Circular 98/2025/TT-BTC forms of bidding dossiers for selection of investors to implement PPP and business investment projects

CIRCULAR

Prescribing forms of bidding dossiers for selection of investors to implement investment projects in the form of public-private partnership and business investment projects; provision and publication of information on investment in the form of public-private partnership and bidding for selection of investors on the Vietnam National E-Procurement System

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

Pursuant to the Law on Investment in the Form of Public-Private Partnership No. 64/2020/QH14, which was amended and supplemented under Law No. 03/2022/QH15, Law No. 57/2024/QH15 and Law No. 90/2025/QH15;

Pursuant to the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024, detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects, which was amended and supplemented under the Government’s Decree No. 225/2025/ND-CP dated August 15, 2025;

Pursuant to the Government’s Decree No. 23/2024/ND-CP dated September 16, 2024, detailing a number of articles and measures for implementation of the Bidding Law regarding selection of investors to implement projects falling into cases subject to organization of bidding in accordance with specialized laws, which was amended and supplemented under the Government’s Decree No. 225/2025/ND-CP dated August 15, 2025;

Pursuant to the Government's Decree No. 180/2025/ND-CP dated July 01, 2025, on mechanisms and policies on public-private partnership cooperation in the field of science, technology, innovation and digital transformation development;

Pursuant to the Government's Decree No. 243/2025/ND-CP dated September 11, 2025, detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership;

Pursuant to the Government’s Decree No. 257/2025/ND-CP dated October 08, 2025, providing detailed regulations on implementation of projects applying the Build-Transfer contract type;

Pursuant to the Government’s Decree No. 29/2025/ND-CP dated February 24, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, which was amended and supplemented under the Government's Decree No. 166/2025/ND-CP dated June 30, 2025;

At the proposal of the Director of the Procurement Management Department;

The Minister of Finance hereby promulgates the Circular prescribing forms of bidding dossiers for selection of investors to implement investment projects in the form of public-private partnership and business investment projects; provision and publication of information on investment in the form of public-private partnership and bidding for selection of investors on the Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides regulations on:

1. Forms of bidding dossiers for selection of investors to implement investment projects in the form of public-private partnership (PPP) and business investment projects.

2. Provision and publication of information on investment in PPP form and bidding for selection of investors on the Vietnam National E-Procurement System.

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 have investor selection activities that are not regulated by the Bidding Law but choose to apply this Circular. 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, digital certificates used on the System, User Manual, professional accounts are interpreted under Clause 1, 2, 6, 7, and 10, Article 3 of the Minister of Finance’s Circular No. 79/2025/TT-BTC dated August 04, 2025, guiding the provision and publication of information on bidding and bidding forms on the Vietnam National E-Procurement System (below referred to as Circular No. 79/2025/TT-BTC).

2. E-documents mean documents and information that are successfully sent, received and stored on the System, including:

a) Decisions on investment policy; decisions on approval of PPP projects;

b) Decisions on approval of business investment projects’ investment policy (for projects subject to investment policy approval in accordance with the investment law), or written approval of the project information (for projects not subject to investment policy approval);

c) Tables for monitoring the progress of investor selection activities of business investment projects; shortlist (for business investment projects applying the form of restricted bidding);

d) Notices of invitation for expression of interest and notices of invitation for bids;

dd) Dossiers of invitation for expression of interest, bidding dossiers;

e) Consortium agreements;

g) Bid opening records;

h) Results of invitation for expression of interest; lists of investors satisfying technical requirements; investor selection results;

i) Contents of modification and clarification of dossiers of invitation fpr expression of interest, bidding dossiers, bid dossiers; contents of recommendations on investor selection results;

k) Other e-documents that are exchanged on the System.

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

4. 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 and contract-signing agencies;

b) Bid solicitors, parties inviting for expression of interest;

c) Investors;

d) Agencies, organizations, or units attached to or under ministries, ministerial-level agencies, central agencies, other agencies, provincial-level People’s Committees; commune-level People’s Committees.

5. Account for participation in the System means an account granted by the Vietnam National E-Procurement Center to the organization participating in the System to perform one or several roles as prescribed in Clause 4 of this Article.

Article 4. Preparation of surveys of interest, bidding dossiers and dossiers of requirements for PPP projects

1. The bid solicitor and the expert group shall prepare the expression-of-interest (EOI) survey, bidding dossier, and dossier of requirements for PPP projects in accordance with the Law on Investment in the Public-Private Partnership form (hereinafter referred to as the PPP Law); the Government's Decree No. 243/2025/ND-CP dated September 11, 2025, detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership (hereinafter referred to as Decree No. 243/2025/ND-CP); Decree No. 257/2025/ND-CP dated October 08, 2025, providing detailed regulations on implementation of projects applying the Build-Transfer contract type (hereinafter referred to as Decree No. 257/2025/ND-CP); ministries’ and ministerial-level agencies’ guidance on PPP investment activities (if any); and other relevant laws, as follows:

a) The expression-of-interest survey shall be prepared in accordance with the form provided in Appendix I to this Circular;

b) The Guidance on discussions regarding the bidding dossier for projects applying the form of competitive negotiation shall be prepared in accordance with the form provided in Appendix II to this Circular;

c) The bidding dossier shall be prepared in accordance with the form prescribed in Appendix III to this Circular;

d) The dossier of requirements for projects applying the ordinary investor appointment procedure shall be prepared in accordance with the form prescribed in Appendix IV to this Circular.

2. For projects applying the fast-track procedures for investor appointment:

a) During the appraisal of the investor’s project proposal dossier, the project appraisal unit shall assess the investor’s capability to arrange capital and the conformity of the draft contract contents in accordance with Point d, Clause 7, Article 27 of Decree No. 243/2025/ND-CP as follows:

The investor’s capability to arrange capital shall be assessed based on the provisions on capacity evaluation prescribed in Section 2, Chapter II, Part 1, Appendix IV to this Circular.

The conformity of the draft contract contents shall be assessed based on the draft contract contents prescribed in Part 3, Appendix III to this Circular, Appendix III to Decree No. 243/2025/ND-CP, and Articles 14 and 16 of Decree No. 257/2025/ND-CP.

b) After the decision approving the project and the result of investor appointment has been issued, the bid solicitor shall formulate the requirements on capacity and financial-commercial conditions as prescribed at Point a, Clause 3, Article 56 of Decree No. 243/2025/ND-CP and Point a, Clause 3, Article 10 of Decree No. 257/2025/ND-CP as the basis for conducting negotiation and finalization of the contract as follows:

The requirements on capacity shall be formulated based on updated information on eligibility status, capability to arrange equity capital, and capability to mobilize loan capital of the investor under the project approval decision.

The requirements on financial-commercial conditions shall be formulated based on the provisions on financial-commercial evaluation prescribed in Section 4, Chapter II, Part 1, Appendix IV to this Circular.

3. For projects applying the form of investor selection in special cases, the requirements on the investor’s financial capacity and project implementation conditions shall be formulated based on the provisions of the dossier of requirements template specified in Appendix IV to this Circular.

4. In Appendices I, II, III, and IV to this Circular, the italicized contents are intended for guidance and illustration purposes and shall be specified in the bidding dossiers and dossiers of requirements based on the scale, characteristics, sector, and specific conditions (if any) of each project.

Article 5. Formulation of notices of invitation for expression of interest, dossiers of invitation for expression of interest, bidding dossiers, and dossiers of requirements for business investment projects

1. The party inviting for expression of interest, bid solicitor, or expert group shall prepare the notice of invitation for expression of interest, bidding dossier, and dossier of requirements in accordance with the Bidding Law, the Government's Decree No. 23/2024/ND-CP dated February 27, 2024, detailing a number of articles and measures for implementation of the Bidding Law regarding selection of investors to implement projects falling into cases subject to organization of bidding in accordance with specialized laws (hereinafter referred to as Decree No. 23/2024/ND-CP); the Government's Decree No. 115/2024/ND-CP dated September 16, 2024, detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects (hereinafter referred to as Decree No. 115/2024/ND-CP); relevant guidelines of line ministries (if any) and other relevant laws, as follows:

a) The notice of invitation for expression of interest and the dossier of invitation for expression of interest shall be prepared in accordance with the form specified in Appendix V enclosed herewith;

b) The bidding dossier for projects applying the form of open bidding or restricted bidding under the single-stage, single-envelope method shall be prepared in accordance with the form specified in Appendix VI enclosed herewith;

c) The bidding dossier for projects applying the form of open bidding under the single-stage, two-envelope method shall be prepared in accordance with the form specified in Appendix VII enclosed herewith;

d) The dossier of requirements for projects applying the ordinary contractor appointment process as prescribed at Point a, Clause 1, Article 44d of Decree No. 115/2024/ND-CP shall be prepared in accordance with the form specified in Appendix VIII enclosed herewith;

dd) For business investment projects in the power sector, bidding dossier templates shall comply with the guidelines of the Ministry of Industry and Trade.

2. For projects applying the fast-track investor appointment process as prescribed at Point b, Clause 1, Article 44d of Decree No. 115/2024/ND-CP, requirements on capacity, land use efficiency and local and sectoral development investment efficiency shall be established on the basis of the dossier of requirements form prescribed in Appendix VIII enclosed herewith.

3. For projects applying the form of investor selection in special cases, the requirements on the investor’s financial capacity and project implementation conditions shall be formulated based on the provisions of the dossier of requirements template specified in Appendix VIII to this Circular.

4. For projects applying the two-stage, single-envelope method, the bidding dossier shall be developed based on the bidding dossier template prescribed in Appendix VI enclosed herewith.

5. In Appendices V, VII, VII, and VIII to this Circular, the italicized contents are intended for guidance and illustration purposes and shall be specified in the dossiers of invitation for expression of interest, bidding dossiers and dossiers of requirements based on the scale, characteristics, sector, and specific conditions (if any) of each project.

Chapter II

PROVISION AND POSTING OF INFORMATION ON INVESTMENT IN PPP FORM, BIDDING FOR INVESTOR SELECTION ON THE SYSTEM

Article 6. Principles for provision and posting information on the System

1. Regulations on formats of attached files; technical handling in cases where the System encounters incidents beyond control; account management and use of digital certificates; sending and receiving electronic documents on the System; requirements on information technology infrastructure shall comply with the corresponding provisions in Articles 5, 6, 7, 8, and 9 of Circular No. 79/2025/TT-BTC.

2. The entity operating the System shall perform its responsibilities in accordance with Article 52 of the Bidding Law, Article 25 of Circular No. 79/2025/TT-BTC, and corresponding responsibilities for provision and posting of information on the System as prescribed in this Circular.

Article 7. Project information and survey of investor interest

1. With regard to PPP projects:

A competent agency shall post, or assign subordinate agencies, organizations, or units to post, project information on the System, together with the decision on investment policy, decision on adjustment of investment policy (if any), decision on project approval, and decision on project adjustment approval (if any), prior to organizing investor selection in accordance with Point a, Clause 2, Article 3 of Decree No. 243/2025/ND-CP.

b) The competent agency shall post, or assign affiliated agencies, organizations, or units to post, the notice of investor interest survey on the System. The survey of investor interest shall be conducted in accordance with Article 20 of Decree No. 243/2025/ND-CP.

2. With regard to business investment projects:

a) For projects subject to approval of investment policy:

Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their affiliated agencies, organizations, units, or commune-level People’s Committees to post the decision approving the investment policy on the System before organizing bidding for investor selection in accordance with Clause 2, Article 10 of Decree No. 115/2024/ND-CP and Article 9 of Decree No. 23/2024/ND-CP.

b) For projects not subject to approval of investment policy:

Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their affiliated agencies, organizations, units, or commune-level People’s Committees to post information on the business investment project on the System before organizing bidding for investor selection in accordance with Point c, Clause 1, Article 11 of Decree No. 115/2024/ND-CP and Point c, Clause 1, Article 10 of Decree No. 23/2024/ND-CP.

Article 8. Table for monitoring the progress of investor selection activities for business investment projects

Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their affiliated agencies, organizations, units, or commune-level People’s Committees to post the Table for monitoring the progress of investor selection activities on the System before organizing bidding for investor selection in accordance with Clause 5, Article 12 of Decree No. 115/2024/ND-CP and Clause 5, Article 11 of Decree No. 23/2024/ND-CP.

Article 9. Issuance, modification, clarification of dossiers of invitation for expression of interest; extension of the deadline for submission of project implementation registration dossiers for business investment projects

1. Issuance:

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

b) The party inviting the expression of interest shall not issue a paper copy of the dossier of invitation for expression of interest. In case the party inviting the expression of interest has issued paper copy to investors, such paper copy has no legal validity for preparation and evaluation of the project implementation registration dossier.

2. Modification:

a) In case of modifying the dossiers of invitation for expression of interest after issuance, the party inviting the expression of interest must post on the System the decision on modification together with the modifications of dossiers of invitation for expression of interest, and the modified dossiers of invitation for expression of interest;

b) The modification must comply with the time limits prescribed in Clause 3, Article 39 of Decree No. 23/2024/ND-CP and Clause 3, Article 40 of Decree No. 115/2024/ND-CP.

3. Clarification:

a) Where clarification of the dossier of invitation for expression of interest is required, the investor shall send a clarification request to the party inviting the expression of interest on the System at least 05 working days before the submission deadline for project implementation registration dossiers.

b) The party inviting the expression of interest shall post the clarification document of the dossier of invitation for expression of interest on the System at least 02 working days before the submission deadline for project implementation registration dossiers;

c) The clarification of the dossier of invitation for expression of interest must not contravene contents of the dossier of invitation for expression of interest posted on the System. If the clarification leads to modification of the dossier of invitation for expression of interest, such modification must comply with Clause 2 of this Article.

4. Extension of the deadline for submission of project implementation registration dossiers:

Where extension of the submission deadline is required, the party inviting the expression of interest shall post the extension notice together with the extension approval decision on the System, clearly stating the reason for extension and the new bid closing time.

Article 10. Shortlist for business investment projects applying the form of restricted bidding

The bid solicitor shall publicly post on the System the approved shortlist and attach the approval decision, in conformity with the Table for monitoring the progress of investor selection activities.

Article 11. Invitation for bids, issuance, modification, clarification of bidding dossiers; extension of the bid closing time for PPP projects

1. Invitation for bids:

a) For projects applying the form of competitive negotiation, the letter of invitation for bid shall be sent to investors included in the shortlist, specifying the time and place of issuance of the bidding dossier, the bid closing time, and the bid opening time;

b) For projects applying the form of open bidding, the bid solicitor shall post the notice of invitation for bids on the System in accordance with Point b, Clause 2, Article 3 of Decree No. 243/2025/ND-CP;

c) For projects applying international investor selection, the bid solicitor shall post the notice of invitation for bids in English and Vietnamese on the System in accordance with Point b, Clause 2, Article 3 of Decree No. 243/2025/ND-CP, and on the portals of Ministries, central agencies, other agencies, line ministries, or provincial-level People’s Committees (if any), or in an English-language newspaper published in Vietnam.

2. Issuance of bidding dossiers:

a) For projects applying the form of domestic competitive negotiation, the bidding dossier shall be issued free of charge to investors included in the shortlist;

b) For projects applying the form of domestic open bidding, the bidding dossier shall be issued free of charge and with complete bidding dossier files on the System;

c) For projects applying international investor selection, the bidding dossier shall be issued on the System. The investor shall pay an amount equal to the selling price of one set of the electronic bidding dossier when submitting the bid dossier in accordance with Point c, Clause 2, Article 44 of Decree No. 243/2025/ND-CP;

d) For bidding dossiers issued on the System under Point b and Point c of this Clause, the bid solicitor shall not issue paper copies of the bidding dossier 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 the bid dossiers.

dd) During the process of posting the notice of invitation for bids, the bid solicitor shall attach the decision approving the bidding dossier and the approved bidding dossier.

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

3. Modification of bidding dossiers:

a) In case of modifying a bidding dossier after issuance, the decision on modification enclosed with modification contents of the bidding dossier shall be sent to investors named in the shortlist by the bid solicitor, for projects applying form of competitive negotiation, or shall be uploaded on the System, for projects applying the form of open bidding.

b) The decision on modification of bidding dossier shall be posted for at least 10 days, for domestic investor selection, or 15 days, for international investor selection, before the bid closing date. 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.

4. Clarification of bidding dossiers:

a) For projects applying the form of competitive negotiation, the investor shall send a written request for clarification of the bidding dossier to the bid solicitor at least 5 working days (for domestic investor selection) or 7 working days (for international investor selection) before the bid closing date for consideration and handling in accordance with Point a, Clause 4, Article 44 of Decree No. 243/2025/ND-CP. The clarification of the bidding dossier shall be carried out by the bid solicitor by sending a written clarification to the investors in the shortlist;

b) For projects applying the form of open bidding, the investor shall send a written request for clarification of the bidding dossier to the bid solicitor or through the System at least 5 working days (for domestic investor selection) or 7 working days (for international investor selection) before the bid closing date for consideration and handling in accordance with Point b, Clause 4, Article 44 of Decree No. 243/2025/ND-CP. The clarification of the bidding dossier shall be carried out by the bid solicitor by posting the written clarification on the System at least 2 working days before the bid closing date;

c) When necessary, the bid solicitor may hold a pre-bidding meeting to discuss contents of the bidding dossier that remain unclear to investors. The discussed contents must be recorded by the bid solicitor into minutes and reflected in a written clarification of the bidding dossier; such written clarification must be sent to the investors in the shortlist for projects specified at Point a of this Clause, or posted on the System at least 2 working days before the bid closing date;

d) The contents on clarification of the bidding dossier must not contravene contents of the approved bidding dossier posted on the System. If the clarification leads to modification of the bidding dossier, such modification must comply with Clause 3 of this Article.

5. Extension of time limit for submission of bid dossiers:

a) The bid solicitor shall send the extension notice together with the extension decision to investors included in the short list (for projects applying the form of competitive negotiation), or post the extension notice together with the extension approval decision on the System;

b) Such a notice must contain reason for extension and the new time of bid closing.

Article 12. Invitation for bids, issuance, modification, clarification of bidding dossiers; extension of the bid closing time for business investment projects

1. Invitation for bids:

a) For projects applying the form of restricted bidding, the letter of invitation for bid shall be sent to investors included in the shortlist;

b) For projects applying the form of open bidding, the notice of invitation for bids shall be posted on the System;

c) For projects applying international open bidding, the bid solicitor shall post the notice of invitation for bids in English and Vietnamese on the System, and on the portals of Ministries, central agencies, other agencies, line ministries, or provincial-level People’s Committees (if any), or in an English-language newspaper published in Vietnam.

2. Issuance of bidding dossiers:

a) For projects applying the form of domestic open bidding, the bidding dossier shall be issued free of charge and with complete bidding dossier files on the System;

b) For projects applying the form of domestic restricted bidding, the bidding dossier shall be issued free of charge and with complete bidding dossier files on the System to investors included in the shortlist;

c) For projects applying international bidding, the bidding dossier shall be issued on the System. The investor shall pay an amount equal to the sale price of one set of electronic bidding dossier upon submission of the bid dossier in accordance with Point a, Clause 9, Article 6, and Point c, Clause 2, Article 16 of Decree No. 23/2024/ND-CP (as amended under Point a, Clause 11, Article 66 of Decree No. 115/2024/ND-CP), Point a, Clause 9, Article 7 and Point c, Clause 2, Article 17 of Decree No. 115/2024/ND-CP;

d) The bid solicitor may not issue paper bidding dossiers 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 the bid dossiers;

dd) During the process of posting the notice of invitation for bids, the bid solicitor shall attach the decision approving the bidding dossier and the approved bidding dossier;

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

3. Modification of bidding dossiers:

a) In case of modifying the bidding dossier after issuance, the bid solicitor must post on the System the decision on modification together with the modifications of bidding dossier, and the modified bidding dossier.

b) The decision on modification of bidding dossier shall be posted for at least 15 days, for domestic bidding, or 25 days, for international bidding, before the bid closing date. 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.

4. Clarification of bidding dossiers:

a) For projects applying domestic bidding, the investor shall send a written request for clarification of the bidding dossier to the bid solicitor on the System at least 7 working days before the bid closing date;

b) For projects applying international bidding, the investor shall directly send a written request for clarification of the bidding dossier to the bid solicitor at least 15 working days before the bid closing date;

c) The bid solicitor shall upload the clarifications of the bidding dossier on the System at least 2 working days before the time of bid closing;

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 discussed contents between the bid solicitor and investors must be recorded by the bid solicitor in the minutes of clarification of the bidding dossier and must be posted on the System within a minimum period of 2 working days prior to the bid closing date;

dd) The contents on clarification of the bidding dossier must not contravene contents of the approved bidding dossier posted on the System. If the clarification leads to modification of the bidding dossier, such modification must comply with Clause 3 of this Article.

5. Extension of time limit for submission of bid dossiers:

a) The bid solicitor shall post the extension notice together with the extension approval decision on the System;

b) Such a notice must contain reason for extension and the new time of bid closing.

Article 13. Cancellation, extension, modification of posted information

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

Article 14. Publicization of investor selection results

1. For PPP projects: 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.

2. For business investment projects: Bid solicitors shall publish investor selection results enclosed with investor selection result approval decisions on the System within 5 working days from the date investor selection results are approved.

Article 15. Other information posted on the System and process for posting information on the System

1. In addition to the information posted on the System under Articles 7, 8, 9, 10, 11, 12, 13 and 14 of this Circular, other information shall be posted on the System as follows:

a) Bid opening records shall be posted within 24 hours from the time of bid opening;

b) Decisions on bid cancellation shall be posted within 5 working days from the date of signing such decisions;

c) Documents resolving complaints from bid solicitors and competent persons shall be posted within 5 working days from the date of issuance of such documents;

d) List of investors meeting technical requirement shall be posted within 5 working day from the date of approval.

2. The process of posting information as prescribed in Articles 7, 8, 9, 10, 11, 12, 13, 14, and Clause 1 of this Article must comply with the User Manual.

Article 16. Responsibilities of parties participating in the System

1. Responsibilities of agencies, organizations, and units specified at Points a and d, Clause 4, Article 3 of this Circular:

a) For PPP projects, to perform the responsibilities prescribed in Article 94 of the PPP Law and Clause 1, Article 3 of Decree No. 243/2025/ND-CP;

b) For business investment projects, to perform the responsibilities prescribed in Article 77 and Points a, b, and e, Clause 2, Article 7 of the Bidding Law;

c) To take responsibility before the law for the accuracy and truthfulness of the information registered and posted on the System when logging in with their system accounts;

d) To check and confirm the posting of their information on the System;

dd) To monitor and update information posted on the System and information responded by the System;

e) To manage and take responsibility for the use of digital certificates on the System.

2. Responsibilities of agencies, organizations, and units specified at Point b, Clause 4, Article 3 of this Circular:

a) For PPP projects, to post information on notices of invitation for bids and investor selection results as prescribed at Point b, Clause 1, Article 9 of the PPP Law;

b) For business investment projects, to perform the responsibilities prescribed in Clause 2, Article 79 of the Bidding Law;

c) To take responsibility for consistency of documents posted on the System compared to relevant approved documents;

d) To monitor and update information posted on the System and information responded by the System;

dd) To manage and take responsibility for the use of digital certificates on the System.

3. Responsibilities of investors during the process of expressing interest and participating in bidding:

a) To take responsibility for the accuracy of the attached files in the process of expressing their interest and participating in bidding;

b) To monitor and update information on the System for projects in which they are interested or participate. In case errors occur due to failure to monitor and update information on the System, making investors suffer disadvantages in the process of expressing interest or participating in bidding, such as modifications of dossiers of invitation for expression of interest or bidding dossiers; changes of time for clarification of dossiers of dossiers of invitation for expression of interest, bidding dossiers, and other contents, investors shall take responsibility and suffer disadvantages in the process of expressing interest or participating in bidding;

c) If the investor’s at-law representative authorizes a director of a branch, a dependent accounting subsidiary or a factory, and the head of another dependent accounting unit to perform the tasks during the process of expressing interest or participating in bidding, the interest expression or bidding participation must be carried out by the investors’ accounts for participation in the System but not those of theirs branches, subsidiaries, factories, or other independent accounting units;

d) To perform other responsibilities, including registering to participate in the System to ensure eligibility as prescribed at Point d, Clause 1, Article 5 of the Bidding Law; performing the responsibilities prescribed in Article 82 of the Bidding Law; and managing the investor’s System-participation account and digital certificates registered on the System.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 17. Transitional provisions

1. From the effective dates of Decree No. 180/2025/ND-CP, Decree No. 225/2025/ND-CP, Decree No. 243/2025/ND-CP, and Decree No. 257/2025/ND-CP until before the effective date of this Circular, for PPP projects or business investment projects for which dossiers of invitation for expression of interest, bidding dossiers, or dossiers of requirements have been issued in compliance with the PPP Law or the Bidding Law (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and the decrees detailing their implementation, the selection of investors shall be carried out in accordance with the dossiers of invitation for expression of interest, bidding dossiers, or dossiers of requirements already issued.

2. For PPP projects or business investment projects for which dossiers of invitation for expression of interest, bidding dossiers, or dossiers of requirements have been approved but have not yet been issued by the effective date of this Circular, the party inviting for expression of interest or the bid solicitor shall review and update the dossiers, and report to the competent person or competent agency for approval of amendments in accordance with the PPP Law or the Bidding Law (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), the decrees detailing their implementation, and this Circular.

3. For PPP projects or business investment projects for which dossiers of invitation for expression of interest, bidding dossiers, or dossiers of requirements have not yet been approved, the preparation of dossiers of invitation for expression of interest, bidding dossiers, or dossiers of requirements shall comply with the PPP Law or the Bidding Law (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), the decrees detailing their implementation, and this Circular.

Article 18. Effect

1. This Circular takes effect from the date of its signing for promulgation.

2. From the effective date of this Circular, Circular No. 15/2024/TT-BKHDT dated 30 September 2024, of the Minister of Planning and Investment, prescribing forms of bidding dossiers for selection of investors to implement investment projects in the form of public-private partnership and business investment projects; provision and publication of information on investment in the form of public-private partnership and bidding for selection of investors on the Vietnam National E-Procurement System, shall cease to be effective.

3. Pending the promulgation by line ministries of guidelines on the application of criteria for evaluating local and sectoral development investment efficiency, and methods for determining such criteria, the contents of bidding dossiers shall be prepared on the basis of applying the forms of dossiers prescribed in Appendices V, VI, VII, and VIII to this Circular, but must comply with the bidding law and specialized laws, ensuring the objectives of competition, fairness, transparency, economic efficiency, and accountability.

4. In the course of implementation, should any difficulty arise in relation to the provisions of this Circular, ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels, and relevant agencies and organizations shall submit their comments to the Ministry of Finance for timely consideration and guidance./.