Circular 06/2021/TT-BKHDT charges for publication of information on the Vietnam National E-Procurement System

CIRCULAR

Detailing the collection, remittance, management and use of charges related to registration and publication of information, selection of contractors and investors via the Vietnam National E-Procurement System and the Bidding Newspaper

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Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection;

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

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government's Decree No. 120/2020/ND-CP dated October 07, 2020 defining the establishment, reorganization and dissolution of public non-business units;

Pursuant to the Government's Decree No. 35/2021/ND-CP dated March 29, 2021 detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership;

At the proposal of the Director of Public Procurement Agency,

The Minister of Planning and Investment promulgates the Circular detailing the collection, remittance, management and use of charges related to registration and publication of information, selection of contractors and investors via the Vietnam National E-Procurement System and the Bidding Newspaper.

Chapter I

GENERAL PROVISIONS

             Article 1. Scope of regulation

1. This Circular details the following contents:

a) Collection, remittance, management and use of Charges for use of services applicable to bidding packages, projects within the scope of application specified in Article 1 of the Bidding Law;

b) Collection, remittance, management and use of charges specified in Clause 6 Article 32 of the Government's Decree No. 35/2021/ND-CP dated March 29, 2021 detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership (hereinafter referred to as Decree No. 35/2021/ND-CP).

2. Collection, remittance, management and use of charges specified in Clauses 1, 2, 3, 4 and 5 Article 32 of the Decree No. 35/2021/ND-CP shall comply with the Ministry of Finance’s guidance.

Article 2. Subjects of application

1. This Decree shall apply to:

a) Organizations and individuals that register, publicize information, select contractors and investors under Clause 1 Article 1 of this Circular;

b) Organizations and individuals related to the management and operation of the Vietnam National E-Procurement System.

2. Organizations and individuals outside the scope of regulation stated in Clause 1 Article 1 of this Circular may apply this Circular to carry out the registration and publication of information, selection of contractors and investors via the Vietnam National E-Procurement System.

Article 3. Interpretation of terms

1. Vietnam National E-Procurement System (hereinafter referred to as the System) is an information technology system developed and managed by the Ministry of Planning and Investment in accordance with Clause 26 Article 4 of the Bidding Law, at the website http://muasamcong.mpi.gov.vn.

2. Vietnam National E-Procurement Center under the Ministry of Planning and Investment’s Public Procurement Agency is the organization operating the System under Article 75 of the Bidding Law.

3. E-GP project means the “Vietnam’s electronic government procurement (e-GP) system” in the form of public-private partnership, that is approved according to Decision No. 1546/QD-BKHDT dated October 30, 2014 of the Minister of Planning and Investment, Decision No. 2032/QD-BKHDT dated December 23, 2019 of the Minister of Planning and Investment and other amending and supplementing decisions (if any).

4. BOT contract of e-GP project means the written agreement and appendices attached (if any) that are signed between the Ministry of Planning and Investment and the Investor selected to perform the e-GP project, e-GP enterprise, stating that the State empowers the Investor, e-GP enterprise to invest, design, build, operate, maintain, upgrade and transform the Vietnam National E-Procurement System in the form of public-private partnership (PPP).

5. E-GP enterprise means the enterprise that is established by the selected Investor to perform the e-GP project in accordance with law provisions with the sole purpose of carrying out the BOT contract of e-GP project.

6. Charges for use of services means types of charges specified in Clause 3 Article 13 of the Bidding Law, Clause 9 Article 9 and Article 86 of the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection, Clause 6 Article 32 of the Decree No. 35/2021/ND-CP.

7. E-contract means a contract that is made in the form of data message, created, transmitted, received, digitally signed and stored in the System and is legally valid in accordance with law provisions on e-transactions.

Chapter II

PRINCIPLES FOR COLLECTION AND SPENDING, CHARGE RATES AND ORGANIZATION OF COLLECTION AND PAYMENT OF CHARGES FOR USE OF SERVICES

             Article 4. Principles for collection and spending of Charges for use of services

1. The Vietnam National E-Procurement Center, Bidding Newspaper, e-GP enterprise shall be responsible for collecting, managing and using the revenues from Charges for use of services in accordance with this Circular and the BOT contract of e-GP project to provide services in the System and Bidding Newspaper.

2. The revenues from Charges for use of services shall be used for performance of the following tasks:

a) Management, maintenance, operation and development of the System;

b) Publication of information on bidding and on selection of investors in the System, the Bidding Newspaper;

c) Selection of contractors and investors via the System;

d) Other current spending tasks and spending for investment related to organization of management, maintenance, operation and development of the Systems of Vietnam National E-Procurement Center and Bidding Newspaper.

3. The revenues from Charges for use of services in the System, the Bidding Newspaper shall be allocated for the operation of the Vietnam National E-Procurement Center and the Bidding Newspaper in accordance with the financial autonomy mechanism applicable to public non-business units.

4. The state budget sources must not be used for the implementation of tasks specified in Clause 2 of this Article. The difference between revenues and expenditures shall be accounted into funds in accordance with current law provisions and only used to serve the tasks defined in Clause 2 of this Article.

Article 5. Charge rates for use of services

1. Charges for selection of contractors, investors via the System include:

a) Charge for registration for participation in the System (collect once upon registration) shall be VND 550,000 (including the value-added tax);

b) Charge for maintaining of names and capacity profiles of contractors, investors in the System shall be VND 550,000 for one (01) year (including the value-added tax). The contractors, investors shall pay such charge from the year after the year of registration for participation in the System;

c) Charge for submission of bid dossiers shall be VND 330,000 for one (01) bidding package (including the value-added tax); Charge for submission of dossiers of proposals shall be VND 220,000 for one (01) bidding package (including the value-added tax);

d) Charge for winning contractors shall be equal to 0.022% of winning bid but not exceed VND 2,200,000 (including the value-added tax). In case a bidding package consists of many separate parts, the charge for winning contractor shall be calculated according to the winning bid of each part;

dd) Charge for use of e-contracts shall be equal to 0.022% of the contract cost but not exceed VND 2,200,000 (including the value-added tax).

2. Charge for publication of information on bidding in the System, the Bidding Newspaper:

a) Charge for publication of notice of invitation of bids, notice of invitation for expression of interest, notice of invitation to prequalification shall be VND 330,000 for one (01) bidding package or one (01) project for one (01) language (including the value-added tax);

b) Charge for publication of notice of invitation of offers, a short list shall be VND 165,000 for one (01) bidding package for one (01) language (including the value-added tax).

Article 6. Organization of collection and payment of Charges for use of services

1. Organization of collection of Charges for use of services:

a) The Vietnam National E-Procurement Center shall be responsible for collecting Charges for use of services specified at Point a, b Clause 1 Article 5 of this Circular. The account used for collection is the Vietnam dong account of the Vietnam National E-Procurement Center opened at a commercial bank;

b) The Bidding Newspaper shall be responsible for collecting Charges for use of services specified in Clause 2 Article 5 of this Circular. The account used for collection is the Vietnam dong account of the Bidding Newspaper opened at a commercial bank.

Part of revenues from charges for publication of information on bidding shall be transferred by the Bidding Newspaper to the Vietnam National E-Procurement Center under a Decision of the Minister of Planing and Investment for management and supervision of upgrade, operation and development of the System, ensuring the continuity and stability of publication of information on bidding in the System, the remainder shall be used to carry out the function of publication of information on bidding in the Bidding Newspaper;

c) The e-GP enterprise shall collect Charges for use of services specified at Points c, d and dd Clause 1 Article 5 of this Circular via the BOT contract of e-GP project.  The time of collection shall comply with Clauses 3 and 4 Article 11 of this Circular. The account used for collection is the Vietnam dong account of the e-GP enterprise opened at a commercial bank.

2. Organization of payment of Charges for use of services:

a) Bid solicitors shall pay the charge for publication of information on bidding prescribed in Clause 2 Article 5 of this Circular within 14 days at most from the date on which the information is duly published by the bid solicitors in the System;

b) Contractors shall pay charges prescribed in Clause 1 Article 5 of this Circular as follows:

- For the charge for registration for participation in the System, the time limit of payment is 14 days from the date on which the registration in the System is approved;

- For the charge for maintaining of names and capacity profiles of contractors in the System, the payment must be made before April 01 every year (except for the year of registration in the System); contractors are not required to pay the charge for maintaining of their names and capacity profiles in the System for a year in which their accounts are officially announced to be suspended for the whole year (from January 01 to the end of December 31 of such year);

In case the contractors pay the charge for maintaining of their names and capacity profiles in the System for many years (5 years at most), the amount shall be deducted for each year; during such period, if the contractors register to suspend their accounts in the System for the whole year (from January 01 to the end of December 31 of the year of registration), the remaining amount shall be reserved and automatically deducted for the following years after they register to restore their accounts in the System;

- For the charges for submission of bid dossiers, dossiers of proposals, the time limit of payment is 14 days from the date of bid opening;

- For the charge for winning contractors, the time limit of payment is 14 days from the date of contract signing;

- For the charge for use of e-contracts, the time limit of payment is 14 days from the date on which the e-contracts are digitally signed in the System by the parties. The contractors not using the service of e-contracts shall not pay such charge.

c) Investors shall pay charges for participation in the System prescribed at Points a and b Clause 1 Article 5 of this Circular as follows:

- For the charge for registration for participation in the System, the time limit of payment is 14 days from the date on which the registration in the System is approved;

- For the charge for maintaining of names and capacity profiles of investors in the System, the payment must be made before April 01 every year (except for the year of registration in the System); the investors are not required to pay the charge for maintaining of their names and capacity profiles in the System for a year in which their accounts are officially announced to be suspended for the whole year (from January 01 to the end of December 31 of such year);

In case the investors pay the charge for maintaining of their names and capacity profiles in the System for many years (5 years at most), the amount shall be deducted for each year; during such period, if the investors register to suspend their accounts in the System for the whole year (from January 01 to the end of December 31 of the year of registration), the remaining amount shall be reserved and automatically deducted for the following years after they register to restore their accounts in the System.

Chapter III

MANAGEMENT AND USE OF REVENUES FROM CHARGES FOR USE OF SERVICES

             Article 7. Management and use of revenues from Charges for use of services of Vietnam National E-Procurement Center

1. Spending contents:

a) Spending for performance of obligations to the State Budget;

b) Spending for organization of management and supervision of publication of information on bidding, information on selection of investors in the System;

c) Spending for organization of management, supervision, operation and development of the System;

d) Spending for management and supervision of the e-GP enterprise;

dd) Spending for activities of guiding and training the System’s users;

e) Spending for communications and international cooperation on online bidding;

g) Spending for activities relating to receipt and handling of dossiers requesting for participation in the System, application of information technology in bidding and management of database;

h) Spending for investment and use of funds in accordance with provisions on autonomy applicable to public non-business units;

i) Current expenditures and other investment expenditures for the implementation of online bidding.

2. Distribution of financial results and setting aside of funds shall comply with the autonomy mechanism in accordance with recent law provisions.

3. The state budget sources must not be used for the implementation of tasks specified in Clause 1 of this Article. The difference between revenues and expenditures shall be accounted into funds in accordance with current law provisions and only used to serve the tasks defined in Clause 1 of this Article.

4. Preparation, approval and adjustment of annual plans and account finalizations of revenues and expenditures:

a) The Vietnam National E-Procurement Center shall make a plan on revenue and plan on expenditure relating to selection of contractors, investors in the System; publication of information on bidding, information on selection of investors, using the contents defined in Appendix I issued together with this Circular and submit them to the Management Council or synthesize them into the Public Procurement Agency’s estimates and submit to the Ministry of Planning and Investment for approval (in case the Management Council has not been established);

b) In cases of tasks arising, the Management Council or the Public Procurement Agency (in case the Management Council has not been established) may proactively adjust revenues and expenditures specified in Appendix I issued together with this Circular and shall take responsibility for the adjustment within the approved annual plan. The adjustment is only permitted to be made in the planning year;

c) The Vietnam National E-Procurement Center shall make account finalization of revenues and expenditures, using the contents defined in Appendix II issued together with this Circular and make finalization into the Public Procurement Agency’s operation funds.

Article 8. Management and use of revenues from Charges for use of services of the Bidding Newspaper

1. Spending contents:

a) Spending for performance of obligations to the State Budget;

b) Spending for printing of Newspaper;

c) Spending for nationwide transportation and distribution of Newspaper;

d) Spending for individuals’ participation in publication of information on bidding, including:  salary, allowances, other valid expenses for employees as specified by law provisions;

dd) Spending for stationery, office supplies, communications, electricity, water, application of information technology and outsourcing serving the publication of information on bidding;

e) Spending for procurement, regular maintenance and repair, major repair, warranty, maintenance, upgrade of system of properties, machinery and equipment used for publication of information on bidding;

g) Spending for organization and management of publication and distribution of information in bidding;

h) Current expenditures and other investment expenditures relating to the management and publication of information on bidding.

2. Distribution of financial results and setting aside of funds shall comply with the autonomy mechanism in accordance with recent law provisions.

3. The state budget sources must not be used for the implementation of tasks specified in Clause 1 of this Article. The difference between revenues and expenditures shall be accounted into funds in accordance with current law provisions and only used to serve the tasks defined in Clause 1 of this Article.

4. Preparation, approval and adjustment of annual plans and account finalizations of revenues and expenditures:

a) The Bidding Newspaper shall make a plan on revenue and plan on expenditure relating to publication of information on bidding in the Bidding Newspaper, using the contents defined in Appendix I issued together with this Circular and synthesize them into the Public Procurement Agency’s estimates to submit to the Ministry of Planning and Investment for approval;

b) In cases of tasks arising, the Public Procurement Agency may proactively adjust revenues and expenditures specified in Appendix I issued together with this Circular and shall take responsibility for the adjustment within the approved annual plan. The adjustment is only permitted to be made in the planning year;

c) The Bidding Newspaper shall make account finalization of revenues and expenditures, using the contents defined in Appendix II issued together with this Circular and make finalization into the Public Procurement Agency’s operation funds.

Chapter IV

RESPONSIBILITIES OF PARTIES

Article 9. Responsibilities of the Management Council of Vietnam National E-Procurement Center, Public Procurement Agency, Vietnam National E-Procurement Center, Bidding Newspaper and e-GP enterprise

1. The Management Council of Vietnam National E-Procurement Center shall:

a) Approve annual plans on revenue and plans on expenditure of Vietnam National E-Procurement Center in accordance with Point a Clause 4 Article 7 of this Circular;

b) Adjust the plans on revenue and plans on expenditure of Vietnam National E-Procurement Center in accordance with Point b Clause 4 Article 7 of this Circular;

c) Report to the superior management agency on revenue and expenditure activities of Vietnam National E-Procurement Center in accordance with provisions.

2. The Public Procurement Agency shall:

a) Monitor, supervise and manage the implementation of the BOT contract of e-GP project;

b) Synthesize the annual plans on revenue and plans on expenditure of the Vietnam National E-Procurement Center (in case the Management Council has not been established) and the Bidding Newspaper and submit to the Ministry of Planning and Investment for approval in accordance with Point a Clause 4 Article 7 and Point a Clause 4 Article 8 of this Circular;

c) Adjust the plans on revenue and plans on expenditure of the Vietnam National E-Procurement Center (in case the Management Council has not been established) and the Bidding Newspaper in accordance with Point b Clause 4 Article 7 and Point b Clause 4 Article 8 of this Circular;

d) Make finalization of revenues and expenditures of the Vietnam National E-Procurement Center and the Bidding Newspaper in accordance with Point c Clause 4 Article 7 and Point c Clause 4 Article 8 of this Circular.

3. The Vietnam National E-Procurement Center shall:

a) Publicize the collection process for Charges for use of services, including the methods, subjects and charge rates in the System;

b) Publicize the information about name of the e-GP project, e-GP enterprise, the time the e-GP enterprise start to collect Charges for use of services, telephone number used for receipt of opinions in the System;

c) Check and monitor the collection data for revenues from Charges for use of services of e-GP enterprise in the System, ensuring that the collection complies with provisions, violations are promptly reported and handling measures are proposed.  The Public Procurement Agency shall, based on the proposals of Vietnam National E-Procurement Center, submit the Ministry of Planning and Investment for consideration and decision on violation handling;

d) Collect Charges for use of services in accordance with Point a Clause 1 Article 6 of this Circular;

dd) Manage and use the revenues from Charges for use of services in accordance with Article 7 of this Circular.

4. The Bidding Newspaper shall:

a) Collect Charges for use of services in accordance with Point b Clause 1 Article 6 of this Circular;

b) Manage and use the revenues from Charges for use of services in accordance with Article 8 of this Circular.

5. The e-GP enterprise shall:

a) Comply with law provisions and fully carry out all contents specified in the BOT contract of e-GP project;

b) Ensure safety and security of the System's database and take responsibility before the law for any violations;

c) Provide sufficient information, data, figures and documents at the request of the Ministry of Planning and Investment to serve the supervision, inspection and examination of issues relating to the System.

Article 10. Responsibilities of bid solicitors, contractors, investors

1. Bid solicitors shall be responsible for paying the charge for publication of information on bidding within the time limit specified at Point a Clause 2 Article 6 of this Circular. Bid solicitors failing to pay the charge as specified within the time limit are not permitted to post the information on bidding of their following bidding packages in the System until the charge payment is completed in accordance with provisions.

2. Contractors shall be responsible for paying the charges specified at Point b Clause 2 Article 6 of this Circular. Upon expiry of the prescribed time limit for charge payment, if the contractors fail to pay the charges, their accounts in the System shall be suspended and they are not allowed to perform related transactions in the System until the charge payment is completed in accordance with provisions.

3. Investors shall be responsible for paying the charges specified at Point c Clause 2 Article 6 of this Circular. Upon expiry of the prescribed time limit for charge payment, if the investors fail to pay the charges, their accounts in the System shall be suspended and they are not allowed to perform related transactions in the System until the charge payment is completed in accordance with provisions.

Chapter V

IMPLEMENTATION PROVISIONS

             Article 11. Effect

1. This Circular takes effect on March 01, 2022.

2. Chapter III of the Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and Investment on stipulating in detail the provision and publication of information on bidding, roadmap for organization of online selection of contractors, and management and use of unreturned bid security and contract performance security amounts shall cease to be effective from the effective date of this Circular.

3. The Minister of Planning and Investment promulgates the Decision on defining the time and contents of charge collection by the e-GP enterprise specified at Point c Clause 1 Article 5 of this Circular.

4. The collection of the charge for winning contractors and the charge for use of e-contracts specified at Points d and dd Clause 1 Article 5 of this Circular shall apply from January 01, 2023 and on the basis of the Decision by the Minister of Planning and Investment.

5. The Vietnam National E-Procurement Center shall continue to collect, manage and use of Charges for use of services specified at Point c Clause 1 Article 5 of this Circular until the e-GP enterprise starts the collection as defined in Clause 3 of this Article.

Article 12. Implementation responsibility

1. Ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels and agencies, organizations related to the registration, publication of information, selection of contractors and investors in the Vietnam National E-Procurement System, the Bidding Newspaper shall, within the scope of their functions and tasks, organize the implementation of this Circular.

2. In the course of implementation, any difficulty arising related to the charge collection specified in this Circular should be reported to the Ministry of Planning and Investment for timely consideration and guidance./.

* All Appendices are not translated herein.