Circular 129/2026/TT-BTC amend Circular 98/2025/TT-BTC forms of bidding documents for selecting investors

CIRCULAR

Amending and supplementing a number of articles of Circular No. 98/2025/TT-BTC dated October 27, 2025 of the Minister of Finance providing the form of bidding documents for selecting investors to implement investment projects in the form of public-private partnership and business investment projects; provision and posting of information on investment in the form of public-private partnership and bidding for selecting investors on the Vietnam National Electronic Procurement System

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Pursuant to the Law on Bidding No. 22/2023/QH15, as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15;

Pursuant to the Government’s Decree No. 274/2026/ND-CP dated July 7, 2026, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement business investment projects;

At the proposal of the Director of the Public Procurement Agency;

The Minister of Finance promulgates the Circular amending and supplementing a number of articles of Circular No. 98/2025/TT-BTC dated October 27, 2025 of the Minister of Finance providing the form of bidding documents for selecting investors to implement investment projects in the form of public-private partnership and business investment projects; provision and posting of information on investment in the form of public-private partnership and bidding for selecting investors on the Vietnam National Electronic Procurement System.

Chapter I

GENERAL PROVISIONS

          Article 1. Amending and supplementing a number of articles of Circular No. 98/2025/TT-BTC dated October 27, 2025 of the Minister of Finance providing the form of bidding documents for selecting investors to implement investment projects in the form of public-private partnership and business investment projects; provision and posting of information on investment in the form of public-private partnership and bidding for selecting investors on the Vietnam National Electronic Procurement System as follows:

          1. To add Clause 1a below Clause 1 Article 3 as follows:

          “1a. The abbreviations used in this Circular and on the System include:

          a) E-NIEI stands for the e-notice of invitation for expression of interest; 

          b) E-DIEI stands for the e-dossier of invitation for expression of interest;

          c) E-DRPI stands for the e-dossier of registration for project implementation;

          d) E-DPBIP stands for the e-dossier of proposal for business investment project proposed by the investor;

          dd) E-PD stands for the e-proposal document for business investment project proposed by the investor;

          e) E-PBIP stands for the e-proposal for business investment project proposed by the investor;

          g) E-RCP stands for the e-result of contract performance.

          h) E-HOP stands for the e-history of suspension/termination of the operation of the investment project;

          i) E-DRPI stands for the e-document for registration for project implementation;

          k) E-DCA stands for the e-document on the consortium agreement among the members.

          2. To amend and supplement a number of points of Clause 2, Article 3 as follows:

          a) To amend and supplement Point d, Clause 2 as follows:

          “d) Notice of invitation for expression of interest, E-NIEI, notice of invitation for bids;”

          b) To amend and supplement Point dd, Clause 2 as follows:

          “dd) Dossier of invitation for expression of interest, E-DIEI, bidding dossiers;”

          c) To amend and supplement Point i, Clause 2 as follows:

          “i) Clarifications and modifications of dossiers of invitation for expression of interest, E-DIEI, dossiers of registration for project implementation, E-DRPI, bidding dossiers, and bid dossiers; and petitions regarding investor selection results;”

          3. To amend and supplement Article 5 as follows:

          a) To amend and supplement the title of Article 5 as follows:

          “Article 5: Formulation of notices of invitation for expression of interest, E-NIEI, dossiers of invitation for expression of interest, E-DIEI, bidding dossiers, and dossiers of requirements for business investment projects”

          a) To amend and supplement the first paragraph of Clause 1 as follows:

          “The party inviting the expression of interest, bid solicitor and expert group shall formulate the notice of invitation for expression of interest, E-NIEI, dossiers of invitation for expression of interest, E-DIEI, bidding dossier and dossier of requirements in accordance with the Bidding Law, the Government’s Decree No. 274/2026/ND-CP dated July 07, 2026, detailing a number of articles of, and measures to implement, the Bidding Law regarding selection of investors to implement business investment projects, guidance of line ministries (if any), and other relevant laws, specifically as follows:”

          c) To amend and supplement Point a, Clause 1 as follows:

          “a) The notice of invitation for expression of interest, E-NIEI, dossier of invitation for expression of interest and E-DIEI shall be made according to the forms provided in Appendix V, Appendix V.A to this Circular;

          d) To amend and supplement Clause 2 as follows:

          “2. For projects applying the fast-track investor appointment procedures as specified at Point b, Clause 1, Article 48 of Decree No. 274/2026/ND-CP, the requirements on capacity, land use efficiency and investment effects on sectoral or local development  shall be formulated based on the model dossier of requirements provided in Appendix VIII to this Circular.”.

          dd) To amend and supplement Clause 5 as follows:

          “5. In Appendices V, V.A, VI, VII and VIII to this Circular, the italicized contents are guidelines and illustrations and will be concretized in the dossier of invitation for expression of interest, E-DIEI, bidding dossier and dossier of requirements based on the specific scale, characteristics, fields and conditions (if any) of each project.”.

          4. To amend and supplement Clause 2, Article 7 as follows:

          “2. For business investment projects:

          a) For projects subject to investment policy approval in accordance with the investment law:

          Provincial-level People’s Committees, or Economic Zone Management Boards shall assign their subordinate or attached agencies, organizations or units, or commune-level People’s Committees to post the decision on investment policy approval on the System before organizing bidding for investor selection as specified in Clause 2, Article 10 of Decree No. 274/2026/ND-CP.

          b) For projects not subject to investment policy approval:

          Ministries, ministerial-level agencies, provincial-level People’s Committees, or Economic Zone Management Boards shall assign their subordinate or attached agencies, organizations or units, or commune-level People’s Committees to post information on the business investment projects on the System before organizing bidding for investor selection as specified at Point c, Clause 2, Article 11 of Decree No. 274/2026/ND-CP.

          5. To amend and supplement Article 8 as follows:

          “Article 8. Tables for tracking the progress of investor selection activities under business investment projects

          1. The bid solicitor shall post the Tables for tracking the progress of investor selection activities on the System before organizing bidding for investor selection in accordance with Clause 6, Article 12 of Decree No. 274/2026/ND-CP.

          2. The bid solicitor shall update the actual implementation time and compare the difference in time when submitting the bidding contents to the competent person for approval, in order to monitor the progress and update the progress and reasons for delay (if any) on the Vietnam National Electronic Procurement System.

          6. To amend and supplement Article 9 as follows:

          “Article 9. Issuance, modification and clarification of dossiers of invitation for expression of interest, E-DIEI; extension of the time limits for submission of dossiers of registration, E-DRPI for project implementation for business investment projects

          1. Issuance of dossiers:

          a) The dossier of invitation for expression of interest, E-DIEI shall be issued free of charge simultaneously with the notice of invitation for expression of interest, E-NIEI on the System. During the process of posting the notice of invitation for expression of interest, E-NIEI, the inviting party shall attach the decision approving the dossier of invitation for expression of interest, E-DIEI and the approved dossier, E-DIEI;

          b) The inviting party may not issue paper copies of the dossier of invitation for expression of interest, E-DIEI. In case the inviting party issues paper copies to investors, such paper copies have no legal validity for formulation and evaluation of dossiers of registration for project implementation, E-HSĐKTHDA.

          2. Modification of dossiers:

          a) In case of modification of the dossier of invitation for expression of interest, E-DIEI after its issuance, the inviting party shall post on the System the decision on such modification, attached with the modified contents of the dossier of invitation for expression of interest, E-DIEI and the modified dossier of invitation for expression of interest and the modified E-DIEI;

          b) The modification must comply with the time limit specified in Clause 3, Article 40 of Decree No. 274/2026/ND-CP.

          3. Clarification of dossiers:

          a) When investors need to clarify the dossier of invitation for expression of interest, E-DIEI, they shall submit a request for clarification to the inviting party on the System at least 5 working days before the deadline for submission of dossiers of registration for project implementation, E-DRPI;

          b) The inviting party shall post a document on clarification of the dossier of invitation for expression of interest, E-DIEI on the System at least 2 working days before the deadline for submission of dossiers of registration for project implementation, E-DRPI;

          c) The clarification contents of the dossier of invitation for expression of interest, E-DIEI must not contradict the content of the dossier of invitation for expression of interest, E-DIEI already posted on the System. In case the clarification of the dossier of invitation for expression of interest, E-DIEI results in the modification of the dossier of invitation for expression of interest, E-DIEI, the modification must comply with Clause 2 of this Article.

          4. Extension of the time limit for submission of dossiers of registration for project implementation, E-DRPI:

          In case it is necessary to extend the time limit for submission of dossiers of registration for project implementation, E-DRPI, the inviting party shall post a notice on the extension, attached with a decision approving the extension, on the System. The notice of extension must state the reason for the extension and the new bid-closing time.”.

          7. To amend and supplement Point c, Clause 2, Article 12 as follows:

          “c) For projects applying the international investor selection method, the bidding dossier shall be issued on the System. Investors shall pay an amount equal to the selling price of a set of electronic bidding dossier when submitting their bid dossiers under Point a, Clause 9, Article 7; and Point c, Clause 2, Article 17, of Decree No. 274/2026/NĐ-CP;”.

          8. To amend and supplement a number of Appendices to the Circular as follows:

          a) To add Appendix IV.A – Form of project proposal dossier below Appendix IV to Circular No. 98/2025/TT-BTC, as set out in Appendix I to this Circular;

          b) To add Appendix IV.B – Form of project proposal dossier (E-DPBIP) below Appendix IV.A to Circular No. 98/2025/TT-BTC, as set out in Appendix II to this Circular;

          c) To add Appendix IV.C – Form of document approving the information on the business investment project proposed by the investor below Appendix IV.B to Circular No. 98/2025/TT-BTC, as set out in Appendix III to this Circular;

          d) To amend and supplement a number of contents of Appendix V to Circular No. 98/2025/TT-BTC, as set out in Appendix IV to this Circular;

          dd) To add Appendix V.A – Form of e-dossier of invitation for expression of interest (E-DIEI) below Appendix V to Circular No. 98/2025/TT-BTC, as set out in Appendix V to this Circular;

          e) To amend and supplement a number of contents of Appendix VI to Circular No. 98/2025/TT-BTC, as set out in Appendix VI to this Circular;

          g) To amend and supplement a number of contents of Appendix VII to Circular No. 98/2025/TT-BTC, as set out in Appendix VII to this Circular;

          h) To amend and supplement a number of contents of Appendix VIII to Circular No. 98/2025/TT-BTC, as set out in Appendix VIII to this Circular;

          i) To add Appendix IX – Form of results of contract performance (E-RCP) below Appendix VIII to Circular No. 98/2025/TT-BTC, as set out in Appendix IX to this Circular;

          k) To add Appendix X – Form of history of suspension/termination of the operation of the investment project (E-HOP) below Appendix IX to Circular No. 98/2025/TT-BTC, as set out in Appendix X to this Circular.

          9. To annul the phrase “duly certified” from the following Articles and Clauses: Note (5) of Form No. 04 of Appendix III – Form of bidding dossiers for PPP projects; Note (5) of Form No. 04 of Appendix IV – Form of dossiers of requirements for PPP projects; Note (5) of Form No. 04 of Appendix V – Form of dossier of invitation for expression of interest for business investment projects; Note (4) of Form No. 05 of Appendix VI – Form of single-stage single-envelope bidding dossiers for business investment projects; Note (4) of Form No. 05 of Appendix VII – Form of single-stage two-envelope bidding dossiers for business investment projects; and Note (4) of Form No. 05 of Appendix VIII – Form of dossier of requirements for projects applying the ordinary investor appointment procedures.

          Article 2. Transitional provisions

          1. For projects for which dossiers of invitation for expression of interest are being formulated; or bidding dossiers, dossier of requirements are being formulated or appraised, but by the effective date of this Circular, dossiers of invitation for expression of interest or bidding dossiers, dossier of requirements have not yet been approved, or have been approved but have not yet been issued, the solicitors for expression of interest or bid solicitors shall formulate or modify dossiers of invitation for expression of interest, bidding dossiers or dossier of requirements in accordance with Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), Decree No. 274/2026/ND-CP and this Circular.

          2. For projects for which dossiers of invitation for expression of interest, bidding dossiers or dossiers of requirements were issued but bid opening has not yet been conducted by the effective date of this Decree, the solicitors for expression of interest or bid solicitors shall report to competent persons for consideration the continuation of the bid opening, evaluation of project implementation registration dossiers, bid dossiers or dossiers of proposals under the issued dossiers or extension of the bid opening time to modify or supplement dossiers of invitation for expression of interest, bidding dossiers, dossiers of requirements in accordance with Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), Decree No. 274/2026/ND-CP and this Circular.

          3. For projects for which bids have been opened and bid dossiers/proposal dossiers are being evaluated but, as of the effective date of this Circular, the investor selection results have not yet been approved, the competent person shall approve the investor selection results, including the contents specified in Clause 2, Article 28 of Decree No. 274/2026/ND-CP.

          4. For projects for which the investor selection results have been approved or a contract has been signed but, as of the effective date of this Circular, the key information on the business investment project contract has not yet been posted, the bid solicitor shall post on the Vietnam National Electronic Procurement System the contents specified in Clause 3, Article 31 of Decree No. 274/2026/ND-CP.

          5. Individuals who have been granted a certificate of professional bidding expertise in contractor selection in accordance with regulations, or certificates having the same validity as a certificate of professional bidding expertise as prescribed in Article 37 of Circular No. 02/2024/TT-BKHDT dated March 6, 2024 of the Minister of Planning and Investment prescribing training and further training in bidding knowledge and the examination, issuance and revocation of professional certificates in bidding (as amended and supplemented by Circular No. 105/2025/TT-BTC dated October 31, 2025 of the Minister of Finance amending and supplementing a number of articles of Circular No. 02/2024/TT-BKHDT), that remain valid may use such certificates to participate in expert teams and appraisal teams in investor selection.

          Article 3. Implementation provisions

          1. This Circular shall take effect from August 27, 2026.

          2. To amend and supplement a number of articles of Circular No. 02/2024/TT-BKHDT dated March 6, 2024 of the Minister of Planning and Investment prescribing training and further training in bidding knowledge and the examination, issuance and revocation of professional certificates in bidding (as amended and supplemented by Circular No. 105/2025/TT-BTC dated October 31, 2025) as follows:

          a) To amend and supplement Point b, Clause 1, Article 7 as follows:

          “b) Individuals participating in expert teams and appraisal teams for investor selection for business investment projects as prescribed in Clause 3, Article 1 of the Government’s Decree No. 274/2026/ND-CP dated July 7, 2026, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement business investment projects;”

          b) To amend and supplement the first paragraph of Appendix 1 to Circular No. 02/2024/TT-BKHDT dated March 6, 2024 of the Minister of Planning and Investment as follows:

          “Based on the trainees’ needs for updating and improving their professional knowledge in bidding, the bidding training institution may organize further training on one or more of the following topics:” .

          c) To annul the paragraph “Based on the trainees’ needs for updating and improving their professional knowledge, the bidding training institution may organize further training on one or more of the following topics:” in Section C of Appendix 1 to Circular No. 02/2024/TT-BKHDT.

          d) To annul Note (1) of Appendix 2 to Circular No. 02/2024/TT-BKHDT.

          3. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing legal documents shall prevail.

          During the implementation, if any difficulties or problems arise in relation to the provisions of this Circular, the ministries, ministerial-level agencies, People’s Committees at all levels, and relevant agencies and organizations shall send their opinions to the Ministry of Finance for timely consideration and guidance./.

* All Appendices are not translated herein.