Circular 10/2022/TT-BKHDT publication of information on the Vietnam National E-Procurement System

CIRCULAR

Providing in detail the provision and publication of
information and selection of investors on the Vietnam National E-Procurement System^[1]

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the June 18, 2020 Law on Investment in the Form of Public-Private Partnership (below referred to as the PPP Law);

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

Pursuant to the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the implementation of the Law on E-Transactions regarding digital signatures and digital signature certification services;

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

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

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

At the request of the Director of the Department of Public Procurement;

The Minister of Planning and Investment promulgates a Circular detailing the provision and publication of information and selection of investors on the Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides in detail the provision and publication of information to and the exploitation of the database on public-private partnership (below referred to as the PPP database) and the selection of investors on the Vietnam National E-Procurement System, covering:

a/ Provision and publication of information on investment projects in the form of public-private partnership (below referred to as PPP projects); lists of land-using investment projects or projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources;

b/ Provision and publication of information on the selection of investors to implement PPP projects, land-using investment projects or projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources;

c/ Survey of investor interest in PPP projects; invitation for expression of interest in land-using investment projects regulated by the Bidding Law;

d/ Domestic prequalification for PPP projects;

dd/ Exploitation of the PPP database.

2. For projects having information on the list of state secrets as provided by the law on protection of state secrets, it is not required to provide and publish such information in accordance with this Circular. The management of information on the list of state secrets must comply with the law on protection of state secrets.

3. The online selection of investors does not apply to:

a/ PPP projects subject to international prequalification, international open bidding, competitive negotiation or investor appointment.

b/ Land-using investment projects subject to international open bidding or contractor appointment.

Article 2. Subjects of application

1. Organizations and individuals that are involved in the selection of investors under Article 1 of this Circular.

2. Organizations and individuals that carry out investor selection activities other than those regulated by Article 1 of this Circular may apply this Circular on an optional basis. If opting to apply this Circular, the order of providing and publishing information must comply with the User manual on the Vietnam National E-Procurement System.

Article 3. Interpretation of terms

1. The Vietnam National E-Procurement System (below referred to as the System), the National Information System on Business Registration, the Vietnam National E-Procurement Center (below referred to as the Center), digital certificates, User Manual, professional accounts, e-government procurement (e-GP) project enterprises, and Build-Operate-Transfer (BOT) contracts for e-GP projects are interpreted under Clause 1, 2, 3, 7, 8, 11, 12 and 13, Article 3 of the Minister of Planning and Investment’s Circular No. 08/2022/TT-BKHDT of May 31, 2022, providing in detail the provision and publication of information on bidding and contractor selection on the Vietnam National E-Procurement System (below referred to as Circular No. 08/2022/TT-BKHDT).

2. Abbreviations referred to in this Circular and used on the System include:

a/ E-KSQT, which means an electronic notice of survey of investor interest in PPP projects (below referred to as e-interest survey notice);

b/ E-HSQT, which means an electronic dossier of expression of interest in implementation of PPP projects (below referred to as e-interest expression dossier);

c/ E-TBMST, which means an electronic notice of invitation to prequalification for PPP projects (below referred to as e-prequalification invitation notice);

d/ E-HSMST, which means an electronic dossier of invitation to prequalification for PPP projects (below referred to as e-prequalification invitation dossier);

dd/ E-HSDST, which means an electronic dossier for participation in prequalification for PPP projects (below referred to as e-prequalification participation dossier);

e/ E-TBMQT, which means an electronic notice of invitation to expression of interest in land-using investment projects (below referred to as e-interest expression invitation notice);

g/ E-YCSBNLKN, which means electronic preliminary requirements on capacity and experience for land-using investment projects (below referred to as e-preliminary requirements on capacity and experience);

h/ E-HSDKTHDA, which means an electronic dossier of registration for implementation of land-using investment projects (below referred to as e-project implementation registration dossier).

3. E-documents that are successfully sent, received and stored on the System include:

a/ Information about projects;

b/ Plans on selection of investors for land-using investment projects;

c/ E-interest expression invitation notices and e-prequalification invitation notices;

d/ E-interest survey notices, e-preliminary requirements on capacity and experience and e-prequalification invitation dossiers;

dd/ Written requests for and decisions on approval of e-interest survey notices, e-preliminary requirements on capacity and experience and e-prequalification invitation dossiers;

e/ Bid opening minutes, and minutes of opening e-interest expression dossiers, e-project implementation registration dossiers and e-prequalification participation dossiers;

g/ Shortlists; lists of investors meeting preliminary requirements on capacity and experience; and investor selection results;

h/ Contents of modification and clarification of e-interest survey notices, e-preliminary requirements on capacity and experience, e-prequalification invitation dossiers, e-interest expression dossiers, e-project implementation registration dossiers and e-prequalification participation dossiers; contents of recommendations on investor selection results and matters related to the process of online investor selection;

i/ Other e-documents that are exchanged on the System.

4. Invalid information means information published on the System by the subjects specified in Article 2 of this Circular in contravention of the PPP Law, the bidding law and other relevant laws.

5. Organizations participating in the System mean agencies and organizations that register for participation in the System with one or several of the following roles:

a/ Competent agencies or competent state agencies;

b/ Bid solicitors;

c/ Investors;

d/ Procurement management units;

dd/ Departments of Planning and Investment of provinces and centrally run cities or Economic Zone Management Boards (below referred to as provincial-level Departments of Planning and Investment or Economic Zone Management Boards).

6. Account for participation in the System means an account granted by the Center to an organization participating in the System to perform one or several of the roles specified in Clause 5 of this Article.

Article 4. Application of dossier forms

1. For PPP projects:

a/ The form provided in Appendix 1 shall be used to prepare e-interest survey notices for PPP projects;

b/ The form provided in Appendix 2 shall be used to prepare e-interest survey notices for PPP projects involving special factors for which it is necessary to apply innovative solutions to shorten the schedule of implementation and complete the construction of works and infrastructure systems within a certain period of time, and with high energy efficiency and environmental protection assurance, for projects with a high risk of exerting adverse environmental impacts in accordance with the law on environmental protection;

c/ The form provided in Appendix 3 shall be used to prepare e-prequalification invitation dossiers for PPP projects subject to domestic prequalification.

2. For land-using investment projects, the form provided in Appendix 4 shall be used to prepare e-preliminary requirements on capacity and experience.

Article 5. Principles of application of online investor selection

1. E-documents exchanged through the System and information published on the System are considered original documents with legal validity and effect as paper documents, serving as a basis for evaluation, appraisal, inspection, examination, audit and disbursement activities.

2. The bid solicitor shall carry out bid opening on the System immediately after the bid closing. In case there is no investor submitting dossier, it is permitted to consider extending the time limit for submission of e-interest expression dossiers or e-project implementation registration dossiers and the time of bid closing for the online survey of investor interest in PPP projects, invitation for expression of interest in land-using investment projects or prequalification for PPP projects or to reorganize the online survey of investor interest in PPP projects, invitation for expression of interest in land-using investment projects or prequalification.

Article 6. Principles of online provision and publication of information and investor selection

Regulations on the format of attached files; handling of technical matters in case the System encounters uncontrollable incidents; registration for participation in the System and processing of registration documents; management of accounts and use of digital certificates; sending and receipt of e-documents on the System; and information technology infrastructure conditions must comply with the relevant provisions of Articles 5, 6, 7, 8, 9 and 10 of Circular No. 08/2022/TT-BKHDT.

Article 7. Exploitation of the PPP database

1. Organizations and individuals other than those specified at Point b, Clause 3, Article 5 of the Government’s Decree No. 35/2021/ND-CP of March 29, 2021, detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership (below referred to as Decree No. 35/2021/ND-CP) are entitled to access to and exploitation of the PPP database which is on the list of open databases as stated in the User Manual.

2. Data eligible for use are data not banned from access by citizens in accordance with the law on access to information.

Chapter II

PROVISION AND PUBLICATION OF INFORMATION ABOUT PPP AND BIDDING ON THE SYSTEM

Article 8. Information about capacity and experience of investors

1. Information about capacity and experience of investors on the System includes:

a/ General information about investors;

b/ Data on audited annual financial statements; and audited mid-year financial statements as provided by law (if any);

c/ Information about projects and contracts already and currently performed.

2. Investors shall take the initiative in updating information about their capacity and experience under Clause 1 of this Article to the System and take responsibility before law for the accuracy of the updated information. In case an investor makes adjustments on the System by itself/himself/herself, the System will save all information before and after the investor makes the adjustments. Information about capacity and experience of investors shall be authenticated by digital signatures of the investors.

3. Investors shall attach documents to prove the authenticity on their capacity and experience; the attached documents shall be stored and managed on the System.

4. In case an investor makes untruthful declarations to gain financial benefits or other benefits or to shirk any obligation, it/he/she shall be regarded as having committed frauds as provided in Clause 4, Article 89 of the Bidding Law or Clause 11, Article 10 of the PPP Law.

5. For the contents specified at Point b, Clause 1 of this Article, in case the data on financial statements on the System have been updated from the E-Tax System of the General Department of Taxation of the Ministry of Finance or the National Information System on Business Registration, investors are not required to declare data on financial statements. For data on financial statements of 2021 and subsequent years, if detecting that such data in the System have not yet been updated as compared to those on the E-Tax System of the General Department of Taxation of the Ministry of Finance, an investor shall modify such data to be consistent with the data reported to the tax office; the System will save the modified versions of the investor.

Article 9. Project information and survey of investor interest

1. For PPP projects:

a/ A competent agency shall disclose information about a project on the System, together with the investment policy decision or investment policy adjustment decision (if any), or the project approval decision or project adjustment approval decision (if any) no later than 10 days from the date such decision is approved.

b/ The competent agency shall create, and grant access to, professional accounts to the project preparation unit or the agency or unit in charge of receiving project proposal dossiers shall publish a notice of survey of investor interest on the System. The survey of investor interest must comply with Article 25 of Decree No. 35/2021/ND-CP.

2. For land-using investment projects, provincial-level Departments of Planning and Investment or Economic Zone Management Boards shall publish lists of projects (including preliminary requirements on capacity and experience of investors) and e-interest expression invitation notices on the System.

3. For projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, information about projects (including preliminary requirements on capacity and experience of investors) and interest expression invitation notices shall be published on the System. To be-published contents include:

a/ Information about a project: name of the project; investment objectives and scale; basic requirements of the project; investment period and schedule; location of the project, and other information (if any);

b/ Time limit for investors to submit project implementation registration dossiers;

c/ Information for investors to submit project implementation registration dossiers;

d/ Other information (if necessary).

Article 10. Issuance, modification and clarification of e-interest survey notices, e-preliminary requirements on capacity and experience or preliminary requirements on capacity and experience; extension of time limits for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers

1. Issuance:

a/ For PPP projects, e-interest survey notices shall be issued free of charge on the System.

b/ For land-using investment projects:

Documents on e-preliminary requirements on capacity and experience shall be issued free of charge simultaneously with e-interest expression invitation notices successfully published on the System. In the process of publication of e-preliminary requirements on capacity and experience, provincial-level Departments of Planning and Investment or Economic Zone Management Boards shall attach the following documents:

- Decisions on approval of investment policy, decisions on approval of preliminary requirements on capacity and experience (for projects subject to investment policy approval in accordance with the law on investment) or decisions on approval of lists of projects (for projects not subject to investment policy approval in accordance with the law on investment);

- Approved documents on preliminary requirements on capacity and experience (for projects subject to investment policy approval in accordance with the law on investment).

c/ For projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources:

Documents on preliminary requirements on capacity and experience of investors shall be issued free of charge together with interest expression invitation notices successfully published on the System. In the process of publication of interest expression invitation notices, to be-attached documents include:

- Decisions on approval of investment policy, decisions on approval of preliminary requirements on capacity and experience (for projects subject to investment policy approval in accordance with the law on investment) or decisions on approval of lists of projects (for projects not subject to investment policy approval in accordance with the law on investment);

- Approved documents on preliminary requirements on capacity and experience (for projects subject to investment policy approval in accordance with the law on investment).

It is not permitted to issue paper documents on preliminary requirements on capacity and experience to investors; and paper documents issued to investors have no legal validity for preparation and evaluation of project implementation registration dossiers of investors.

2. Modification:

a/ For PPP projects:

In case of modification of an e-interest survey notice after it is issued, the project preparation unit or the agency or unit in charge of receiving project proposal dossiers shall publish on the System the following documents:

- The modification decision, enclosed with the modified contents of the e-interest survey notice;

- The modified e-interest survey notice.

b/ For land-using investment projects:

In case of modification of a document on e-preliminary requirements on capacity and experience after it is issued, the provincial-level Department of Planning and Investment or Economic Zone Management Board shall publish on the System the following documents:

- The modification decision, enclosed with the modified contents of e-preliminary requirements on capacity and experience;

- The modified e-preliminary requirements on capacity and experience.

c/ For projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, in case of modification of preliminary requirements on capacity and experience, the publication shall be carried out in either of the following methods on the System:

- Publishing the modification decision, enclosed with the modified contents of preliminary requirements on capacity and experience;

- Publishing the modification decision and the modified preliminary requirements on capacity and experience; the modified requirements must clearly show the modified contents.

d/ A modification decision together with its modified contents shall be published on the System at least 10 days before the deadline for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers. In case the period of publication of modified documents does not comply with this Clause, it is required to extend the time limit for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers correspondingly.

3. Clarification:

a/ For PPP projects:

If wishing for clarification of an e-interest survey notice, an investor shall send a request for clarification to the PPP project preparation unit or the agency or unit in charge of receiving PPP project proposal dossiers through the System at least 2 working days before the deadline for submission of e-interest expression dossiers.

b/ For land-using investment projects:

If wishing for clarification of e-preliminary requirements on capacity and experience, an investor shall send a request for clarification to the provincial-level Department of Planning and Investment or Economic Zone Management Board through the System at least 5 working days before the deadline for submission of e-project implementation registration dossiers.

c/ For a project subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, if wishing for clarification of preliminary requirements on capacity and experience, an investor shall send a request for clarification through the System at least 5 working days before the deadline for submission of project implementation registration dossiers.

d/ Documents on clarification of e-interest survey notices, e-preliminary requirements on capacity and experience or preliminary requirements on capacity and experience shall be published on the System at least 2 working days before the deadline for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers, which must describe contents requested to be clarified but must not state the name of the investor requesting clarification.

dd/ Contents on clarification of e-interest survey notices, e-preliminary requirements on capacity and experience or preliminary requirements on capacity and experience must not be contrary to contents of approved e-interest survey notices, e-preliminary requirements on capacity and experience or preliminary requirements of capacity and experience.

In case the receipt of requests for clarification of e-interest survey notices, e-preliminary requirements on capacity and experience or preliminary requirements on capacity and experience leads to the modification of these documents, the modification must comply with Clause 2 of this Article.

4. Extension of the time limit for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers:

In case of extension of the time limit for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers on the System, a notice of extension shall be published on the System, clearly stating the following information:

a/ Reason(s) for the extension;

b/ Deadline for submission of e-interest expression dossiers, e-project implementation registration dossiers or project implementation registration dossiers after the extension;

c/ Names of investors meeting preliminary requirements on capacity and experience in the case of extension specified in Clause 5a, Article 80 of the Government’s Decree No. 25/2020/ND-CP of February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection (below referred to as Decree No. 25/2020/ND-CP), which was amended and supplemented at Point c, Clause 25, Article 89 of Decree No. 35/2021/ND-CP.

5. After obtaining results of the evaluation of e-project implementation registration dossiers for land-using investment projects or project implementation registration dossiers for projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, the list of investors meeting preliminary requirements on capacity and experience shall be published on the System within 10 days from the date evaluation results are obtained.

Article 11. Information about investor selection plans for land-using investment projects

1. Time of information publication:

Information about investor selection plans shall be published on the System within 7 working days from the date such plans are issued. Basic information about projects shall be published simultaneously with investor selection plans.

2. To be-attached documents:

The bid solicitor shall attach the investor selection plan approval decision during the process of publishing such plan. In case of adjustment or modification of the investor selection plan, the bid solicitor shall update and attach the adjustment or modification approval decision on the System before publishing the notice of invitation for bids.

Article 12. Prequalification invitation notices, e-prequalification invitation notices or notices of invitation for bids for PPP projects

1. The bid solicitor shall publish on the System prequalification invitation notices for projects subject to international prequalification; e-prequalification invitation notices for projects subject to domestic prequalification; or notices of invitation for bids for projects subject to competitive negotiation as provided in Clauses 2 and 3, Article 38 of the PPP Law and, at the same time, send to investors that have registered their interest in project implementation under Article 25 of Decree No. 35/2021/ND-CP information about the project implementation progress and time to organize investor selection in PPP project approval decisions.

2. The modification or cancellation of prequalification invitation notices, e-prequalification invitation notices or notices of invitation for bids may only be made before the time of bid closing.

Article 13. Issuance, modification and clarification of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation for PPP projects; extension of the time of bid closing

1. Issuance:

a/ Prequalification invitation dossiers for projects subject to international prequalification, e-prequalification invitation dossiers for projects subject to domestic prequalification or dossiers of invitation to negotiation for projects subject to competitive negotiation as provided in Clauses 2 and 3, Article 38 of the PPP Law shall be issued free of charge simultaneously with prequalification invitation notices, e-prequalification invitation notices or notices of invitation for bids successfully published on the System. In the process of publishing prequalification invitation notices, e-prequalification invitation notices or notices of invitation for bids, the bid solicitor shall attach the following documents:

- Decisions on approval of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation for projects applying high technologies or new technologies;

- Approved prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation.

The bid solicitor may not issue paper documents of prequalification invitation dossiers or dossiers of invitation to negotiation to investors. In case the bid solicitor has issued paper documents to investors, such paper documents have no legal validity for preparation and evaluation of prequalification participation dossiers or dossiers for participation in negotiation.

b/ In case contents of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation published on the System differ from contents of approved prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation, those published on the System shall be used as a basis for the preparation and evaluation of prequalification participation dossiers for PPP projects subject to international prequalification, e-prequalification participation dossiers for PPP projects subject to domestic prequalification or dossiers for participation in negotiation for projects subject to competitive negotiation as provided in Clauses 2 and 3, Article 38 of the PPP Law.

2. Modification:

a/ For investor selection not carried out online, in case of modification of a prequalification invitation dossier or dossier of invitation to negotiation after it is issued, the bid solicitor shall publish documents by either of the following methods on the System:

- Publishing the modification decision together with the modified contents of the prequalification invitation dossier or dossier of invitation to negotiation;

- Publishing the modification decision together with the modified prequalification invitation dossier or dossier of invitation to negotiation; the modified dossier must clearly show the modified contents;

b/ For online investor selection, in case of modification of an e-prequalification invitation dossier after it is issued, the bid solicitor shall publish on the System the following documents:

- The modification decision together with the modified contents of the e-prequalification invitation dossier;

- The modified e-prequalification invitation dossier.

c/ The modification shall be made within the time limits specified in Clause 10, Article 31 of Decree No. 35/2021/ND-CP for PPP projects or at Point m, Clause 1, Article 12 of the Bidding Law for land-using investment projects. In case time limits for publishing modified documents do not comply with this provision, the bid solicitor shall extend the time of bid closing correspondingly.

3. Clarification:

a/ If wishing for clarification of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation, an investor shall send a request for clarification to the bid solicitor through the System at least 2 working days before the date of bid closing;

b/ The bid solicitor shall publish documents on clarification of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation on the System at least 2 working days before the date of bid closing;

c/ Contents on clarification of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation must not be contrary to contents of approved prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation. In case the receipt of requests for clarification of prequalification invitation dossiers, e-prequalification invitation dossiers or dossiers of invitation to negotiation leads to the modification of these dossiers, the modification must comply with Clause 2 of this Article.

4. Extension of the time of bid closing:

In case of extension of the time of bid closing on the System, the bid solicitor shall publish on the System a notice of extension together with the extension decision, clearly stating the following information:

a/ Reason(s) for the extension;

b/ Time of bid closing after the extension.

Article 14. Shortlists for PPP projects

1. Time limit for publication:

a/ The bid solicitor shall publish a shortlist on the System within 10 days from the date such shortlist is issued.

b/ For projects subject to competitive negotiation specified in Clause 1, Article 38 of the PPP Law, the bid solicitor shall publish a shortlist on the System within 10 days from the date the project approval decision is issued.

2. Attached documents:

When publishing a shortlist, the bid solicitor shall attach the following documents:

a/ The prequalification result approval decision, for projects subject to prequalification;

b/ The project approval decision, for projects subject to competitive negotiation specified in Clause 1, Article 38 of the PPP Law;

c/ The shortlist approval decision, for projects subject to competitive negotiation specified in Clauses 2 and 3, Article 38 of the PPP Law.

Article 15. Notices of invitation for bids

1. Bid solicitors shall publish notices of invitation for bids for PPP projects not subject to prequalification and land-using investment projects on the System according to the progress of investor selection organization and in compliance with the time of investor selection organization stated in approved PPP project approval decisions or investor selection plan approval decisions for land-using investment projects.

2. The modification or cancellation of notices of invitation for bids may only be carried out before the time of bid closing.

Article 16. Issuance, modification and clarification of bidding dossiers; extension of the time of bid closing

1. Issuance of bidding dossiers:

a/ When publishing a notice of invitation or bids, the bid solicitor shall attach the following documents:

- The bidding dossier approval decision;

- The approved bidding dossier.

Bidding dossiers shall be issued free of charge simultaneously with notices of invitation for bids on the System, except PPP projects subject to open bidding with prequalification or competitive negotiation. In case of selling bidding dossiers (e–dossiers already published on the System), an investor shall, when submitting a bid, pay to the bid solicitor an amount equal to the selling price of a bidding dossier specified in Clause 1, Article 32 and at Point a, Clause 2, Article 51 of Decree No. 35/2021/ND-CP, for PPP projects, or in Clause 1, Article 7 of Decree No. 25/2020/ND-CP (which was amended and supplemented under Point a, Clause 5, Article 89 of Decree No. 35/2021/ND-CP), for land-using investment projects.

Bid solicitors may not issue paper bidding dossiers to investors. In case bid solicitors issue paper bidding dossiers to investors, such paper dossiers have no legal validity for preparation and evaluation of bids.

b/ In case of a discrepancy between contents of a bidding dossier published on the System and those of the approved bidding dossier, the bidding dossier published on the System shall be used for preparation and evaluation of the bid.

2. Modification of bidding dossiers:

In case of modification of a bidding dossier after it is issued, the bid solicitor shall publish documents on the System in either of the following methods:

a/ Publishing the modification decision, enclosed with modified contents of the bidding dossier;

b/ Publishing the modification decision and the modified bidding dossier; the modified bidding dossier must clearly state the modified contents.

The publication of modified contents must comply with the time limit specified in Clause 10, Article 31 of Decree No. 35/2021/ND-CP, for PPP projects, or in Clause 7, Article 6 of Decree No. 25/2020/ND-CP (which was amended under Point b, Clause 4, Article 89 of Decree No. 35/2021/ND-CP), for land-using investment projects. In case the time limit for publication of a modified document does not satisfy this requirement, the bid solicitor shall extend the time of bid closing.

3. Clarification of bidding dossiers:

a/ If wishing for clarification of a bidding dossier, an investor shall send a request for clarification to the bid solicitor via the System at least 7 working days (for national bidding) or 15 days (for international bidding) before the date of bid closing for consideration and processing.

b/ The bid solicitor shall clarify the bidding dossier upon receiving the request for clarification within the time limit specified at Point a of this Clause and publish the document on clarification of the bidding dossier on the System at least 2 working days before the date of bid closing.

c/ The contents on clarification of the bidding dossier must not contravene contents of the approved bidding dossier. In case the receipt of the request for the clarification leads to modification of the bidding dossier, such modification must comply with Clause 2 of this Article.

d/ When necessary, the bid solicitor may hold a pre-bidding meeting to discuss contents of the bidding dossier that remain unclear to investors. The bid solicitor shall publish the invitation to the pre-bidding meeting on the System. Discussions between the bid solicitor and investors shall be recorded in minutes by the bid solicitor and published on the System within 2 working days from the date the pre-bidding meeting is concluded.

4. Extension of the time of bid closing:

In case of extension of the time of bid closing on the System, the bid solicitor shall publish a notice of extension enclosed with the extension decision on the System, clearly stating the following information:

a/ Reason(s) for the extension;

b/ The time of bid closing after the extension.

Article 17. Cancellation, renewal or modification of published information

The cancellation, renewal or modification of published information must comply with the User Manual.

Article 18. Investor selection results

Bid solicitors shall publish investor selection results enclosed with investor selection result approval decisions on the System within 10 days from the date investor selection results are approved.

Article 19. Process of publication of information on the System

The process of publishing information specified in Articles 8 thru 16 and Article 18 of this Circular must comply with the User Manual.

Chapter III

ONLINE INVESTOR SELECTION

Article 20. Submission of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers and project implementation registration dossiers

1. Process of submitting e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers and project implementation registration dossiers on the System

a/ For PPP projects and land-using investment projects:

Investors shall enter information as required by e-interest survey notices, e-prequalification invitation dossiers and e-preliminary requirements on capacity and experience on the System in the web form format, attaching files to form a set of e-interest expression dossiers, e-prequalification participation dossiers or e-project implementation registration dossiers, and submit the dossiers on the System.

For contents related to dossiers on investors’ legal status, capacity and experience, and investors’ feedback on contents of e-interest survey notices, e-prequalification invitation dossiers or e-preliminary requirements on capacity and experience, investors shall declare such information in the web form, attaching scanned copies of documents proving their legal status, capacity and experience. In case of a disparity between information declared in the web form and information included in scanned copies of documents proving their legal status, capacity and experience, the investors shall clarify such discrepancy. The evaluation shall be based on e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers and the investor’s documents on clarification, including certification of accurate information and documents submitted on the System.

b/ For projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, in case the detailed guidance specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (which was amended under Point b, Clause 7, Article 108 of the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment (below referred to as Decree No. 31/2021/ND-CP), has been provided, investors shall send the attached project implementation registration dossier on the System.

3. In case of a joint-name organization, the member leading the joint-name organization or a member assigned in the joint-name agreement shall submit an e-interest expression dossier, e-prequalification participation dossier, e-project implementation registration dossier or project implementation registration dossier and attach the joint-name agreement on the System.

4. The System shall notify the investor of the status (success or failure) of the submission of the e-interest expression dossier, e-prequalification participation dossier, e-project implementation registration dossier or project implementation registration dossier to the email address that the investor has registered. The information recorded on the System serving as a basis for settling petitions and disputes (if any) include information on the sender, recipient, time of sending, sending status, and number of files attached on the System when the investor submits the e-interest expression dossier, e-prequalification participation dossier, e-project implementation registration dossier or project implementation registration dossier.

5. Past the time limit for submission of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers, the bid solicitor, project preparation unit or agency or unit in charge of receiving PPP project proposal dossiers, provincial-level Department of Planning and Investment or Economic Zone Management Board for land-using investment projects, unit assigned by a competent authority to evaluate projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources shall access the System and evaluate the e-interest expression dossier (in case the e-interest survey notice is made under Point b, Clause 1, Article 4 of this Circular), e-project implementation registration dossier or project implementation registration dossier submitted by the investor.

Article 21. Clarification, modification, replacement or withdrawal of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers

1. Clarification of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers:

a/ Investors shall:

- Clarify e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers at the request of bid solicitors, project preparation units or agencies or units in charge of receiving PPP project proposal dossiers, provincial-level Departments of Planning and Investment or Economic Zone Management Boards for land-using investment projects, units assigned by competent authorities to evaluate projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources;

- Clarify by themselves their dossiers and provide additional documents to prove their legal status, capacity and experience when finding that e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers lack information and documents on their eligibility, capacity and experience but such documents have not yet submitted together with such dossiers.

b/ The clarification of e-interest expression dossiers and e-prequalification participation dossiers for PPP projects, or e-project implementation registration dossiers for land-using investment projects, shall be carried out on the System. All requests for clarification and documents on clarification of investors shall be made on the System.

For projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources, in case the detailed guidance specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (which was amended under Point b, Clause 7, Article 108 of Decree No. 31/2021/ND-CP) has been provided, the clarification shall be carried out on the System.

2. Modification, replacement or withdrawal of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers:

a/ After submitting e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers, investors may modify, replace or withdraw such dossiers for projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources in case the detailed guidance specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (which was amended under Point b, Clause 7, Article 108 of Decree No. 31/2021/ND-CP) has been provided.

b/ After the deadline for submission of e-interest expression dossiers, e-prequalification participation dossiers, e-project implementation registration dossiers or project implementation registration dossiers, investors may not withdraw the submitted dossiers.

Article 22. Preparation, submission, appraisal and approval of e-prequalification invitation dossiers for PPP projects

1. Preparation, submission, appraisal and approval of e-prequalification invitation dossiers:

Bid solicitors shall organize the preparation of e-prequalification invitation dossiers on the System. After preparing e-prequalification invitation dossiers, bid solicitors shall submit them to competent agencies for appraisal and approval. The approval of e-prequalification invitation dossiers shall be carried out offline.

2. An e-prequalification invitation dossier must comprise all necessary information for use as a basis for the investor to prepare an e-prequalification participation dossier. In case a competent agency or the bid solicitor publishes an e-prequalification invitation dossier with insufficient information or unclear information compared to the approved e-prequalification invitation dossier, causing difficulties to the investor in preparing an e-prequalification participation dossier, the competent agency or bid solicitor shall modify and supplement the e-prequalification invitation dossier as appropriate and re-publish such dossier.

3. Datasheet and criteria for evaluation of eligibility, capacity and experience in e-prequalification invitation dossiers shall be digitized in the format of web form on the System. Competent agencies and bid solicitors may not attach files with other requirements on datasheet and criteria for evaluation of eligibility, capacity and experience in e-prequalification invitation dossiers. Datasheet and criteria for evaluation of eligibility, capacity and experience not digitized in the format of web form may not be regarded as part of e-prequalification invitation dossiers and investors are not required to meet these criteria.

4. In case an e-prequalification invitation dossier has contents limiting the participation of investors or to creating advantages for one or several investor(s), thus causing unfair competition, the bid solicitor may not eliminate the e-prequalification invitation dossier that fails to meet these contents.

Article 23. Bid opening for PPP projects subject to prequalification

Bid solicitors shall carry out bid opening and publicize bid opening records on the System within 2 hours from the time of bid closing.

Article 24. Submission, appraisal and approval of prequalification results of PPP projects

1. Bid solicitors shall submit prequalification results to competent agencies and concurrently send them to appraisal units.

2. Competent agencies shall approve prequalification results based on written requests for appraisal of prequalification results, reports on evaluation of e-prequalification participation dossiers and reports on appraisal of prequalification results.

Article 25. Roadmap for application of online investor selection

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize online investor selection according to the following roadmap:

1. From June 1, 2023, the provision and publication of information on projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources shall be carried out on the System.

2. From August 15, 2023, the issuance of e-interest survey notices, e-prequalification invitation dossiers and e-preliminary requirements on capacity and experience and the submission of e-interest expression dossiers, e-prequalification participation dossiers and e-project implementation registration dossiers for PPP projects or land-using investment projects shall be carried out on the System.

Chapter IV

RESPONSIBILITIES OF PARTIES ENGAGED IN INFORMATION PROVISION AND PUBLICATION AND INVESTOR SELECTION ON THE SYSTEM

Article 26. Responsibilities of competent state agencies and competent agencies

1. To take responsibility before law for the accuracy and truthfulness of information registered and published on the System when logging in the System with their accounts for participation in the System.

2. To check and confirm the publication of their information on the System.

3. To manage, and take responsibility for the grant of access to, professional accounts corresponding to their roles; to manage the use of digital certificates registered on the System.

Article 27. Responsibilities of project preparation units and agencies and units in charge of receiving dossiers, for PPP projects; provincial-level Departments of Planning and Investment, Economic Zone Management Boards, for land-using investment projects; units assigned by competent authorities, for projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources; and bid solicitors

1. For bid solicitors, to perform the responsibilities specified in Clauses 1 thru 4, Article 35 of the PPP Law, for PPP projects, and at Points a, b, c, d and k, Clause 1, and Points a, b, c, dd, e and k, Clause 2, Article 75 of the Bidding Law, for land-using investment projects.

2. To publish the information specified in Articles 12, 14, 15, 17 and 18 of this Circular on the System in Vietnamese and English, for projects eligible for selection of international investors.

3. To take responsibility for the authenticity of documents published on the System against approved documents. In case there is a disparity between documents published on the System and approved documents, the documents published on the System will be a legal basis for implementation.

4. To monitor and update information published on the System and information responded by the System.

5. To manage, and take responsibility for the grant of access to, professional accounts corresponding to their roles; to manage the use of digital certificates registered on the System.

Article 28. Responsibilities of the Center, project enterprises and Bidding Newspaper

1. The Center and project enterprises shall completely perform their responsibilities in the provision and publication of information on investment in the form of PPP and on bidding in accordance with relevant provisions of the bidding law regarding contractor selection and the User Manual.

2. The Bidding Newspaper shall:

a/ Review and detect invalid information as specified in Clause 4, Article 3 of this Circular and notify such to competent state agencies, competent agencies and bid solicitors within 1 working day after the latter publish information on the System by themselves. The notification of invalid information shall be made on the System, or via emails, mobile applications or other information channels for competent state agencies, competent agencies and bid solicitors to modify and complete the information and re-publish it on the System.

b/ Extract the information specified in Articles 9, 12, 14, 15, 17 and 18 of this Circular and publish it on the Bidding Newspaper on 1 issue within 2 working days after competent state agencies, competent agencies and bid solicitors publish information on the System in accordance with law.

3. In case errors occur in the publication of information on investor selection, such as late publication, publication of wrong contents or intentional failure to publish information, thus causing damage to competent state agencies, competent agencies, bid solicitors or investors, the Bidding Newspaper shall publish additional information and publicly correct information in accordance with the press law. Depending on the severity of errors, related organizations and individuals of the Bidding Newspaper will also be subject to consideration for handling of their responsibilities in accordance with the regulations on cadres, civil servants and public employees, regulations on employees and other relevant regulations.

Article 29. Responsibilities of investors

1. To register for participation in the System to have such participation approved in accordance with law before the time of bid closing so as to ensure their eligibility under Point d, Clause 1, Article 5 of the Bidding Law, for land-using investment projects, or according to the User Manual, for PPP projects.

2. To perform the responsibilities as prescribed in Clauses 1 thru 5, Article 77 of the Bidding Law, for land-using investment projects, or according to the User Manual, for PPP projects.

3. To provide and publish bidding information on the System, ensuring the compliance with the responsibilities specified in Article 80 of the Bidding Law, for land-using investment projects, or according to the User Manual, for PPP projects.

4. To manage accounts and digital certificates for participation in the System.

5. To take responsibility for the accuracy of the information declared on web forms and attached files in the process of expressing their interest in project implementation and participating in bidding; to enter information as required by e-interest survey notices, e-preliminary requirements on capacity and experience and e-prequalification invitation dossiers and attach files to form sets of e-interest expression dossiers, e-project implementation registration dossiers and e-prequalification participation dossiers according to the User Manual.

6. To study e-interest survey notices, e- preliminary requirements on capacity and experience and e-prequalification invitation dossiers for projects in which they are interested in order to prepare e-interest expression dossiers, e-project implementation registration dossiers and e-prequalification participation dossiers as appropriate. If detecting that e-interest survey notices, e-preliminary requirements on capacity and experience or e-prequalification invitation dossiers have unclear contents, causing difficulties to investors in the preparation of e-interest expression dossiers, e-project implementation registration dossiers or e-prequalification participation dossiers, to request bid solicitors to clarify e-interest survey notices, e-preliminary requirements on capacity and experience or e- prequalification invitation dossiers for competent state agencies, competent agencies and bid solicitors to modify and supplement these documents as appropriate.

7. To monitor and update information on the System for projects in which they are interested or participate. In case errors occur due to failure of investors to monitor and update information on the System, making them suffer disadvantages in the process of participation in bidding, such as changes or modifications of e-interest survey notices, e-preliminary requirements on capacity and experience or e-prequalification invitation dossiers, time for submission of e-interest expression dossiers, e-project implementation registration dossiers or e-prequalification participation dossiers, time for clarification of e-interest expression dossiers, e-project implementation registration dossiers or e-prequalification participation dossiers, time for contract negotiation and finalization, and other contents, investors shall take responsibility and suffer disadvantages in the process of participation in bidding.

8. In case at-law representatives of investors authorize directors of branches or directors of dependent cost-accounting subsidiaries or directors of enterprises, etc., to perform the jobs in the process of participation in bidding, the participation in bidding on the System must be carried out through investors’ accounts for participation in the System other than accounts of such branches, subsidiaries or enterprises, etc.

In case of using accounts for participation in the System of branches or dependent units (dependent cost-accounting units), investors shall be regarded as failing to satisfy the eligibility requirements specified in Clause 1, Article 5 of the Bidding Law, for land-using investment projects, or according to the User Manual, for PPP projects.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 30. Implementation provisions

1. For PPP projects for which interest survey notices are published on the System before August 15, 2023, the order and procedures for survey of investor interest must still be carried out according to the issued dossiers and relevant regulations. Based on the survey results, in case a project is identified to be subject to domestic prequalification, online prequalification shall be organized in accordance with this Circular; in case a project is identified to be subject to open bidding without prequalification or subject to competitive negotiation under Clause 1, Article 38 of the PPP Law, information about PPP shall be provided and published under in Clause 1, Article 9 of the PPP Law and this Circular.

2. For PPP projects for which prequalification invitation dossiers are published on the System before August 15, 2023, the order and procedures for selection of investors must still be carried out according to the issued prequalification invitation dossiers and relevant regulations. Based on the prequalification results, the provision and publication of information about PPP must comply with Clause 1, Article 9 of the PPP Law and this Circular.

3. For land-using investment projects and projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources for which lists of projects are published on the System before August 15, 2023, the order and procedures for evaluation of preliminary requirements on capacity and experience of investors must still be carried out according to the issued requirements and relevant regulations. Based on the results of preliminary evaluation of capacity and experience, the provision and publication of information on bidding must comply with this Circular.

4. For PPP projects identified to be subject to domestic prequalification under investment policy decisions or project approval decisions for which prequalification invitation dossiers have not yet been issued by August 15, 2023, online prequalification shall be organized under this Circular without having to modify investment policy decisions or project approval decisions.

5. On the effective date of this Circular, for projects for which interest expression invitation notices, prequalification invitation notices or notices of invitation for bids are published on the System at http://muasamcong.mpi.gov.vn but the bid opening or publication of  lists of investors meeting preliminary requirements on capacity and experience, shortlists and investor selection results has not yet been carried out, special digital certificates issued by the Center may be used to serve the publication on the System.

Article 31. To amend or annul a number of articles of the Minister of Planning and Investment’s Circular No. 09/2021/TT-BKHDT of November 16, 2021, guiding the selection of investors to implement investment projects in the form of public-private partnership and land-using investment projects (below referred to as Circular No. 09/2021/TT-BKHDT)

1. To annul Clause 4, Article 8 of Circular No. 09/2021/TT-BKHDT.

2. To amend Clause 3, Section 1, Appendix VIII to Circular No. 09/2021/TT-BKHDT as follows:

“3. Based on functions, tasks and powers of specialized agencies under provincial-level People’s Committees or subordinate agencies under provincial-level People’s Committees as prescribed by law (below collectively referred to as agencies under provincial-level People’s Committees) and specific conditions of localities, chairpersons of provincial-level People’s Committees shall assign agencies under provincial-level People’s Committees to appraise the value m₃, send the appraisal results to provincial-level Departments of Planning and Investment for summarization in the process of appraising bidding dossiers.

In case of being authorized to approve bidding dossiers under Clause 3, Article 77 of Decree No. 25/2020/ND-CP (which was amended in Clause 22, Article 89 of Decree No. 35/2021/ND-CP), planning-finance divisions of agencies under provincial-level People’s Committees or district-level People’s Committees shall coordinate with related agencies in organizing the appraisal of bidding dossiers, including the value m₃.”

3. To amend Clause 2.c, Table No. 01, Section 2, Chapter II, Appendix VI and Clause 2.c, Table No. 01, Section 2.3, Chapter III, Appendix VII to Circular No. 09/2021/TT-BKHDT as follows:

“c/ Category 3: Project in the field of _____ [write the field similar to the field of the project under consideration, such as investment project on construction of urban areas; or construction of civil works with one or more function(s), including houses (except separate houses); working offices; commercial and service works] in which the investor participates as principal contractor for construction and installation, and which has been completed in whole or in majority within the last ____ years [write the number of years, usually 3-5 years before the year of bid closing] and has the minimum value of ____ [write the value, usually 30-70% of the corresponding job value of the project under consideration].”

Article 32. Effect

1. This Circular takes effect on August 1, 2022.

2. Articles 7, 8, 9, 10 and 13 of the Minister of Planning and Investment’s Circular No. 06/2020/TT-BKHDT of September 18, 2020, guiding the implementation of the Government’s Decree No. 25/2020/ND-CP of February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection, cease to be effective on the date this Circular takes effect.

3. Data on investors’ financial statements shall be shared from the National Information System on Business Registration and the E-Tax System.

4. If the documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

5. Annually, the Ministry of Planning and Investment shall guide the provision and publication of information about PPP and bidding on the System and the Bidding Newspaper, ensuring compliance with schedules of public holidays and New Year holidays announced by the Ministry of Labor, Invalids and Social Affairs.

6. Based on the actual situation, the Department of Procurement Management of the Ministry of Planning and Investment may modify web forms on the System to create more favorable conditions for the parties involved in online investor selection, reduce administrative procedures, and raise competition, fairness, transparency and economic efficiency in investor selection while ensuring the effectiveness of state management of investment in the form of PPP and bidding.

7. If encountering any problems in the course of implementation of this Circular, ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, state economic groups, state corporations and related organizations and individuals shall report them to the Ministry of Planning and Investment for timely consideration and guidance.-

Minister of Planning and Investment
NGUYEN CHI DUNG

* The Appendices to this Circular are not translated.