Instructions for use.

Article 22. Responsibilities of employers

Each employer shall:
1. Discharge the responsibilities prescribed in Article 78 of the Law on Bidding.

2. Publish the information specified in points a, g, h, i and k clause 1 Article 7 of the Law on Bidding. If a consultant is employed to act as the procuring entity, the employer shall still assume responsibility to publish such information.

3. Publish information on foreign bidders winning bids in Vietnam on VNEPS using Appendix 8 enclosed herewith; procedures for publishing information shall comply with the Instructions for use. This piece of information shall also be sent to the Public Procurement Agency affiliated to the Ministry of Planning and Investment of Vietnam within 07 working days from the day on which the contractor selection result is approved.

4. Assume legal responsibility for the accuracy and truthfulness of the information provided or published on VNEPS using its participant account.

5. Check and verify its publishing of information on VNEPS.

6. Manage and assume responsibility for delegation of rights to use task-specific accounts corresponding to its role; manage the use of its digital certificate on VNEPS.

Article 23. Responsibilities of procuring entities

Each procuring entity shall:
1. Discharge the responsibilities prescribed in Article 79 of the Law on Bidding.

2. Publish the information specified in Points b, c, d and dd Clause 1 Article 7 of the Law on Bidding. In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of this Law in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of the Law on Bidding may be published in either English or both Vietnamese and English.

3. Assume responsibility for the consistency between the documents published on VNEPS and the ones approved. If there is any discrepancy between the document published on VNEPS and the approved one, the former shall prevail.

4. Monitor and update information published on VNEPS and responses from VNEPS.

5. Manage and assume responsibility for delegation of rights to use task-specific accounts corresponding to its role; manage the use of its digital certificate on VNEPS.

Article 24. Responsibilities of Procurement Center and e-GP project enterprise

1. The Procurement Center shall:

a) Manage and supervise operation of VNEPS, and manage and supervise commercial operation and development of VNEPS by the e-GP project enterprise under the BOT contract of the e-GP project, and the Circular of the Minister of Planning and Investment of Vietnam prescribing management and use of contractor and investor selection costs on VNEPS;

b) Develop the Instructions for use; assist participants in following registration procedures, providing and publishing information, and carrying out online contractor selection;

c) Disseminate information and provide training and instructions for participants in VNEPS, and provide other services related to information on online bidding or contractor selection;

d) Cooperate with the e-GP project enterprise in discharging the responsibilities prescribed in Article 52 of the Law on Bidding.

2. The e-GP project enterprise shall:

a) Discharge the responsibilities prescribed in Article 52 of the Law on Bidding;

b) Cooperate with the Procurement Center in discharging the responsibilities prescribed in clause 1 of this Article.

Chapter III

REQUIRED CONTENTS OF BIDDING DOCUMENTS

Article 25. Preparation, submission, appraisal and approval of E-HSMQT, E-HSMST, E- HSMT

1. The expert team shall prepare E-HSMQT, E-HSMST, E-HSMT on VNEPS. The procuring entity shall submit E-HSMQT, E-HSMST or E-HSMT prepared by the expert team to the employer for organizing appraisal and approval.

2. E-HSMQT, E-HSMST or E-HSMT must include adequate necessary information as the basis for the preparation of responsive E-HSQT, E-HSDST or E-HSDT by bidders. If E-HSMQT, E-HSMST or E-HSMT published by the procuring entity is incomplete (lack of design, drawings and other documents) or contains misleading information, and thus causes difficulties to bidders in preparing their bids, the published E-HSMQT, E-HSMST or E-HSMT shall be considered invalid. The employer or procuring entity shall be required to modify and re-publish complete E -HSMQT, E-HSMST or E-HSMT. Such modification of E -HSMQT, E-HSMST or E-HSMT shall comply with provisions of Clause 2 Article 15 and Clause 2 Article 18 of this Circular.

3. In respect of a procurement, construction, non-consulting service, EPC, EP, EC, PC, or medical device hiring package, the bidding data sheet, validity evaluation criteria, and capacity and experience requirements set out in E-HSMST or E-HSMT shall be digitalized as webforms on VNEPS. The employer or procuring entity shall not be allowed to attach any other files on the bidding data sheet, validity evaluation criteria, and capacity and experience requirements to E-HSMST or E-HSMT. Any bidding data sheet, validity evaluation criteria, and capacity and experience requirements which are not digitalized as webforms shall not be treated as part of E-HSMST or E-HSMT and may be disregarded by bidders.

4. In case of a package applying prequalification or invitation for EOI procedure, of there are changes in the bidder’s capacity and experience upon submission of its E-HSDT compared to those declared in its prequalification application or EOI response, the bidder shall provide updated information on its capacity and experience.

5. If E-HSMT has any contents that limit the participation of bidder(s) or give advantage for one or some bidders resulting in unfair competition or violation of the provisions of Clause 3 Article 44 of the Law on Bidding as prescribed in Appendix 10 enclosed herewith, the procuring entity or expert team shall not be allowed to reject E-HSDT that is not responsive to these contents but these contents shall be considered invalid as prescribe in Clause 4 Article 44 of the Law on Bidding and shall not be used as the basis for E-HSDT evaluation.

6. If a consultant is employed to play the role of the procuring entity or expert team in publishing information, preparing E-HSMQT, E-HSMST, E-HSMT, and evaluating E-HSQT, E-HSDST, E-HSDT, the employed consultant shall comply with the Instructions for use.

Article 26. Responsibilities of bidders during participation in bidding

1. Each bidder shall assume responsibility for the accuracy of the information provided in webforms and files attached to its submitted bid. The bidder shall enter information as required by E-HSMQT, E-HSMST or E-HSMT and attach files to create a complete package of E-HSQT, E-HSDST or E-HSDT as follows:

a) Information on validity of E-HSQT, E-HSDST or E-HSDT:

Regarding the bid security: the bidder shall provide information and attach the scanned copy of the bid security. In case of electronic bid security, the bidder shall choose either a letter of guarantee given by a domestic credit institution or a foreign bank branch established under the law of Vietnam or a certificate of surety bond insurance issued by a domestic non-life company or a branch of a foreign non-life insurance company established under the law of Vietnam, and retain it on VNEPS together with its E-HSDT. In case of a consortium, all consortium members must furnish bid securities in the same form (electronic or physical bid security);

Regarding other contents: the bidder shall only provide information on webforms without attaching scanned copies of relevant documents.

b) Information on bidder’s capacity and experience:

Regarding similar contracts and manufacturing capacity: the bidder shall provide information and attach files of relevant documents proving the accuracy of information provided;

Regarding financial resources requirement: the bidder shall provide information. In case the bidder uses commitment on credit extension to prove its financial capability, as permitted by the employer, in addition to declaration of information, the bidder shall also attach the scanned copy of the commitment to its E- HSDST or E-HSDT;

Regarding annual revenue and net asset value: from 2021 onwards, VNEPS shall automatically extract figures on financial statements of the bidder from the National enterprise registration information system and the e-Tax system, and add them to the bidder’s capacity profiles;

Regarding other contents: the bidder shall provide information on webforms without attaching scanned copies of relevant documents;

In respect of financial statement figures of 2021 onwards, if the bidder finds that its figures of 2021 onwards are not yet extracted from the e-Tax system and updated on VNEPS, it shall make appropriate updates according to its financial statements submitted to tax authorities. If there are discrepancies between the figures updated by the bidder on VNEPS and those on the e-Tax system resulting in false contractor selection result, the bidder shall be considered to have committed a fraudulent practice as prescribed in clause 4 Article 16 of the Law on Bidding.

2. The bidder shall examine all contents of E-HSMQT, E-HSMST or E-HSMT for packages in which it is interesting to prepare its E-HSQT, E-HSDST or E-HSDT in conformity with the requirements of the E-HSMQT, E-HSMST or E-HSMT. If E-HSMQT, E-HSMST, or E-HSMT is found to have confusing information which makes the bidder difficult to prepare its E-HSQT, E-HSDST, or E-HSDT, the bidder shall send a request for clarification of E-HSMQT, E-HSMST, or E-HSMT to the employer or procuring entity for considering and making appropriate modifications.

3. The bidder shall access VNEPS to monitor and receive updated information on the package in which it is interesting or for which bid is submitted. Where any errors which occur as a result of the bidder’s failure to monitor and receive the information updated on VNEPS cause it suffering disadvantaged conditions during its participation in bidding, including: modification of E-HSMQT, E-HSMST, or E-HSMT, change in the E-HSQT, E-HSDST, or E-HSDT submission deadline, time limit for clarification of E-HSQT, E- HSDST, or E-HSDT, contract negotiation schedule and other contents, the bidder shall itself assume responsibility for such errors and suffer such disadvantaged conditions during its participation in bidding.

4. In case the bidder’s legal representative authorizes the director of a branch, financially dependent subsidiary or factory of the bidder or the head of its another financially dependent unit to perform tasks during participation in bidding, submission of bid on VNEPS must be made using the bidder’s participant account instead of the participant account of that branch, subsidiary, factory or unit. If a bid is submitted using the participant account of its branch or (financially dependent) affiliated unit, the bidder shall be considered to have failed eligibility requirements as prescribed in clause 1 Article 5 of the Law on Bidding.

5. The bidder shall discharge other responsibilities, including:

a) Follow procedures for registration as a participant in VNEPS to ensure its eligibility as prescribed in point d clause 1 Article 5 of the Law on Bidding;

b) Discharge the responsibilities prescribed in Article 82 of the Law on Bidding;

c) Manage its participant account and digital certificate used on VNEPS.

Article 27. Samples

E-HSMT shall not impose any requirements regarding samples. If samples of goods are required to serve technical evaluation, the employer shall request the competent person to make consideration and decision. Such a request must clearly state the reasons for required samples. The investor or procuring entity must ensure that the request for supply of samples will not cause an increase in the package costs and is not aimed at limiting participation of bidders or giving advantage to one or some bidders, thereby causing unfair competition. If samples of goods are required under E-HSMT, the bidder may additionally provide required samples within 05 working days after the bid closing date.

Article 28. Bid opening in case of online contractor selection

1. In case of single-stage one-envelope bidding procedure:

The procuring entity shall organize the bid opening and publish the bid opening record on VNEPS within 02 hours from the bid closing time.

2. In case of single-stage two-envelope bidding procedure:

a) The procuring entity shall organize the E-HSDXKT opening and publish the E-HSDXKT opening record on VNEPS within 02 hours from the bid closing time;

b) After the decision on approval of the list of technical responsive bidders is issued, the procuring entity shall publish the list and the scanned copy of the said decision on VNEPS. After such publishing procedure has been successfully completed, notification thereof will be sent by VNEPS to bidders;

c) After publishing the list of technically responsive bidders, the procuring entity shall organize the opening of E-HSDXTCs of the listed bidders and publish the E-HSDXTC opening record on VNEPS.

Article 29. E-HSDT evaluation

1. E-HSDT evaluation procedures:

a) Process 01 applies to all packages and includes: evaluation of validity of E-HSDT; evaluation of capacity and experience; technical evaluation; financial evaluation.

In respect of a centralized procurement package where supply capacity-based contractor selection is carried out, bid security, average annual revenue, similar contracts and manufacturing capacity shall be evaluated when carrying out financial evaluation.

b) Process 02 applies to procurement, non-consulting service and medical device hiring packages applying single-state one-envelope procedure, and employs the “least-cost” method. Under this process, no bidder or E-HSDT will be given incentives.

Based on the bid opening record, bidders shall be automatically ranked by VNEPS in ascending order of their bid prices after deduction of discounts (if any) (in this case, approval of the list of ranked bidders shall not be required). Where there are 02 or more bidders ranked first, evaluation shall be carried out following process 01 instead of process 02.

Evaluation of validity of E-HSDT of the first-ranked bidder.

Evaluation of capacity and experience of the first-ranked bidder.

Technical evaluation of the first-ranked bidder.

If the first-ranked bidder is found nonresponsive, E-HSDT of the next-ranked bidder will be evaluated.

c) Regarding a package applying single-stage one-envelope procedure, based on E-HSDTs submitted by bidders on VNEPS and the E-HSDT evaluation method stated in E-HSMT, the expert team shall carry out evaluation of E-HSDT following either of the processes prescribed in points a and b of this clause. Process 02 shall be employed only when the conditions in point b of this clause are satisfied.

2. If there is only one bid is received or only one bidder meeting technical requirements, determination of the evaluated price (in case the evaluated-price method is employed), or the combined score (in case the combined technique and price-based method is employed), determination of incentives, and ranking of bidders shall not be required.

3. Upon completion of the E-HSDT evaluation, the expert team leader shall attach the scanned copy of the E-HSDT evaluation report (which bears signatures of all members of the expert team) on VNEPS. The expert team leader shall assume responsibility for the consistency between the physical copy of the E-HSDT evaluation report which bears signatures of all members of the expert team and its scanned copy published on VNEPS.

Article 30. Submission, appraisal and approval of contractor selection result

1. The procuring entity shall make a request for approval of contractor selection result using the form in Appendix 5A enclosed herewith, and submit it together with the E-HSDT evaluation report to the employer.

2. The employer shall consider giving approval of contractor selection result using the form in Appendix 5B enclosed herewith on the basis of the request for approval of contractor selection result, E-HSDT evaluation report and report on appraisal of contractor selection result.

Article 31. Electronic contracts

1. Electronic contracts are signed on VNEPS according to provisions of point i clause 2 Article 50 of the Law on Bidding. Application of electronic contracts to packages applying direct contracting, direct procurement, price negotiation or contractor selection in special circumstances, packages with community participation and selection of individual consultant adopting simplified procedure is encouraged.

2. Electronic contract documents which include part of the contract documents prescribed in Article 65 of the Law on Bidding, and bear digital signatures of the parties to the contract, include:

a) Contract agreement;

b) Special conditions of contract which include adequate and complete required information and any modifications and clarifications made during the contractor selection, contract negotiation and completion;

c) Contract appendices, including the activity schedule, price schedules, and execution schedule (if any);

d) Other documents (if any).

3. In case of competitive bidding, limited bidding, shopping or direct quotation under common procedure, the electronic contract documents may only include one or some of the documents specified in clause 2 of this Article.

4. The contract agreement is made using the form of electronic contract provided in E-HSMT as prescribed in this Circular or other relevant laws. Depending on the scale and nature of the package, the employer is entitled to make appropriate modifications to the form of electronic contract provided in E-HSMT. If the special conditions of contract contain adequate and complete information as required and all modifications and clarifications made during the contractor selection, contract negotiation and completion (if any), the inclusion of these information and modifications in the contract agreement is not required to avoid duplication.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 32. Transition

1. If the contractor selection plan for a package has been approved (whether it is published on VNEPS or not) before January 01, 2024 but EOI request, prequalification documents, bidding documents, or request for proposals is still not yet issued by the effective date of this Circular, appropriate modifications must be made to the approved contractor selection plan to make it conformable with provisions of the Law on Bidding, Decree No. 24/2024/ND-CP and this Circular.

2. Regarding a package for which online contractor selection and preparation of E-HSMST, E-HSMQT, or E-HSMT according to provisions of the Circular No. 06/2024/TT-BKHDT dated April 26, 2024 of the Minister of Planning and Investment of Vietnam providing guidelines for provision and publishing of information on contractor selection and forms of bidding documents on VNEPS (hereinafter referred to as “Circular No. 06/2024/TT-BKHDT”) has been approved:

a) If E-HSMST, E-HSMQT, or E-HSMT is published on VNEPS within the period from April 26, 2024 to before the effective date of this Circular, shortlisting, contractor selection, signing and management of contract performance shall continue to be carried out in accordance with provisions of Law on Bidding, Decree No. 24/2024/ND-CP and Circular No. 06/2024/TT-BKHDT ;

b) From the effective date of this Circular, if E-HSMST, E-HSMQT, E-HSMT is yet to be prepared or has been prepared and approved but not yet published on VNEPS, it must be prepared or modified and re-approved in accordance with provisions of this Circular.

c) If E-HSMST, E-HSMQT, E-HSMT has been published on VNEPS before December 01, 2024, approval of prequalification, invitation for EOI or contractor selection result on VNEPS shall not be required.

d) From December 01, 2024, if E-HSMST, E-HSMQT, E-HSMT is yet to be prepared or has been prepared and approved but not yet published on VNEPS, approval of E-HSMST, E-HSMQT, E-HSMT, and approval of prequalification, invitation for EOI or contractor selection result on VNEPS shall be mandatory.

3. Regarding a package applying offline contractor selection:

a) If prequalification documents, EOI request, or bidding documents are published on VNEPS within the period from April 26, 2024 to before the effective date of this Circular, shortlisting, contractor selection, signing and management of contract performance shall continue to be carried out in accordance with provisions of the Law on Bidding, and Decree No. 24/2024/ND-CP ;

b) From the effective date of this Circular, if prequalification documents, EOI request, or bidding documents are yet to be prepared or have been approved but not yet published on VNEPS, they must be prepared or modified, re-appraised and re-approved in accordance with provisions of the Law on Bidding, and Decree No. 24/2024/ND-CP .

4. If the contractor selection form is changed from “offline” to “online”, the employer shall not be required to request the competent person to approve modification to the contractor selection plan but shall change the contractor selection form on VNEPS from “offline” to “online”. Such change shall be made following procedures in the Instructions for use.

Article 33. Effect

1. This Circular comes into force from January 01, 2025, except the following provisions which shall come into force from December 01, 2024:

a) Clause 1 Article 16, clause 1 Article 18, clause 1 Article 20 of this Circular and other provisions on approval of E-HSMQT, E- HSMST, E-HSMT, prequalification, invitation for EOI and contractor selection results in case of online contractor selection on VNEPS;

b) Points c, d and dd clause 12 Article 4 of this Circular and other provisions on online quotation for procurement and non-consulting service packages under simplified procedure, and online quotation for handling situations as prescribed in Article 131 of the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024.

2. The Circular No. 06/2024/TT-BKHDT shall cease to have effect from the effective date of this Circular.

3. Publishing of information that needs to be kept confidential and cannot be published on VNEPS during the contractor selection shall be subject to decision of competent persons.

4. In case of a package with peculiar nature where the application of E-HSMST, E-HSMQT, or E-HSMT form enclosed herewith will result in fewer than 03 bidders meeting average annual revenue and similar contract requirements, the employer shall modify these requirements following these rules:

a) Modifications to the average annual revenue and similar contract requirements laid down in E-HSMST, E-HSMQT, or E-HSMT form enclosed herewith must ensure reasonable division of the package into smaller packages whose scale should not be too large to restrict competitiveness.

b) Modifications to E-HSMST, E-HSMQT, E-HSMT must be clearly stated in the request for approval of E-HSMST, E-HSMQT, E-HSMT submitted to the employer;

c) The employer must ensure in any case that such modifications will not limit the participation by bidders and that the selected bidder has appropriate capacity and experience for executing the package.

5. From the effective date of this Circular, preparation of bidding documents for offline contractor selection shall be subject to the following provisions:

a) Regarding procurement, construction, consulting service or non-consulting service packages applying international bidding method, employers shall make modifications to forms of bidding documents enclosed with Circulars providing guidelines for implementation of the Decree prescribing bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the EU–Vietnam Free Trade Agreement, and the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland, provided that such modifications shall not be contrary to provisions of the Law on Bidding and Decree No. 24/2024/ND-CP ;

b) Regarding procurement, construction, consulting service, non-consulting service or mixed packages applying domestic bidding method, employers shall make modifications to the E-HSMT form enclosed herewith, provided that such modifications shall not be contrary to provisions of the Law on Bidding and Decree No. 24/2024/ND-CP , and be suitable for offline contractor selection form.

6. The Ministry of Planning and Investment of Vietnam shall annually provide guidance on provision and publishing of information on bidding activities on VNEPS according to the official schedule of Lunar New Year and other public holidays announced by the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

7. Any changes in webforms on VNEPS shall comply with provisions of point dd clause 1 Article 135 of the Decree No. 24/2024/ND-CP .

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

Bài viết liên quan

Mẫu báo cáo thẩm định kế hoạch lựa chọn nhà thầu chuẩn pháp lý mới nhất 2025

Mẫu báo cáo thẩm định kế hoạch lựa chọn nhà thầu chuẩn pháp lý mới nhất 2025

Mẫu báo cáo thẩm định kế hoạch lựa chọn nhà thầu mới nhất năm 2025 là Mẫu số 02B tại Phụ lục ban hành kèm theo Thông tư 22/2024/TT-BKHĐT. Mời quý bạn đọc tải xuống Mẫu báo cáo thẩm định kế hoạch lựa chọn nhà thầu tại bài viết sau. 26/06/2025

Mẫu bảo lãnh thực hiện hợp đồng có hướng dẫn chuẩn pháp lý mới nhất 2025

Mẫu bảo lãnh thực hiện hợp đồng có hướng dẫn chuẩn pháp lý mới nhất 2025

Trong các giao dịch dân sự, thương mại hoặc xây dựng, bảo lãnh thực hiện hợp đồng là một trong những cơ chế quan trọng nhằm đảm bảo nghĩa vụ của bên tham gia hợp đồng được thực hiện đúng cam kết. Đây là biện pháp pháp lý thường xuyên được sử dụng để tăng cường tính minh bạch, an toàn và ràng buộc trong quan hệ hợp đồng, đặc biệt là trong các dự án có giá trị lớn hoặc yêu cầu tiến độ nghiêm ngặt. Sau đây là Mẫu bảo lãnh thực hiện hợp đồng có hướng dẫn chuẩn pháp lý mới nhất 2025 26/05/2025

Bảo lãnh thực hiện hợp đồng trước hay sau khi ký hợp đồng?

Bảo lãnh thực hiện hợp đồng trước hay sau khi ký hợp đồng?

Trong các giao dịch dân sự, thương mại hoặc xây dựng, bảo lãnh thực hiện hợp đồng là một trong những cơ chế quan trọng nhằm đảm bảo nghĩa vụ của bên tham gia hợp đồng được thực hiện đúng cam kết. Đây là biện pháp pháp lý thường xuyên được sử dụng để tăng cường tính minh bạch, an toàn và ràng buộc trong quan hệ hợp đồng, đặc biệt là trong các dự án có giá trị lớn hoặc yêu cầu tiến độ nghiêm ngặt. Sau đây là giải đáp cho thắc mắc Bảo lãnh thực hiện hợp đồng trước hay sau khi ký hợp đồng? 26/05/2025

Phạm vi bảo lãnh thực hiện hợp đồng là những nghĩa vụ nào trong hợp đồng?

Phạm vi bảo lãnh thực hiện hợp đồng là những nghĩa vụ nào trong hợp đồng?

Trong các giao dịch dân sự, thương mại hoặc xây dựng, bảo lãnh thực hiện hợp đồng là một trong những cơ chế quan trọng nhằm đảm bảo nghĩa vụ của bên tham gia hợp đồng được thực hiện đúng cam kết. Đây là biện pháp pháp lý thường xuyên được sử dụng để tăng cường tính minh bạch, an toàn và ràng buộc trong quan hệ hợp đồng, đặc biệt là trong các dự án có giá trị lớn hoặc yêu cầu tiến độ nghiêm ngặt. Năm 2025, một số quy định pháp luật mới liên quan đến bảo lãnh thực hiện hợp đồng đã được cập nhật và có hiệu lực, tác động trực tiếp đến quyền và nghĩa vụ của các bên trong hợp đồng. Việc hiểu Mức bảo lãnh thực hiện hợp đồng bao nhiêu phần trăm tối đa? cũng như các quy định pháp lý mới nhất là điều cần thiết để hạn chế rủi ro và đảm bảo quyền lợi hợp pháp của mình. 26/05/2025

Mức bảo lãnh thực hiện hợp đồng bao nhiêu phần trăm tối đa?

Mức bảo lãnh thực hiện hợp đồng bao nhiêu phần trăm tối đa?

Trong các giao dịch dân sự, thương mại hoặc xây dựng, bảo lãnh thực hiện hợp đồng là một trong những cơ chế quan trọng nhằm đảm bảo nghĩa vụ của bên tham gia hợp đồng được thực hiện đúng cam kết. Đây là biện pháp pháp lý thường xuyên được sử dụng để tăng cường tính minh bạch, an toàn và ràng buộc trong quan hệ hợp đồng, đặc biệt là trong các dự án có giá trị lớn hoặc yêu cầu tiến độ nghiêm ngặt. Năm 2025, một số quy định pháp luật mới liên quan đến bảo lãnh thực hiện hợp đồng đã được cập nhật và có hiệu lực, tác động trực tiếp đến quyền và nghĩa vụ của các bên trong hợp đồng. Việc hiểu Mức bảo lãnh thực hiện hợp đồng bao nhiêu phần trăm tối đa? cũng như các quy định pháp lý mới nhất là điều cần thiết để hạn chế rủi ro và đảm bảo quyền lợi hợp pháp của mình. 26/05/2025

Bảo lãnh thực hiện hợp đồng? Quy định cần biết về bảo lãnh thực hiện hợp đồng mới nhất 2025

Bảo lãnh thực hiện hợp đồng? Quy định cần biết về bảo lãnh thực hiện hợp đồng mới nhất 2025

Trong các giao dịch dân sự, thương mại hoặc xây dựng, bảo lãnh thực hiện hợp đồng là một trong những cơ chế quan trọng nhằm đảm bảo nghĩa vụ của bên tham gia hợp đồng được thực hiện đúng cam kết. Đây là biện pháp pháp lý thường xuyên được sử dụng để tăng cường tính minh bạch, an toàn và ràng buộc trong quan hệ hợp đồng, đặc biệt là trong các dự án có giá trị lớn hoặc yêu cầu tiến độ nghiêm ngặt. Năm 2025, một số quy định pháp luật mới liên quan đến bảo lãnh thực hiện hợp đồng đã được cập nhật và có hiệu lực, tác động trực tiếp đến quyền và nghĩa vụ của các bên trong hợp đồng. Việc hiểu rõ khái niệm, hình thức, phạm vi bảo lãnh cũng như các quy định pháp lý mới nhất là điều cần thiết để hạn chế rủi ro và đảm bảo quyền lợi hợp pháp của mình. 26/05/2025