Circular 08/2022/TT-BKHDT provision and posting of information on bidding, selection of contractors

CIRCULAR

Stipulating in detail the provision and posting of information on bidding, and selection of contractors via the National E-Public Procurement system

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

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. 130/2018/ND-CP dated September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature certification services;

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. 86/2017/ND-CP dated July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of Public Procurement Agency;

The Minister of Planning and Investment hereby promulgates the Circular stipulating in detail the provision and posting of information on bidding, and selection of contractors via the National E-Public Procurement system.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides detailed regulations on:

a) The selection of contractors via the National E-Public Procurement system for consultancy or non-consultancy service provision, procurement, construction and installation, or drug purchase bidding packages which are regulated by the Bidding Law and for which open bidding, restricted bidding or domestic competitive offer is organized by the single-stage and single- envelope method or single-stage and two-envelope method;

b) The provision and posting information on contractor selection on the National E-Public Procurement system and Dau thau (Bidding) newspaper in accordance with the Bidding Law;

c) The management and use of unreturned bid security and contract performance security amounts.

2. The online determination of shortlists and online selection of contractors do not apply to the bidding packages for which international bidding is organized, or mixed bidding packages, or bidding packages organized by the single-stage and two-envelope method or two-stage and two-envelope method.  For international bidding, the compilation of bidding dossiers may comply with this Circular and Circulars guiding the public procurement under Free Trade Agreements to which the Socialist Republic of Vietnam signed or is a contracting party, provided that they are not contrary to the Bidding Law and Decree No. 63/2014/ND-CP.

3. For bidding packages under projects funded with official development assistance (ODA) and concessional loans borrowed under treaties or agreements between Vietnam and donors, it is encouraged to post information on bidding in the column “Other capital sources” in the National E-Public Procurement system and Bidding newspaper.

4. For projects and bidding packages with contents pertaining to state secrets as prescribed by the law on protection of state secrets, the provision and posting of information on such secret under this Circular are not required. The management of information pertaining to state secrets must comply with the law on protection of state secrets.

Article 2. Subjects of application

1. Organizations and individuals involved in contractor selection falling into the scope of regulation stated in Article 1 of this Circular.

2. Organizations and individuals that carry out contractor selection activities outside the scope of regulation stated in Article 1 of this Circular but choose to apply this Circular. In such case the implementation procedures shall comply with the Manual on the National E-Public Procurement system.

Article 3. Interpretation of terms

1. National E-Public Procurement system (hereinafter referred to as the system) means 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, accessible at the https://muasamcong.mpi.gov.vn.

2. National information system on business registration means a specialized information system on business registration as prescribed in Clause 2 Article 3 of Decree No. 01/2021/ND-CP.

3. Vietnam National E-Procurement Center (hereinafter referred to as Center) under the Ministry of Planning and Investment’s Public Procurement Agency is an organization that operates the System under Article 85 of the Bidding Law.

4. Abbreviations in this Circular and on the System include:

a) Decree No. 63/2014/ND-CP is a Decree promulgated by the Government on June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection;

b) Circular No. 04/2017/TT-BKHDT is a Circular promulgated by the Minister of Planning and Investment on November 15, 2017, prescribing in detail the contractor selection via the National E-Public Procurement system;

c) Circular No. 05/2020/TT-BKHDT is a Circular promulgated by the Minister of Planning and Investment on June 30, 2020, amending and supplementing a number of articles of the Ministry of Planning and Investment's Circular No. 04/2017/TT-BKHDT dated November 15, 2017, on prescribing in detail the contractor selection via the National E-Public Procurement system;

d) Circular No. 15/2019/TT-BYT is a Circular promulgated by the Minister of Health on July 11, 2019, on drug bidding at public health facilities;

dd) Circular No. 06/2021/TT-BKHDT is a Circular promulgated by the Minister of Planning and Investment on September 30, 2021, on collection, payment, management and use of costs related to registration, post of information, and selection of contractors and investors on the National E-Public Procurement system and Bidding newspaper;

e) E-NIP stands for an online notice of invitation to prequalification;

g)  E-NIEI stands for an online notice of invitation for expression of interest;

h) E-NIB stands for an online notice of invitation for offers or online notices of invitation for offers;

i) E-DIEI stands for an online dossier of invitation for expression of interest;

k)  E-DEI stands for an online dossier of expression of interest;

l) E-DIP stands for an online dossier of invitation to prequalification;

m) E-DPP stands for an online dossier for participation in prequalification;

n) E-BiD stands for a bidding dossier, for online open bidding, online restricted bidding; dossier of requirements for online competitive offer according to normal procedures; or requests for price quotations, for online competitive offer according to simplified procedures;

o) E-BD stands for a bid dossier, for online open bidding, online restricted bidding; dossier of proposals for online competitive offer according to normal procedures; or provision of price quotations, for online competitive offer according to simplified procedures;

p) E-DTP stands for an online technical proposal dossier;

q) E-DFS stands for an online dossier of financial proposals;

5. E-documents mean documents and information successfully dispatched, received and stored in the system, including:

a) Information on projects;

b) Contractor selection plans;

c) E-NIEIs, E-NIPs, E-NIBs, notices of invitation of bids, notices of invitation to prequalification and notices of invitation for expression of interest;

d) Shortlists;

dd) E-DIEIs, E-DEIs, E-DIPs, E-DPPs, E-BiDs, E-BDs, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, clarification of E-DIPs, E-DIEIs, E-DEIs, E-DPPs, E-BiDs, E-BDs, E-DTPs, E-DTPs, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers;

e) Partnership agreements;

g) Bid-opening records, records of opening E-DTPs, records of opening E-DFPs;

h) Evaluation reports of E-DEIs, E-DPPs, E-BDs;

i) Contractor selection results;

k) Recommendations on contractor selection results and issues related to the process of online contractor selection;

i) Other e-documents exchanged on the system.

6. Invalid information means information posted in the System by the subjects prescribed in Article 2 of this Circular not complying with the bidding law and relevant laws.

7. Digital certificate used in the system at the address: https://muasamcong.mpi.gov.vn means a public digital certificate granted by a public digital signature certification authority.

8. Manual is an e-document posted in the system to guide users to conduct transactions in the system.

9. Organizations participating in the system mean agencies and organizations registering to participate in the system with one or several roles as follows:

a) Project owners;

b) Bid solicitors;

c) Contractors;

d) Bid management units;

dd) Bid training centers.

10. System account means an account granted by the Center to the organization participating in the system to play one or several roles as prescribed in Clause 9 of this Article.

11. Professional account means an account created by the System account to conduct operations in the system.

12. E-GP enterprise means Investment and Development of National E-Procurement System Company Limited established by the investor in accordance with a BOT contract of e-GP projects.

13. BOT contract of e-GP projects means a contract signed between the Ministry of Planning and Investment and the investor (FPT Information System Corporation) to invest, design, build, operate, maintain, upgrade and transform the National E-Public Procurement system according to the public-private partnership form.

Article 4. Application of dossier forms and appendices

1. For construction and installation bidding packages:

a) Form No. 1A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offer is organized by the single-stage and single-envelope method;

b) Form No. 1B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 1C shall be used to compile E-DIPs.

2. For bidding packages for procurement (including centralized procurement):

a) Form No. 2A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offer is organized by the single-stage and single-envelope method;

b) Form No. 2B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 2C shall be used to compile E-DIPs.

3. For non-consultancy service bidding packages:

a) Form No. 3A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offer is organized by the single-stage and single-envelope method;

b) Form No. 3B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 3C shall be used to compile E-DIPs.

4. For consultancy service bidding packages:

a) Form No. 4A shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

b) Form No. 4B shall be used to compile E-DIEIs.

5. Form No. 5 shall be used to compile E-BiDs for which the competitive offer is organized by the simplified procedures.

6. For forms of evaluation reports

a) Form No. 6A shall be used to compile evaluation reports of E-BDs according to the procedure 01 specified at Point a Clause 1 Article 32 of this Circular, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and single-envelope method;

b) Form No. 6B shall be used to compile evaluation reports of E-BDs according to the procedure 02 specified at Point b Clause 1 Article 32 of this Circular, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and single-envelope method;

c) Form No. 6C shall be used to compile evaluation reports of E-BDs, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and two-envelope method;

d) Form No. 6D shall be used to compile evaluation reports of E-BDs, for consultancy service bidding packages organized by the single-stage and two-envelope method.

7. For bidding packages to purchase medicines:

a) Form No. 7A shall be used to compile E-BiDs, for which open bidding is organized by the single-stage and single-envelope method;

b) Form No. 7B shall be used to E-BiDs, for which open bidding is organized by the single-stage and two-envelope method.

8. Appendix:

a) Appendix 1A: Form of request for approval of evaluation results of E-DTPs (for bidding packages subject to single-stage and two-envelope method);

b) Appendix 1B: Form of decision approving the list of contractors meeting technical requirements (for bidding packages subject to single-stage and two-envelope method);

c) Appendix 2A: Form of request for approval of the ranking list of contractors (for bidding packages subject to single-stage and single-envelope method);

d) Appendix 2B: Form of request for approval of the ranking list of contractors (for bidding packages subject to single-stage and two-envelope method);

dd) Appendix 3A: Form of contract negotiation record (for bidding packages for procurement, construction and installation or non-consultancy services);

e) Appendix 3B: Form of contract negotiation record (for bidding packages for consultancy services);

g) Appendix 3C: Form of checking result (for all bidding packages);

h) Appendix 4: Form of request for approval of contractor selection results;

i) Appendix 5: Form of commitment;

k) Appendix 6: Registration form for information on legislative bidding documents;

l) Appendix 7: Registration form for information on winning foreign contractors in Vietnam;

m) Appendix 8: Registration form for information on handling of violations against bidding laws;

n) Appendix 9: A number of regulations of E-BiDs that violate Clause 2 Article 12 of Decree No. 63/2014/ND-CP.

9. For bidding packages under projects funded by ODA and concessional loans of foreign governments, international organizations, inter-governmental or inter-national organizations,  government organizations authorized by foreign governments to provide the State or the Government of the Socialist Republic of Vietnam, if approved by donors, the preparation of E-BiDs, E-DIEIs, E-HSMST, and evaluation report of E-BDs, E-DEIs, E-DPPs shall be applied according to the forms specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article.

Article 5. Requirements on format of attached files

1. The files posted in the system must:

a) Be open files, readable by common software such as MS Office or Open Office; software that reads PDF files; popular design software such as AutoCad, Photoshop; image file reader software built in Windows operating system. Using the Unicode font;

b) Compressed files can be opened with common decompression software such as the built-in ZIP decompression software on Windows or Rar or 7Zip decompression software. In case of using compressed files, the files after decompression must have the format specified at Point a of this Clause;

c) Being free of any virus and error and having no password.

2. In case files are attached in dossiers of invitation for expression of interest, E-DIEIs, dossiers of invitation to prequalification, E-DIPs, bidding dossiers. If an E-BiD fails to meet the requirements of Clause 1 of this Article, or for other reasons, it cannot be opened or read, the bid solicitors must post and re-issue all dossiers of invitation for expression of interest, E-DIEIs, dossiers of invitation for prequalification, E-DIPs, bidding dossiers and E-BiDs.

3. If the attached file in an E-BD, E-DEI or E-DPP fails to meet the requirements of Clause 1 of this Article, making the bid solicitor unable to open and read it, it shall not be considered and evaluated.

Article 6. Technical handling in case the system encounters an incident

1. In case the system encounters an incident and suspends operation, the bidding packages for online selection of contractors, that have the bid closing time, the deadline for clarifying the E-DEIs, E-DPPs, and E-BDs within the period from when the system crashes to the time after completion of troubleshooting 2 hours, shall be automatically extended to the new bid closing time by the system; the extended deadline for clarifying the E-DEIs, E-DPPs, and E-BDs is after 6 hours from the time of completion of troubleshooting.

2. In case the new bid closing time and the extended deadline for clarifying the E-DEIs, E-DPPs or E-BDs specified in Clause 1 of this Article are after 5:00 p.m., the system shall automatically extend such deadline to 9:00 a.m. of the next day.

3. In case the system automatically extends the bid closing time as prescribed in Clauses 1 and 2 of this Article, the evaluation of the E-DEIs, E-DPPs or E-BDs  shall be carried out on the basis of the bid closing time stated in the E-NIEIs, E-NIPs, E-NIBs before the time the system encounters an incident.

4. In case there is an incident leading to the system not being able to operate and the troubleshooting is expected to take place in a long time, the Ministry of Planning and Investment shall be responsible for notifying on the system the method of organizing contractor selection during the such period, including organizing the selection of contractors offline.

Article 7. Registration for participation in the system and processing of registration dossiers

1. The registration process of organizations participating in the system shall be carried out in accordance with the Manual.

2. A registration dossier for participation in the system comprises:

a) An application for participation in the system that is created on the system according to the registration process specified in Clause 1 of this Article. In case legal representatives of organizations participating in the system authorize to sign the application, the authorization letter must be attached on the system;

b) In case organizations participating in the system is not listed on the National information system on business registration, a copy of the establishment decision or certificate of enterprise registration or certificate of business household registration (for individual business households) or other equivalent documents must be attached on the system.

3. Supplementing and amending information registered on the system:

a) The amendment to information registered on the system (including the addition of roles for accounts participating in the system) shall be carried out according to the Manual;

b) The system automatically shall update information of organizations participating in the system according to the National information system on business registration.

4. Termination or suspension of participation in the system:

a) In case the organizations participating in the system have a request to suspend all or several of the roles of accounts participating in the system, the Manual shall be followed;

b) In case organizations participating in the system fail to pay the charges for using the services as prescribed in Article 10 of Circular No. 06/2021/TT-BKHDT, the system shall suspend one or several the roles of accounts participating in the system until fulfilling the payment responsibilities as prescribed;

c) In case organizations participating in the system have gone bankrupt, dissolved or no longer exist in accordance with the law, the system shall automatically update the termination status of the account participating in the system according to the information from the National information system on business registration;

d) In case the status of a system account shows the termination or suspension of the role of a contractor, organizations participating in the system shall be considered ineligible under Point d Clause 1 Article 5 of the Law on Bidding, Section 5 Chapter I of Forms of E-DIEI, E-DIP, and E-DiB attached to this Circular.

5. Resumption of system accounts:

The resumption of system accounts after being suspended or terminated under Points a and c Clause 4 of this Article shall be carried out in accordance with the Manual.

6. Process and deadline for processing dossiers:

The center shall process the dossiers specified in Clauses 1 and 3, Points a, b and d, Clause 4 and Clause 5 of this Article within 2 working days from the date of receiving the request on the system and notify the processing results to organizations participating in the system via the notice board on the system, email, mobile applications or other information channels and instructions given in the Manual.

Article 8. Management of accounts and use of digital certificates

1. Creation of professional accounts:

System accounts shall create and decentralize to professional accounts corresponding to the roles of organizations participating in the system specified at Points a, b, c and d Clause 9 Article 3 of this Circular; lock, unlock; reset password, authentication form and login authentication device for professional accounts.

2. Use of digital certificates on the system:

a) Organizations that are granted digital certificates as prescribed in Clause 7 Article 3 of this Circular must register to use digital certificates according to the Manual when participating in the system. Digital certificates used in the system are digital certificates granted to the organizations;

b) Digital certificates shall be used to create digital signatures and authenticate organizations;

c) The registration for use, modification, cancellation of digital certificate information of organizations participating in the system shall be carried out on the system according to the Manual;

d) Organizations participating in the system shall be responsible for ensuring the accuracy of digital certificates used in the system.

3. For organizations and individuals that intentionally post information specified in Article 8 of the Bidding Law which is not false information, their accounts shall be locked for 12 months.

Article 9. Sending and receiving electronic documents in the system

1. Electronic documents specified in Clause 5 Article 3 of this Circular shall have a legal validity, serving as a basis for comparison and authentication of information for evaluation, appraisal, inspection, examination, audit and disbursement under Clause 5 Article 85 of Decree No. 63/2014/ND-CP.

2. The time of sending and receiving electronic documents shall be determined based on real time recorded on the system. Successfully sent electronic documents shall be stored in the system.

3. When users send electronic documents in the system, the system must give feedback to users about the successful or unsuccessful sending.

4. Organizations participating in the system that have successfully registered in the system shall be entitled to access the status of their electronic documents and other information in the system. Information about transaction history shall be used to resolve disputes (if any) about sending and receiving electronic documents on the system.

5. Organizations and individuals performing the inspection, examination, audit and disbursement are not required to provide paper documents if they can look up and retrieve the corresponding electronic documents on the system, except for cases where it is necessary to check and confirm by original documents.

Article 10. Conditions of information technology infrastructure

Organizations participating in the system must satisfy the information technology infrastructure requirements as prescribed in Clause 1 Article 79 and Clause 1 Article 80 of the Law on Bidding and instructions given in the Manual.

Chapter II

PUBLICATION AND PROVISION OF BIDDING INFORMATION

Section 1

INFORMATION AND PROCESS OF PUBLISHING INFORMATION ON THE SYSTEM

Article 11. Information on capacity and experience of contractors

Information on capacity and experience of contractors in the system includes:

a) General information on contractors:

b) Data on annual financial statements;

c) Information about contracts that have been and are being performed;

d) Information about key persons;

dd) Information about machinery and equipment;

e) Information about the reputation of contractors.

2. Contractors shall proactively update information on their capacity and experience according to Clause 1 of this Article in the system and take responsibility before law for the accuracy of information declared in the System. In case contractors makes a modification in the system, the system shall save all the information before and after the contractors makes the modification. Information about the capacity and experience of contractors shall be authenticated by the digital signature of contractors.

3. The contractor shall attach documents to prove the authenticity of the capacity, experience. The attached documents shall be stored and managed in the system.

4. Contractors that make untruthful declaration for gaining financial benefits or other benefits or for shirking any obligations shall be considered committing a fraud under Clause 4 Article 89 of the Bidding Law.

5. For the contents specified at Point b Clause 1 of this Article, if the data about the financial statements in the system has been updated from the Electronic Tax System and the National Information System on Business Registration, contractors are required to declare data about financial statements. For financial statement data from 2021 onwards, if contractors finds that the system has not updated the data compared to the Electronic Tax System, they shall amend the data to match the data reported to tax agencies. The system shall save the modified information of contractors.

Article 12. Information on projects and plans for selection of contractors

1. Uploading time:

Information on the contractor selection plan shall be posted in the system by the project owners (for investment and development projects) and the bid solicitors (for regular procurement) within 07 working days from the date of approval of the contractor selection plan. Basic information on the projects shall be posted together with the contractor selection plans.

2. Attached documents:

The project owners (for development investment projects) and the bid solicitors (for regular procurement) must attach the Decisions of approval of plans for selection of contractors when posting the plans.

3. The planning for selection of contractors for bidding packages of a project shall be implemented on the basis of the capital allocation plan for the entire project. It is not required to make plans for selection of contractors according to the capital plan of each year.

Article 13. Invitation for expression of interest, invitation for prequalification, E-NIEIs and E-NIPs

The bid solicitors shall post notices of invitation for expression of interest and invitation to prequalification, E-NIEI and E-NIP in the system according to the schedule of organizing the selection of contractors and in conformity with the time of organizing the selection of contractors stated in approved contractor selection plans. The modification or cancellation of the notices of invitation for expression of interest, invitation for prequalification, E-NIEI and E-NIP shall be carried out only before the time of bid closing, unless no contractor submits dossiers of expression of interest or dossiers for participation in prequalification, E-DEIs or E-DPs.

Article 14. Issuance, modification and clarification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DEIs and E-DPs.

1. Issuance:

a) Dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DEIs and E-DPs shall be issued free of charge in the system right after notices of invitation for expression of interest or notices of invitation for pre-qualification, E-NIEIs or E-NIPs are successfully posted. In the process of posting notices of invitation for prequalification, notices of invitation for expression of interest, E-NIPs or E-NIEIs, bid solicitors shall attach the following documents:

- The decision approving the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEIs or E-DIPs;

- The approved dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEI or E-DIP.

The project owners, the bid solicitors are not allowed to issue the paper copies of dossiers of invitation for expression of interest or dossiers of invitation for prequalification to the contractors. In case the project owner or the bid solicitor issues paper copies to contractors, paper copies shall have no legal validity for making and evaluating dossiers of expression of interest and dossiers for prequalification.

b) In case contents of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs posted in the system are different from contents of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs which have been approved, the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs posted in the system shall be the basis for making and evaluating dossiers of expression of interest, dossiers for participation in prequalification, E-DEIs and E-DPPs.

2. Modification:

a) For offline selection of contractors, in case of modifying the dossiers of invitation for expression of interest or dossiers of invitation for prequalification after distributing, bid solicitors shall publish the documents in the system by either of the following two ways:

- Posting the decision on modification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, enclosed with the modified contents; or,

-  Posting the decision on modification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, enclosed with the modified dossier of invitation for expression of interest or dossier of invitation for pre-qualification which must clearly show modified contents.

b) For online selection of contractors, in case of amendment of E-DIEIs or E-DIPs after distribution, bid solicitors must publish the following documents in the system:

- Posting the decision on modification together with the modifications of E-DIEIs and E-DIPs;

- Modified E-DIEIs and E-DIPs.

3. Clarification:

a) In case of needing clarification of dossiers of invitation for expression of interest and dossiers of invitation for prequalification, E-DIEIs or E-DIPs, at least 3 working days before the date of bid closing, contractors shall send a request for clarification to the bid solicitor via the system.

b) Bid solicitors shall publish documents clarifying dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs on the System at least 2 working days before the date of bid closing;

c) The document clarifying the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEIs or E-DIPs must not be contrary to the approved dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEIs or E-DIPs. In case the clarification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEI or E-DIP gives rise to the need to modify the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, E-DIEI or E-DIP, the modification of the dossier must comply with Clause 2 of this Article and must adhere to the timetable prescribed at Point m Clause 1 Article 12 of the Bidding Law.

Article 15. Short list

1. Posting time:

A bid solicitor shall post a shortlist in the system within 7 working days after such list is approved.

2. Attached documents:

When posting a shortlist, a bid solicitor shall attach the decision approving the shortlist.

Article 16. Notices of invitation for bid and E-NIBs

The bid solicitors shall post notices of invitation for bid and E-NIBs in the system according to the schedule of organizing the selection of contractors and in conformity with the time of organizing the selection of contractors stated in approved contractor selection plans. The modification or cancellation of a notice of invitation for bid, E-NIB shall be carried out only before the time of bid closing, unless no contractor submits a bidding dossier or E-BD.

Article 17. Issuance, modification and clarification of bidding dossiers and E-BiDs

1. Issuance:

In the process of posting a notice of invitation for bids and E-NIB, bid solicitors shall attach the following documents:

- Decision approving bidding dossiers or E-DIBs;

- Approved bidding dossiers or E-DIBs;

For offline contractor selection, the bidding dossiers shall be posted in the system immediately after the successful posting of the notice of invitation for bids. In case of selling the bidding dossiers (electronic dossiers have been posted in the system), when submitting the bidding dossiers, contractors must pay bid solicitors an amount equal to the selling price of the bidding dossiers as prescribed in Clause 1 Article 9 of Decree No. 63/2014/ND-CP. Bid solicitors are not allowed issue paper copies of bidding dossiers to contractors. If the bid solicitors issue paper copies to contractors, the paper copies shall be considered having no legal validity for making and evaluating bidding dossiers.

b) In case contents of bidding dossiers, E-BiDs posted in the system are different from contents of bidding dossiers, E-BiDs which have been approved, the bidding dossiers, E-BiDs posted in the system shall be the basis for making and evaluating bid dossiers and E-BDs.

2. Modification:

a) For offline selection of contractors, in case of modification of bidding dossiers after issuing, bid solicitors shall post the documents in the system by either of the following two ways:

- The decision on modification together with the modifications of bidding dossiers;

- The decision on modification and the modified bidding dossiers if the bidding dossiers clearly state the modifications.

b) For online selection of contractors, in case of modification of E-BiDs after issuing, bid solicitors shall post the following documents in the System:

- The decision on modification together with the modifications of E-BiDs;

- Modified E-BiDs.

3. Clarification:

a) For offline selection of contractors, if needing clarification of bidding dossiers, contractors shall send the request for clarification to bid solicitors via the system within at least 3 working days (for domestic bids) or at least 5 working days (for international bids) before the bid-closing day for consideration and handling.

a) For online selection of contractors, if needing clarification of E-BiDs, at least 3 working days before the date of bid closing, contractors shall send a request for clarification to the bid solicitor via the system for consideration and handling.

b) Bid solicitors shall receive request for clarification of contractors and post documents clarifying the bidding dossiers or E-BiDs in the system within at least 2 working days before the date of bid closing;

c) Clarified contents must not be contrary to approved contents of the bidding dossiers or E-BiDs. In case of receiving the request for clarification of bidding dossiers or E-BiDs, which leads to the modification of the bidding dossiers or E-BiDs, the modification shall comply with the provisions of Clause 2 of this Article on the basis of complying with the time specified at Point m Clause 1 Article 12 of the Law on Bidding and Point c Clause 2 Article 64 of Decree No. 63/2014/ND-CP;

d) In case of necessity, bid solicitors shall hold a pre-bidding meeting to exchange information about the bidding dossiers’ and E-BiDs’ contents, which remain unclear to contractors. The bid solicitor shall post a letter of invitation to the pre-bidding meeting in the System. Contents exchanged between the bid solicitor and contractors must be recorded by the bid solicitor and posted in the system within 2 working days from the end of the pre-bidding meeting.

Article 18. Cancellation, extension, modification of posted information

The cancellation, extension, modification of posted information of bid solicitors shall comply with the Manual.

Article 19. Results of contractor selection

1. Posting time:

Bid solicitors shall post the contractor selection result in the system within 7 working days after the date contractor selection results are approved.

2. Attached documents include:

a) A decision approving the contractor selection result;

b) A report on evaluation of E-BD for online contractor selection (posting the summary evaluation report, without the grading votes of members of the expert group);

c) If the estimate of the bidding package is approved during the issuance of E-BiDs or when handling a situation under Clause 8 Article 117 of Decree No. 63/2014/ND-CP, in which the contractor selection plan has been posted, the bid solicitor shall update the estimate and attach the Decision approving the estimate.

3. For bidding packages for procurement, detailed information about the winning good items must be disclosed, including the list of goods, codes, description, origin, volume, and winning unit prices.

Article 20. Process for posting information in the system

The process of posting information as prescribed in Articles 11, 12, 13, 14, 15, 16, 17 and 19 of this Circular shall be carried out according to the Manual.

Section 2

RESPONSIBILITIES OF PARTIES

Article 21. Responsibilities of project owners

1. To perform the responsibilities as prescribed in Clauses 1, 5, 8, 10 and 13, Article 74 of the Law on Bidding.

2. To take responsibility before the law for the accuracy and truthfulness of the information registered and posted in the system when logging in with their system accounts.

3. To check and confirm the posting of their information in the system.

4. To manage and take responsibility for decentralization for professional accounts corresponding to their roles; to manage the use of digital certificates in the system.

Article 22. Responsibilities of bid solicitors

1. To perform the responsibilities as prescribed at Points a, b, c, d, k, Clause 1 and Points a, b, c, dd, e, k, Clause 2, Article 75 of the Law on Bidding.

2. To post on the Information System on winning foreign contractors in Vietnam according to Appendix 7 attached to this Circular, the posting shall comply with the Manual. Information shall be sent to the Public Procurement Agency and the Ministry of Planning and Investment within 7 working days from the date the contractor selection results are approved under Point c Clause 1 Article 128 of Decree No. 63/2014/ND-CP.

3. For bidding packages requiring international bidding, to post information specified in Articles 13, 15, 16, 18 and 19 of this Circular in Vietnamese and English.

4. To be held responsible for consistency of documents posted in the system compared to relevant approved documents. In case there are differences between documents posted in the system and approved documents, documents posted in the system shall serve as legal grounds for implementation.

5. To monitor and update the information posted in the system and feedback of the system.

6. To manage and take responsibility for decentralization for Business Accounts corresponding to their roles; to manage the use of digital certificates on the System,

Article 23. Responsibility of contractors

1. To register for participation in the system to be approved under Article 7 of this Circular before the time of bid closing to ensure their eligibility status in accordance with Point d Clause 1 Article 5 of the Law on Bidding.

2. To perform the responsibilities prescribed in Clauses 1, 2, 3, 4 and 5, Article 77 of the Law on Bidding.

3. To provide and post bidding information in the system under Article 80 of the Bidding Law, and Article 7 of Decree No. 63/2014/ND-CP.

4. To manage system accounts and digital certificates registered in the system.

Article 24. Responsibilities of the Center, e-GP project enterprises and Bidding Newspaper

1. The Center has the following responsibilities:

a) To manage and supervise the operation of the system, to ensure that the system operates in a stable, continuous, safe and secure manner;

b) To develop the Manual, support organizations participating in the system in the process of registering, providing, posting information and selecting contractors online;

c) To provide propaganda, training and guiding services for organizations participating in the system and to deploy services related to information on bidding and selection of contractors online;

d) To coordinate with the e-GP project enterprise in implementing the responsibilities specified in Clauses 2, 4 and 5, Article 85 of the Law on Bidding.

2. The e-GP project enterprise has the following responsibilities:

a) To perform the responsibilities specified in Article 85 of the Law on Bidding;

b) To ensure information security and confidentiality of the system's database;

c) To ensure the integrity of dossiers in the system, including preventing unauthorized access, illegal substitution of dossiers;

d) To ensure safety, security and confidentiality for users and to manage user profiles; to ensure that the system has a mechanism of tracking by time and actions in the system;

dd) To develop the system, ensuring compatibility with other systems; friendly interface, meeting standards in the field of information technology; convenient, easy to use for the objects using the system;

e) To have a mechanism for systematic risk management (ensuring withstand large amount of information);

g) Not to use information about projects, bidding packages, contractors, project owners, bid solicitors and other information in the system to serve purposes other than development and operation of the system;

h) To ensure hardware system meeting the requirements.

The e-GP project enterprise shall take responsibility before law for the contents specified at Points b, c, d, e, g and h of this Clause. In case of errors, the e-GP project enterprise and related individuals shall be considered and handled according to the provisions of the BOT contract of the e-GP project and relevant laws.

3. The Bidding Newspaper has the following responsibilities:

a) Reviewing to find invalid information specified in Clause 6, Article 3 of this Circular and notify it to project owners and bid solicitors within 1 working day after such information is posted by the project owners and bid solicitors in the system. Such notification shall be made in the system, by email, via mobile apps or other information channels for project owners and bid solicitors to modify or complete information for re-posting in the system.

b) Extracting information specified in Articles 13, 15, 16 and 18 of this Circular for posting in 1 issue of the Bidding Newspaper within 2 working days after the project owners and bid solicitors post information in the system under Clause 3 Article 8 of Decree No. 63/2014/ND-CP.

4. In case the Bidding Newspaper commits errors in posting bidding information such as delaying the posting, posting inaccurate information or intentionally refraining from posting information, causing harms to project owners and bid solicitors, or contractors, it shall make and publicly post supplements or corrections in accordance with the law on press. Related organizations and staff members of the Bidding newspaper shall, depending on severity of their errors, be handled in accordance with the law on cadres, civil servants and public employees, labor law and other relevant laws.

Chapter III

PROVISIONS ON ONLINE CONTRACTOR SELECTION

Article 25. Preparation, submission, appraisal and approval of E-DIEIs, E-DIPs and E-BiDs

1. Bid solicitors shall organize the preparation of E-DIECIs, E-DILs, or E-BiDs in the system. After making the E-DIECIs, E-DILs, or E-BiDs, bid solicitors shall submit to project owners for appraisal and approval of the E-DIECIs, E-DILs, or E-BiDs. The approval of the E-DIECI, E-DIL, E-BiD shall be carried out offline.

2. An E-BiD must include all necessary information to serve as a basis for contractors to prepare an E-BD. In case project owners and bid solicitors fail to post an E-BiD with complete information (such as lack of designs, drawings, etc.) or unclear information, making it difficult for contractors to prepare the E-BD, the E-BiD shall be considered as invalid. The project owners and bid solicitors must amend and supplement the E-BiD accordingly and re-post the E-BiD.

3. For bidding packages for procurement, construction and installation, non-consulting services; data sheets, evaluation criteria for eligibility, capacity and experience requirements in E-DIPs, E-BiDs shall be digitized in the form of webform in the system. Project owners and bid solicitors may not attach other requirement files on data sheets, evaluation criteria for eligibility, capacity requirements and experience in E-DIPs and E-BiDs. Data sheets, evaluation criteria for eligibility, capacity and experience requirements that are not digitized in the form of webform shall not be considered part of E-DIPs, E-BiDs and contractors are not required to meet these requirements.

4. In case a bidding package has applied for the prequalification, if there is a change in the capacity and experience of the contractor when submitting the E-Bid compared to when participating in prequalification, the contractor must update its/his/her capacity and experience.

5. In case E-BiDs contain contents that limit the participation of contractors or create advantages for one or several contractors, causing unfair competition, violating the provisions of Clause 2 Article 12 of Decree No. 63/2014/ND-CP provided in Appendix 9 attached to this Circular, bid solicitors and expert groups must not reject the E-BD that does not satisfy these contents.

6. In case of hiring a consultant to perform the roles of bid solicitors and expert groups to post information, or prepare E-DIEI, E-DIP, E-BiD, evaluate E-DEI, E-DPP, E-BD, the hired unit shall comply with the Manual.

Article 26. Responsibilities of contractors during the bidding process

1. Contractors shall take responsibility for the accuracy of the information declared on the webform and attached document files during the bidding process. Contractors shall fill information as required by E-DIEIs, E-DIPs, E-BiDs and attach document files to form a set of E-DEIs, E-DPPs, and E-BDs as follows:

a) Information on the validity of the E-BD:

- For the content of the bid security, contractors shall declare the information and attach a scanned copy of the bid security;

- For the remaining contents, contractors shall declare information on the webform without attaching scanned copies of relevant documents.

b) Information on capacity and experience:

- For similar contracts of production capacity:  contractors shall declare and attach relevant documents to prove the declared information;

- For financial resource requirements: contractors shall declare information; in case contractors use the commitment to provide credit to prove their financial resources, in addition to the declaration of information, the contractors must attach a scanned copy of the commitment to provide credit;

- For annual revenue and net asset value: from 2021 onwards, the system shall automatically extract data on financial statements from the National Information System on Business Registration, the Electronic Tax System into capacity profiles of contractors;

- For other contents, contractors shall declare on the webform without attaching scanned copies of relevant documents;

For financial statement data from 2021 onwards, in case contractors find that the system has not updated the data compared to the Electronic Tax System of the years from 2021 onwards, contractors shall amend the information to be consistent with the data reported to tax agencies. In case the data updated or modified in the system by contractors is not consistent with the data on the Electronic Tax System, leading to falsify the contractor selection results, contractors shall be considered as cheating, violating Clause 4 Article 89 of the Law on Bidding.

2. Contractors shall take responsibility for studying E-DIEIs, E-DIPs, E-BiDs for the bidding packages that the contractors are interested in to prepare E-DEIs, E-DPPs, E-BDs in accordance with the requirements of E-DIEIs, E-DIPs, E-BiDs. In case E-DIEIs, E-DIPs, E-BiDs have unclear contents, causing difficulties for contractors in preparation of E-DEIs, E-DPPs, E-BDs, contractors shall request bid solicitors to clarify E-DIEIs, E-DIPs, E-BiDs for project owners, bid solicitors to modify and supplement these documents accordingly.

3. Contractors shall take responsibility for monitoring and updating information in the system for the bidding package that contractors are interested in or attend. In case of errors due to failure to monitor and update information in the system, leading to disadvantages for bidders during the bidding process, including modifications, changes to E-DIEIs, E-DIPs, E-BiDs, time for submission of E-DEIs, E-DPPs, E-BDs, time for clarification of E-E-DEIs, E-DPPs, E-BDs, time for contract negotiation and other contents, the contractors shall take responsibility and bear any disadvantage during the bidding process.

4. If the contractor’s legal representative authorizes a director of a branch, a dependent accounting subsidiary company or a factory, etc., to perform the tasks during the bidding process, the bidding participation in the system must be carried out by the contractors’ system accounts but not those of theirs branches, subsidiaries or factories, etc. In case of using system accounts of the branches or affiliated units (dependent accounting), the contractors shall be considered not ineligibility under Clause 1 Article 5 of the Law on Bidding.

Article 27. Goods sale licenses and goods samples

1. Goods sale licenses:

a) In case goods of the bidding package are ordinary, common and available goods on the market, which are standardized and guaranteed according to the manufacturer's regulations, the E-BiDs shall not require contractors to provide goods sale licenses of manufacturers or certificate of partnership or other document of equivalent value;

b) In case goods of the bidding package are specific and complicated goods, goods must be attached to the responsibility of manufacturers in providing after-sale services such as preservation, maintenance, repair, supply of spare parts, replacement materials, technical support services and other related services, E-BiDs may require participating contractors to provide goods sale licenses of manufacturers;

In case E-BiDs require goods sales licenses (goods sales licenses or commitment to technical support, preservation of manufacturers, etc.), contractors shall provide one of the following documents before signing contracts: goods sales licenses of manufacturers or authorized dealers or certificates of partnership or written commitments of technical support preservation of manufacturers or other equivalent documents;

c) The contractors’ failure to attach one of the documents specified at Point b of this Clause is not the reason for the rejection of contractors. Contractors shall continue to be considered, evaluated and selected. In case of winning the bid, contractors shall provide one of these documents before signing contracts.

2. Goods samples:

E-BiDs shall not require goods samples. In case of needing goods samples for technical evaluation, project owners shall submit to competent persons for consideration and decision. The written request must clearly state the reason for the request for goods samples. Project owners and bid solicitors must ensure that the request for the provision of goods samples does not lead to an increase in the cost of the bidding package, or limitation of the participation of contractors or does not create an advantage for one or several contractors, causing unfair competition. In case E-BiDs require the provision of goods samples, contractors shall submit additional goods samples within 5 working days after the bid closing time.

Article 28. Certificates of capacity for construction activities

For a construction and installation bidding package, the contractor may attach a construction capacity certificate for such works or not in the E-BD, even when such certificate is required in the E-BiD. The contractor's failure to attach a certificate of construction capacity shall not be a reason for eliminating such contractor. The E-BD of contractor shall continue to be considered, evaluated and selected. If the contractor is selected, the winning contractor must submit the construction capacity certificate of such works before being awarded a contract.

Article 29. Regulations on commitments and principle contracts

In case in the E-BiD, there is a requirement on commitments, principle contract of equipment rental, provision of main materials, preservation, maintenance and repair, but the E-BD does not attach these documents, the bid solicitor shall request the contractor to clarify the E-BD and supplement documents within a suitable period of time but not less than 3 working days to serve as the basis for the evaluation of the E-BD.

Article 30. Regulations on key persons and equipment

1. Requirements on key persons:

a) For bidding packages for procurement of goods:

- For goods provision, the requirement for mobilizing key persons shall not be included in the E-BiD;

- For goods that are common and available on the market, which do not require high qualified persons to perform related services, key persons shall not be required;

- In case the related services have specific and complicated elements that require qualified, knowledgeable and experienced persons to assume, a request may be made to mobilize key persons to perform these specific and complicated tasks. In case of request to mobilize key persons, in the written approval for E-BiD, the reasons shall be clearly stated for the project owner to consider and decide. The project owner and the bid solicitor must ensure that the requirement to mobilize key persons does not limit the participation of contractors or create an advantage for one or several contractors, causing unfair competition.

b) For bidding packages for construction and installation:

Based on the scope and nature of the bidding package and the law on construction, the project owner shall make appropriate requirements on key persons in the E-BiD. In the E-BiD, it is not allowed to include requirements for key persons for positions for which the law on construction has no standard requirements for that title or for ordinary technical positions, technical workers, unskilled workers.

c) For bidding packages for non-consulting services:

For bidding packages for non-consulting services that do not require high qualified persons, key persons shall not be required. In case non-consulting services have specific and complicated elements that require knowledgeable and experienced persons to assume, a requirement for mobilizing key persons shall be made to perform the specific and complicated tasks. In case of request to mobilize key persons, in the approval of E-BiD, the reasons must be clearly stated for the project owner to consider and decide. The investor and the bid solicitor must ensure that the requirement to mobilize key persons does not limit the participation of contractors or create an advantage for one or several contractors, causing unfair competition. In the E-BiD, key person requirements shall not be required for technical workers and common workers.

d) For the bidding package specified at Points a, b and c of this Clause, key persons are required. In case the key persons declared in the E-BD by the contractor do not meet the requirements of the E-BiD, the bid solicitor shall allow the contractor to clarify, change and add key persons to meet the requirements of the E-BiD within a suitable period but not less than 3 working days. For each person who fails to meet the requirements, the contractor may only replace him/her one time. In case the contractor impossible to replace persons that meet the requirements of the E-BiD, the E-BD shall be disqualified.

2. Requirements on key equipment for bidding packages of non-consulting services (if any) and construction and installation:

a) Based on the scope and nature of the bidding package, the project owner or the bid solicitor shall make appropriate requirements for the key equipment (quantity, type, features, capacity, etc.);

b) In case the equipment declared by the contractor in the E-BD fails to meet the requirements of the E-BiD, the bid solicitor shall allow the contractor to clarify, change and supplement equipment to meet the requirements of the E-BiD within a suitable period of time but not less than 03 working days. For each equipment that fails to meet the requirements, the contractor may only replace it one time. In case the contractor is impossible to replace equipment that meets the requirements of the E-BiD, the contractor shall be disqualified.

3. In case of winning the bid and signing the contract, the contractor is obliged to mobilize personnel and equipment as originally proposed or proposed to change according to Point d Clause 1 and Point b Clause 2 of this Article. In case of failure to mobilize personnel and equipment, the contractor shall be fined and assessed for its reputation when participating in other bidding packages.

4. In all cases, if the contractor makes untruthful personnel and equipment declaration, the contractor must not replace other persons and equipment as prescribed at Point d, Clause 1 and Point b, Clause 2 of this Article. The E-BD shall be disqualified and the contractor shall be considered fraudulent according to Clause 4, Article 89 of the Bidding Law and be handled according to Clause 1, Article 122 of Decree No. 63/2014/ND-CP.

Article 31. Bid opening for online contractor selection

1. For bidding packages that are organized by the single-stage and single-envelope method:

Bid solicitors shall open bids and publicize records of bid opening in the system within 2 hours after the bid-closing time.

2. For bidding packages organized by the single-stage and two-envelope method:

a) Bid solicitors shall open E-DTPs and publicize records of bid opening in the system within 2 hours after the bid-closing time;

b) After the decision on approval of the list of contractors meeting the technical requirements is issued, the bid solicitor shall post the list in the system and attach a scanned copy of the written approval of the list of contractors meeting the technical requirements in the system. After successfully posting, the system shall send a notice to the contractors participating in the bidding package;

c) After posting the list of contractors meeting the technical requirements, the bid solicitor shall conduct the opening of the E-DTP of the contractors whose names are on the list of contractors meeting the technical requirements and post the opening record of the E-DTP in the system.

Article 32. Evaluation of E-BDs

1. Process of evaluating E-BDs:

a) Process 01 shall be applied for all bidding packages:

- Evaluating the validity of an E-BD;

- Evaluating capacity and experience;

- Evaluating technical capacity;

- Evaluating finance;

a) Process 02 shall be applied for bidding packages for procurement or non-consulting services organized by the single-stage and single-envelope method, using the lowest bid method and the E-BDs shall not be entitled to any incentive:

- Based on bid opening records, the system shall automatically rank contractors according to the lowest bid (no need to approve the list of contractors in this case);

- Evaluating the validity of the E-BD of the first-ranked contractor;

- Evaluating capacity and experience of the first-ranked contractor;

- Evaluating technical capacity of the first-ranked contractor;

If the first-ranked contractor is disqualified, the subsequent-ranked contractor shall be evaluated.

c) For the bidding packages organized by the single-stage and single-envelope method, based on the E-BDs submitted by contractors in the system and the method for evaluating the E-BDs specified in the E-BiDs, the bid solicitors may select one of the two processes specified at Points a and b of this Clause to evaluate the E-BDs. Process 02 shall be performed when all the requirements specified at Point b of this Clause are fully satisfied.

2. Principles of evaluation of E-BDs:

a) The evaluation of the E-BD must be based on the evaluation criteria of the E-BDs and other requirements in the E-BiDs, documents clarifying the E-BiDs, based on the submitted E-BDs, documents explaining and clarifying the E-BDs of contractors to ensure the selection of contractors with sufficient capacity and experience, with feasible solutions to execute bidding packages;

b) After selecting a shortlist, in case a contractor changes his/her eligibility to participate in bidding, a written request shall be sent to the bid solicitor for consideration and approval. If the bid solicitor approves, the contractor must attach documents proving the capacity and experience in the E-BD according to the new eligibility to participate in the bidding;

c) For the contents evaluated automatically by the system, in case the contractor fails to declare information or declares incorrectly, incompletely, or fails to meet the requirements of the E-BiD, the System shall evaluate the contractor as "fail" in the contents. Expert groups may not change the evaluation results from "fail" to "pass" when the system has evaluated "fail". In case the information that the contractor commits and declares in the E-BD is not truthful, leading to falsification of evaluation results of the E-BD, the contractor shall be considered fraudulent and handled according to Clause 1, Article 122 of Decree No. 63/2014/ND-CP;

d) For bid security, if the information declared on the webform is different from the attached file, the information in the attached file shall be used as the basis for evaluation;

dd) For a similar contract, if the information about the contract declared on the webform is different from the document file proving the information about that contract, the bid solicitor shall request the contractor to clarify the E-BD;

In case the contracts declared and attached by the contractor in the E-BD fails to meets the requirements of the E-BiD, the bid solicitor shall request the contractor to clarify and supplement other contracts from the capability dossier of the contractor in the system to respond to the requirements of E-BiD within a suitable period of time but not less than 03 working days. If the contractor does not have any contract that meets the requirements of the E-BiD, the contractor shall be disqualified.

e) For the origin of goods, if the information declared on the webform is different from the attached file, the bid solicitor shall request to clarify the E-BD;

g) Except for the contents specified at Points d, dd and e of this Clause, if the information declared on the webform is different from the attached file, the information on the webform shall be used as the basis for consideration and assessment;

h) At the financial evaluation step, if the contractor fails to declare information in the form on incentives for domestically-produced goods (for procurement bidding packages) to serve as the basis for calculating incentives, the contractor shall not be entitled to incentives;

i) The contractor invited to negotiate the contract must prepare documents to compare and prove the information declared by the contractor in the E-BD. For contents of eligibility, history of contract failure due to contractor's fault, fulfillment of tax obligations, average annual revenue, and net asset value that have been automatically evaluated by the system as "pass" according to the information declared and extracted in the E-BD, but the expert group re-evaluates as "fail", the expert group shall correct the evaluation result from "pass" to "fail". In this case, the bid solicitor shall invite the next ranked contractor to negotiate the contract without having to re-approve the ranked list. For information on the fulfillment of tax obligations, average annual revenue, and net asset value from 2021 onward, the bid solicitor shall compare if the contractor updates the information without comparing in case the above information is automatically extracted by the National Information System on Business Registration. The Electronic Tax System.

3. In case only 01 contractor participates in the bid or only 01 contractor passes the technical evaluation, the evaluation price shall not be required (if the bidding package is organized by the evaluated price method); the total score shall not be required (if the bidding package is organized by the method of combining technique and price); and the determination of incentives and approval of the ranked list of contractors shall not be required.

4. After evaluating the E-BD, the leader of the expert group shall attach a scan copy of the E-BD evaluation report (signed by all members of the expert group) to the system. The leader of the expert group shall take responsibility for the consistency between the scanned evaluation report of the E-BD attached in the system and the paper evaluation report of the E-BD signed by the members of the expert group.

5. The ranked list of contractors may not be appraised before approving.

Article 33. Submission, appraisal and approval of the contractor selection results

1. The bid solicitor shall make a written request according to Appendix 4 attached to this Circular and enclosed with the evaluation report of the E-BD and submit it to the project owner for approval of contractor selection results.

2. The project owner shall approve the contractor selection results on the basis of the written request, reports on evaluation of the E-BD, reports on appraisal of contractor selection results.

Article 34. Time to prepare E-BD for online opening bidding for bidding packages in case of appointment of contractors and bidding packages for simple consulting services

1. For bidding packages in case of appointment of contractors as specified in Clause 1, Article 22 of the Law on Bidding, but competent persons decide to apply the online opening bidding method, the minimum period for preparing an E-Bid shall be 10 days.

2. For bidding packages for consulting service having simple nature and applying the lump-sum contract, the minimum period for preparing an E-BD shall be 10 days.

Article 35. Online bidding for medicines

1. The bid solicitor shall make an E-BiD including the following contents:

a) The contents of the E-BiD made on the webform include: Bidding data sheets, bidding participation application, partnership agreements (if any), table of "bidding price and table of scope of provision, schedule of provision and technical requirements of medicines".

b) The remaining contents of the E-BiD shall be prepared and attached by the bid solicitor in the system.

2. The preparation of the E-BiD shall base on the webform specified at Point a, Clause 1 of this Article and the provisions of Circular No. 15/2019/TT-BYT. The evaluation of the E-BD must be based on the evaluation criteria of the E-BDs and other requirements in the E-BiDs, based on the submitted E-BDs, documents explaining and clarifying the E-BDs of contractors to ensure the selection of contractors with sufficient capacity and experience, with feasible solutions to execute bidding packages.

3. After making the E-BiD, the bid solicitor shall print it out and submit it to the project owner for appraisal and approval. The bid solicitor shall take responsibility for the consistency between the E-BiD in the system and that approved by the project owner. If contents of the approved E-BiD are different from the E-BiD in the system, the contents in the system shall be used as the basis for preparation and evaluation of the E-BD.

4. E-BiDs shall be issued free of charge in the system. Bid solicitors are not allowed issue paper copies of bidding dossiers to contractors. If the bid solicitors issue paper copies to contractors, the paper copies shall be considered having no legal validity for making and evaluating bidding dossiers. Bidding contractors shall pay expenses as prescribed in Circular No. 06/2021/TT-BKHDT.

5. If wishing to modify the E-BiD, the bid solicitor shall log in to and modify it right in the system after having the modifications approved by the project owner.

6. In case of any inconsistency between information in the file attached to the E-BiD issued in the system and information in the web form, the latter shall be used for making and evaluating the E-BD.

7. The contractor shall make a price quotation according to the webform, commit to the contents of bidding participation application created by the system. In case of partnership, the partnership shall be implemented in the system. The remaining contents of the E-BD shall be attached by the contractor in the system. In case the information on the webform is different from the information in the attached file to the E-BD, the information on the webform shall be used as the basis for evaluating the E-BD.

8. In case of inconsistency between the provisions of this Article, Form No. 7A, Form No. 7B attached to this Circular and the remaining provisions of this Circular, the provisions of this Article and Form No. 7A and Form No. 7B attached to this Circular shall be applied.

Chapter IV

PROCEEDS FROM UNRETURNED BID SECURITY AND CONTRACT PERFORMANCE SECURITY

Article 36. Proceeds from unreturned bid security and contract performance security

In case contractors commit violations of the bidding law and consequently are not entitled to refund of bid security or contract performance security prescribed in Clause 8, Article 11 and Clause 5, Article 66 of the Bidding Law, unreturned bid security and contract performance security amounts shall be used as follows:

1. For projects or bidding packages funded with the state budget, such amounts shall be remitted into the state budget in accordance with the law on the state budget.

2. For projects or bidding packages not funded with the state budget, such amounts shall be used under project owners’ financial regulations.

3. For bid solicitors that are hired consultancy units, such amounts shall be transferred to project owners. The project owner shall use such amount according to the provisions of Clauses 1 and 2 of this Article.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 37. Roadmap for application of the online contractor selection method

1. In 2022:

a) To organize online selection of contractors for all (100%) bidding packages for procurement of goods, non-consultancy services and consultancy services with a price not exceeding VND 10 billion and construction and installation bidding packages with a price not exceeding VND 20 billion, which are subject to open bidding or competitive offer, except mixed bidding packages, and bidding packages applying the methods of two-stage and single-envelope and two-stage and two-envelope;

b) To organize the selection of contractors online during the year must ensure that the total number of bidding packages reaches at least 80% of the number of bidding packages and at least 70% of the total value of the bidding package applying the method of open bidding and competitive offer, except for the mixed bidding package, the bidding package applying the two-stage single-envelope or two-stage two-envelope method;

c) To organize the selection of contractors online for all (100%) of bidding packages subject to open bidding or competitive offers, funded with the State budget capital for procurement to maintain regular operations of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public non-business units, except for mixed bidding packages, bidding packages applying the methods of two-stage and single-envelope or two-stage and two-envelope.

2. In 2023:

a) To organize online selection of contractors for all (100%) bidding packages subject to open bidding, restricted bidding or competitive offers, which are worth either less than VND 200 billion, in terms of goods (including medicines), construction and installation, non-consultancy services and consultancy services, except for mixed bidding packages and bidding packages applying the methods of two-stage and single-envelope and two-stage and two-envelope;

b) To organize the selection of contractors online during the year must ensure that the total number of bidding packages reaches at least 90% of the number of bidding packages and at least 80% of the total value of the bidding package applying the method of open bidding, restricted bidding and competitive offer, except for the mixed bidding package, the bidding package applying the two-stage single-envelope or two-stage two-envelope method;

c) To organize the selection of contractors online for all (100%) of bidding packages subject to open bidding or competitive offers, funded with the State budget capital for procurement to maintain regular operations of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public non-business units, except for mixed bidding packages, bidding packages applying the methods of two-stage and single-envelope or two-stage and two-envelope.

3. From 2024 onwards:

a) To organize online selection of contractors for all (100%) bidding packages subject to open bidding, restricted bidding or competitive offers, which are worth either less than VND 500 billion, in terms of goods (including medicines), construction and installation, non-consultancy services and consultancy services, except for mixed bidding packages and bidding packages applying the methods of two-stage and single-envelope and two-stage and two-envelope;

b) To organize the selection of contractors online during the year must ensure that the total number of bidding packages reaches at least 95% of the number of bidding packages and at least 90% of the total value of the bidding package applying the method of open bidding, restricted bidding and competitive offer, except for the mixed bidding package, the bidding package applying the two-stage single-envelope or two-stage two-envelope method;

c) To organize the selection of contractors online for all (100%) of bidding packages subject to open bidding or competitive offers, funded with the State budget capital for procurement to maintain regular operations of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public non-business units, except for mixed bidding packages, bidding packages applying the methods of two-stage and single-envelope or two-stage and two-envelope.

Article 38. Transitional provisions

1. For approved bidding packages, applying online contractor selection and preparation of E-BiDs according to Circular No. 04/2017/TT-BKHDT and Circular No. 05/2020/TT-BKHDT:

a) In case the E-BiD of the bidding package has been uploaded to the system before the effective date of this Circular, the contractor selection shall be carried out according to the posted E-BiD and the corresponding regulations of the law. In this case, the opening of bids and posting of information during the contractor selection process in the system at http://muasamcong.mpi.gov.vn shall be carried out by specialized digital certificates issued by the Center;

b) In case the E-BiD of the bidding package has not been prepared or has been prepared and approved but the E-HSMT has not been uploaded to the system, the E-BiD shall be amended and re-approved according to this Circular.

2. For approved bidding packages using offline contractor selection:

a) In case the bidding dossier of the bidding package has been uploaded to the system before the effective date of this Circular, the contractor selection shall be carried out according to the issued bidding dossier and the corresponding regulations of the law.

sb) In case the bidding dossier of the bidding package has not been prepared or has been prepared and approved but the bidding dossier has not been uploaded to the system, the bidding dossier shall be modified and re-approved according to Article 39 of this Circular.

3. For selection of short lists:

a) For the bidding package for which the dossier of invitation for expression of interest and the dossier of invitation for prequalification has been issued before January 1, 2023, the shortlist selection shall be carried out in accordance with the issued dossiers and the corresponding regulations of the law;

b) From January 1, 2023, if the approved bidding package does not apply the online shortlist selection and has not yet issued the dossier of invitation for expression of interest or the dossier of invitation for prequalification, the shortlist selection must be organized online in accordance with this Circular. In such cases, competent persons may not change the contractor selection plan.

4. Bidding for medicines:

a) For the bidding package for which the bidding dossier has been issued before January 1, 2023, the selection of contractors shall be carried out according to the issued bidding dossier and the corresponding regulations of the law;

b) From January 1, 2023, if the approved bidding package does not apply the online contractor selection and has not yet issued the bidding dossier, the contractor selection shall be organized online in accordance with this Circular. In such cases, competent persons may not change the contractor selection plan.

5. From the effective date of this Circular, if the approved bidding package fails to apply online contractor selection and has not yet issued the bidding dossier, the online contractor selection shall be organized according to the roadmap for online contractor selection specified in Article 37 of this Circular.

In all cases, for the change of the method of contractor selection from offline to online, the project owner may not submit to competent persons for approval the modification of the contractor selection plan. The project owner shall conduct and modify the method of contractor selection in the system from offline to online. The modification process shall be carried out according to the Manual.

Article 39. Effect

1. This Circular takes effect from August 01, 2022.

2. From the effective date of this Circular, the following Circulars shall cease to be effective:

a) The Minister of Planning and Investment's Circular No. 01/2015/TT-BKHDT dated February 14, 2015, detailing the making of dossiers of invitation for expression of interest, bidding dossiers and dossiers of request for consulting services;

b) The Minister of Planning and Investment's Circular No. 03/2015/TT-BKHDT dated May 6, 2015, detailing the making of bidding dossiers for construction and installation:

c) The Minister of Planning and Investment's Circular No. 05/2015/TT-BKHDT dated June 16, 2015, detailing the making of bidding dossiers for procurement of goods;

d) The Minister of Planning and Investment's Circular No. 14/2016/TT-BKHDT dated September 29, 2016, detailing the making of bidding dossiers for non-consulting services;

dd) The Minister of Planning and Investment’s Circular No. 04/2017/TT-BKHDT dated November 15, 2017, on prescribing in detail the contractor selection via the National E-Public Procurement system;

e) The Minister of Planning and Investment's Circular No. 05/2018/TT-BKHDT dated December 10, 2018, detailing the making of reports on evaluation of bid dossiers for bidding packages for which contractors are selected on the national bidding network system;

g) The Minister of Planning and Investment's Circular No. 11/2019/TT-BKHDT dated December 16, 2019, detailing the provision and publishing of bidding information, the roadmap for applying online contractor selection and the management and use of values of bid security and performance of non-refundable contract.

h) The Minister of Planning and Investment's Circular No. 05/2020/TT-BKHDT dated June 30, 2020, amending and supplementing a number of articles of the Circular No. 04/2017/TT-BKHDT dated November 15, 2017, of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system.

2. For bidding packages applying shortlist selection, bidding packages for procurement of medicines, the prequalification, online invitation for interest, and online procurement of medicines according to this Circular shall be implemented from January 1, 2023.

3. In case the information in the contractor selection process needs to be kept confidential and cannot be made public in the system, competent persons shall decide to post information during the contractor selection process.

4. For specific bidding packages, if the provisions of the E-BD form attached to this Circular are applied and there is no contractor satisfies the requirements for average annual turnover or similar contract, the project owner and bid solicitor may modify these requirements according to the following principles:

a) The modification of requirements on average annual revenue, similar contracts different from the provisions of the E-BiD, must ensure that the division of bidding packages is reasonable, the scope of the bidding packages is not too large to limit competition;

b) When submitting the E-BiD for approval, the bid solicitor must clearly state the modification of the E-BiD in the submission for the project owner to consider;

c) In all cases, the project owner must ensure not to restrict the participation of contractors; the selected contractor has sufficient capacity and experience to conduct the bidding package.

5. For bidding packages for procurement of medicines, in case of technical difficulties in online contractor selection, the Ministry of Planning and Investment shall take responsibility for providing guidance; the Ministry of Health shall take responsibility for guiding the handling of problems related to the implementation of Circular No. 15/2019/TT-BYT.

6. Data on the contractor's financial statements shall be shared from the National Information System on Business Registration and the Electronic Tax System.

7. In the cases where any of legal documents referred to in this Circular is amended or replaced, the newest one shall prevail.

8. From the effective date of this Circular, when making the bidding dossier for offline contractor selection, the project owner and the bid solicitor shall use the E-BiD attached to this Circular on the basis of ensuring that it is not contrary to the Law on Bidding and Decree No. 63/2014/ND-CP.

9. On an annual basis, the Ministry of Planning and Investment shall guide the provision and posting of bidding information in the system and Bidding Newspaper during public holidays and lunar New Year festivals every year in conformity with the schedules of public holiday and lunar New Year festival announced by the Ministry of Labor, Invalids and Social Affairs.

10. Based on reality, the Public Procurement Agency of the Ministry of Planning and Investment may modify web forms in the system to facilitate online contractor selection, simplify administrative procedures and increase competition, equality, transparency and economic efficiency in bidding activities, while ensuring the effectiveness of the state management of bidding.

11. If meeting with any problems in the course of implementation, ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees of all levels, state economic groups and corporations, and related organizations and individuals shall send their written opinions to the Ministry of Planning and Investment for timely consideration and adjustment./.

* All Appendices are not translated herein.