Circular 79/2025/TT-BTC guidance on posting of information on bidding and bidding dossier forms

CIRCULAR

Providing guidance on the provision and posting of information on bidding and bidding-related dossier forms on the Vietnam National E-Procurement System

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

Pursuant to the Government’s Decree No. 23/2025/ND-CP dated February 21, 2025 defining e-signatures and trust services;

Pursuant to the Government’s Decree No. 168/2025/ND-CP dated June 30, 2025, on enterprise registration;

Pursuant to the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025, detailing a number of articles of, and measures to implement, the Bidding Law regarding contractor selection;

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 Finance, which was amended and supplemented by the Government’s Decree No. 166/2025/ND-CP dated June 30, 2025;

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

The Minister of Finance hereby promulgates the Circular providing guidance on the provision and posting of information on bidding and bidding-related dossier forms on the Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the provision and posting of information on bidding and bidding-related dossier forms, including:

1. Forms for formulation and approval of general plans on contractor selection, contractor selection plans for projects or procurement estimates specified in Articles 1 and 2 of the Bidding Law;

2. Bidding-related dossier forms on the Vietnam National E-Procurement System for bidding packages for consultancy service provision; non-consultancy service provision; goods (except for drugs); construction and installation, engineering-procurement (EP); engineering-construction (EC); procurement-construction (PC); engineering-procurement-construction (EPC); bidding packages for the supply of medical equipment, chemicals, testing supplies, and accompanying services for the operation of medical equipment (excluding operating personnel costs) based on the quantity of technical services (hereinafter referred to as ordered or borrowed machine), subject to the provisions of the Bidding Law, which are organized through open bidding, restricted bidding, domestic competitive offering under the single-stage and single-envelope method, single-stage two-envelope method, online quotation, and online procurement;

3. Forms for bidding dossier preparation report; written requests for approval of bidding dossier; approval decision of bidding dossier; online bid dossier evaluation report for bidding packages for non-consultancy service provision, goods (except for drugs), ordered machines, borrowed machines, construction and installation, EPC, EP, EC, PC under the single-stage and single-envelope method, single-stage two-envelope method; bidding package for consultancy service provision;

4. Other forms relating to online selection of contractors.

Article 2. Subject of application

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

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

Article 3. Interpretation of terms

1. Vietnam National E-Procurement System (hereinafter referred to as the System) means an information technology system developed and managed by the Ministry of Finance in accordance with Clause 18 Article 4 of the Bidding Law, accessible at the https://muasamcong.mof.gov.vn.

2. National information system on business registration means a specialized information system on business registration in accordance with the Government's regulations on business registration.

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

a) E-NIP stands for an electronic notice of invitation to prequalification;

b) E-NIEI stands for an electronic notice of invitation for expression of interest;

c) E-NIB stands for an electronic notice of invitation for bids;

d) E-DIEI stands for an electronic dossier of invitation for expression of interest;

dd) E-DEI stands for an electronic dossier of expression of interest;

e) E-DIP stands for an electronic dossier of invitation to prequalification;

g) E-DPP stands for an electronic dossier for participation in prequalification;

h) E-BiD stands for a bidding dossier, for online open bidding, online restricted bidding; or online competitive offering;

i) E-BD stands for a bid dossier, for online open bidding, online restricted bidding; or online competitive offering;

k) E-DTP stands for an electronic dossier of technical proposals;

l) E-DFP stands for an electronic dossier of financial proposals.

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

a) Information on projects;

b) General plans on contractor selection, contractor selection plans;

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

d) Short lists;

dd) E-DIEIs, E-DEIs, E-DIPs, E-DPPs, E-BiDs, E-BDs, reference provisions, scientific resume, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers; clarification of E-DIPs, E-DPPs, E-DIEIs, E-DEIs, E-BiDs, E-BDs, E-DTPs, E-DFPs, reference provisions, scientific resume, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers; modifications of E-DIEIs, E-DIPs, E-BiDs, reference provisions, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers; extension of the bid closing time; cancellation of E-NIEIs, E-NIPs, E-NIBs, notices of invitation for expression of interest, notices of invitation to prequalification, notices of invitation for bids;

e) Consortium agreements;

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

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

i) Contractor selection results;

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

l) Proposals, decisions on approval of E-DIEIs, E-DIPs, E-BiDs, reference provisions, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers; decisions on approval of online contractor selection results;

m) Reports on appraisal of E-DIEIs, E-DIPs, E-BiDs; reports on appraisal of contractor selection results;

n) Requests for issuance, amendment, extension, and release of electronic guarantees;

o) E-contracts;

p) Other e-documents exchanged on the System.

5. Invalid information means information posted in the System by the subjects prescribed in Article 2 of this Circular in contravention of the bidding law and relevant laws.

6. Digital certificates used in the System mean public digital certificates granted by a public digital signature certification authority or digital certificates granted by the Government’s specialized digital signature certification authority.

7. Manual means an e-document posted in the System to guide users to conduct transactions in the System.

8. Organizations participating in the System mean agencies, organizations and individuals registering to participate in the System with one or several roles as follows:

a) Project owners;

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

c) Competent agencies (for selection of investors);

d) Contractors (individuals, groups of individuals participating in the individual consultancy bidding package; individuals, groups of creative start-up individuals participating in goods procurement bidding packages; organizations, business households);

dd) Bid management units;

e) Manufacturer block (manufacturer, representative office, manufacturer's agent) registering to participate in the System to respond to the information reported by the contractors.

9. System account means an account granted by the Vietnam National E-Procurement Center (hereinafter referred to as the Center) to the organization participating in the System to play one or several roles as prescribed in Clause 8 of this Article.

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

11. E-GP enterprise means Investment and Development of National E-Procurement System Company Limited established by the investor (FPT Information System Corporation) in accordance with a BOT contract of e-GP project. The E-GP enterprise and the Vietnam National E-Procurement Center shall perform responsibilities of the organization operating the System as specified in Article 52 of the Bidding Law.

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

13. Account locking is the suspension of the function of participating in bidding on the System for the contractor's account.

Article 4. Application of dossier forms and appendices

1. Forms for formulation and approval of general plans on contractor selection include:

a) Form No. 01A for formulation of the Request for general contractor selection plan;

b) Form No. 01B for formulation of the Decision on approval of the general contractor selection plan.

In case of modifying a number of contents of the approved general contractor selection plan, only changed or modified contents shall be formulated, submitted, and approved.

2. Forms for formulation and approval of plans on contractor selection include:

a) Form No. 02A for formulation of the Proposal for contractor selection plan;

b) Form No. 02B for formulation of the Decision on approval of the contractor selection plan.

In case of modifying a number of contents of the approved contractor selection plan, only changed or modified contents shall be formulated, submitted, and approved. For the jobs ineligible for formulation of a contractor selection plan, only contractor selection plan for such jobs (after meeting conditions for formulation of the contractor selection plan) shall be formulated, submitted and approved, and the other jobs that have already been approved shall not be re-formulated, re-submitted or re-approved. In case there is any change to the duration for implementing the bidding package compared to the approved contractor selection plan arising during the performance of the contract, it is not required to modify the contractor selection plan.

3. For construction and installation bidding packages:

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

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

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

4. For bidding packages for goods procurement (including centralized procurement):

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

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

c) Form No. 4C shall be used to compile E-DIPs.

5. For bidding packages for non-consultancy service provision:

a) Form No. 5A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offering is organized by the single-stage and single-envelope method;

b) Form No. 5B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 5C shall be used to compile E-DIPs.

6. For consultancy service bidding packages:

a) Form No. 6A shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

b) Form No. 6B shall be used to compile E-DIEIs;

c) Form No. 6C shall be used to compile forms for individual consultancy.

7. For EP bidding packages:

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

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

c) Form No. 7C shall be used to compile E-DIPs.

8. For EC bidding packages:

a) Form No. 8A shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and single-envelope method;

b) Form No. 8B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 8C shall be used to compile E-DIPs.

9. For PC bidding packages:

a) Form No. 9A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offering is organized by the single-stage and single-envelope method;

b) Form No. 9B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 9C shall be used to compile E-DIPs.

10. For EPC bidding packages:

a) Form No. 10A shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and single-envelope method;

b) Form No. 10B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method;

c) Form No. 10C shall be used to compile E-DIPs.

11. For ordered or borrowed machine bidding packages:

a) Form No. 11A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offering is organized by the single-stage and single-envelope method;

b) Form No. 11B shall be used to compile E-BiDs for which the open bidding or restricted bidding is organized by the single-stage and two-envelope method.

For technical services in medical sector where many medical examination and treatment establishments wish to procure the same type, they may be combined into a bidding package for one of the medical examination and treatment establishments or units with centralized procurement function to perform the procurement. In case a medical examination and treatment establishment consolidates the demand of other medical examination and treatment establishments to form an ordered or borrowed machine bidding package, one of the following approaches shall be applied: the medical examination and treatment establishment conducts the contractor selection and directly signs a contract with the selected contractor; or the medical examination and treatment establishment conducts the contractor selection, signs a framework agreement with one or multiple selected contractors, serving as the basis for other medical examination and treatment establishments to sign contracts with the selected contractors.

12. For online quotation:

a) Form No. 12A shall be used for preparing online bidding dossier for procurement of goods under the single-stage and single-envelope method, applying the standard online quotation request process;

b) Form No. 12B shall be used for preparing online bidding dossier for non-consultancy service provision under the single-stage and single-envelope method, applying the standard online quotation request process;

c) Form No. 12C shall be used for preparing online quotation request template for bidding package of procurement of goods under the simplified process;

d) Form No. 12D shall be used for preparing online quotation request template for bidding package of non-consultancy service provision under the simplified process;

dd) Form No. 12E shall be used for preparing online quotation template for bidding package of construction and installation under the simplified process;

e) Form No. 12G shall be used for preparing online quotation request template under the simplified process in case of situation handling pursuant to Article 140 of the Government's Decree No. 214/2025/ND-CP dated August 04, 2025, detailing a number of articles of and measures to implement the Bidding Law regarding contractor selection.

13. Form No. 13 shall be used for online procurement.

14. For forms of evaluation reports:

a) Form No. 14A shall be used to compile evaluation reports of E-BDs according to the procedure 01 specified at Point a Clause 1 Article 30 of this Circular, for bidding packages for non-consultancy service provision, procurement of goods, construction and installation, EPC, EP, EC, PC, ordered or borrowed machine, online quotation using standard process organized by the single-stage and single-envelope method;

b) Form No. 14B shall be used to compile evaluation reports of E-BDs according to the procedure 02 specified at Point b Clause 1 Article 30 of this Circular, for bidding packages for non-consultancy service provision, procurement of goods, ordered or borrowed machine organized by the single-stage and single-envelope method;

c) Form No. 14C shall be used to compile evaluation reports of E-BDs, for bidding packages for non-consultancy service provision, procurement of goods, construction and installation, EPC, EP, EC, PC, ordered or borrowed machine organized by the single-stage and two-envelope method;

d) Form No. 14D shall be used to compile evaluation reports of E-BDs, for consultancy service bidding packages organized by the single-stage and two-envelope method.

15. Appendices:

a) Appendix 1A: Form of request for approval of the E-BiD, bidding dossier of the expert group;

b) Appendix 1B: Form of decision on approval of E-BiD, bidding dossier;

c) Appendix 2: Form of decision on approval of short list for online bidding applying prequalification or invitation for expression of interest;

d) Appendix 3: Form of decision approving the list of contractors meeting technical requirements (for bidding packages subject to single-stage and two-envelope method);

dd) Appendix 4A: Form of document comparison record (for all bidding packages);

e) Appendix 4B: Form of contract negotiation record (for bidding packages for procurement, construction and installation or non-consultancy service provision, EPC, EP, EC, PC);

g) Appendix 4C: Form of contract negotiation record (for bidding packages for consultancy service provision);

h) Appendix 5: Form of decision on approval of contractor selection results, for online bidding;

i) Appendix 6: Form of commitment;

k) Appendix 7: Form for information on legal documents on bidding;

l) Appendix 8: Form of notice on winning foreign contractors in Vietnam;

m) Appendix 9: Form for information on the handling of violations of the bidding law.

16. For bidding packages specified in Clause 5 Article 3 of the Bidding Law, the role of organizations and individuals submitting and approving the general contractor selection plans, contractor selection plans; submitting, appraising (if any) and approving E-DIEIs, E-DIPs, E-BiDs, and results of contractor selection shall comply with the Bidding Law and its detailing and guiding documents; contents of the general contractor selection plans and contractor selection plans, E-DIEIs, E-DIPs, and E-BiDs shall comply with treaties and loan agreements. In case treaties and loan agreements require the application of the donors’ regulations, the formulation and approval of general contractor selection plans, contractor selection plans, E-BiDs, E-DIEIs and E-DIPs, reports on evaluation of E-BDs, E-DEIs and E-DPPs may apply the forms specified in Clauses 1 thru 15 of this Article, provided that the donors give approvals.

Bidding information for bidding packages belonging to the projects specified in this Clause is encouraged to be disclosed in the column “Other capital sources” in the System.

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

18. The division into EPC, EP, EC, PC bidding packages must ensure conformity with the law on sector or field management (if any), and concurrently ensure the principles defined in Article 37 of the Bidding Law, and such division must not aim at restricting the participation of the contractors in accordance with Point l, Clause 6, Article 16 of the Bidding Law.

Article 5. Requirements on format of attached files

1. The files posted on the System must be:

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

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

c) Free of any virus and error and have no password.

2. In case a file attached in a dossier of invitation for expression of interest, E-DIEI, dossier of invitation to prequalification, E-DIP, bidding dossier, E-BiD, reference provision, online quotation request, or online procurement fails to meet the requirements of Clause 1 of this Article, or due to other reasons, it cannot be opened or read, the project owner must post and re-issue the entire dossier of invitation for expression of interest, E-DIEI, dossier of invitation to prequalification, E-DIP, bidding dossier, E-BiD, reference provision, online quotation request, or online procurement.

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

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

1. In the event of the system failure preventing the operation of the System, the bidding packages for online selection of contractors, that have the bid closing time, deadline for completing online quotation, the confirmation time of acceptance of the given contract for online quotation according to the fast-track procedures, deadline for order confirmation or rejection of online procurement order, and the deadline for clarifying the E-DIEIs, E-DIPs, E-BiDs, reference provisions, E-DEIs, E-DPPs, E-BDs, and scientific resumes, during the period from the occurrence of the failure until 2 hours after the issue is resolved, shall be automatically extended by the System to the new bid closing time, the new deadline for clarifying E-DIEIs, E-DIPs, E-BiDs, reference provisions, E-DEIs, E-DPPs, E-BDs, and scientific resumes, new deadline for online quotation completion, and the new deadline for order confirmation or rejection of online procurement order, which shall be 6 hours after the issue is fully resolved.

2. In case the new bid closing time, new deadline for online quotation completion, new deadline for order confirmation or rejection of online procurement order and the new deadline for clarifying E-DIEIs, E-DIPs, E-BiDs, E-DEIs, E-DPPs, E-BDs specified in Clause 1 of this Article are after 5:00 p.m. and before 11:00 a.m. of the next day, the System shall automatically extend such deadline to 11:00 a.m. of the next day;

For online quotation, if 11:00 a.m. on the following day is not in a working day, the new online quotation completion deadline shall be extended to 11:00 a.m. on the nearest working day.

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

Article 7. Management of accounts and use of digital certificates

1. Creation of professional accounts:

System accounts shall create and decentralize to professional accounts corresponding to the roles of organizations participating in the System specified in Clause 8 Article 3 of this Circular; lock, unlock; reset password, authentication form and login authentication device for professional accounts.

2. Use of digital certificates on the System:

a) Organizations and individuals that are granted digital certificates must register to use digital certificates according to the Manual when participating in the System.

Digital certificates used in the System are digital certificates granted to the organizations and individuals specified in Clause 8 Article 3 of this Circular;

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

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

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

Article 8. Sending and receiving e-documents in the System

1. E-documents specified in Clause 4 Article 3 of this Circular shall have a legal validity, serving as a basis for comparison and authentication of information for evaluation, appraisal, inspection, examination, audit and disbursement in accordance with law.

2. The time of sending and receipt of an e-document shall be determined based on the real time recorded in the System. Successfully sent e-documents shall be stored in the System.

3. When users send e-documents in the System, the System must give feedback to users about the successful or unsuccessful sending.

4. Organizations participating in the System that have successfully registered in the System may access the status of their e-documents and other information in the System. Information on transaction history shall be used to settle disputes (if any) on the sending and receipt of e-documents in the System.

5. Organizations and individuals performing the inspection, examination, audit and disbursement are not required to provide paper documents if the lookup and retrieval of the corresponding e-documents can be carried out on the System, except for cases where it is necessary to check and confirm by original documents.

Article 9. Conditions on information technology infrastructure

Organizations and individuals participating in the System must satisfy the information technology infrastructure requirements as prescribed in Clause 14 Article 78, Clause 3 Article 79 and Point a Clause 3 Article 82 of the Bidding Law and detailed instructions given in the Manual.

Article 10. Connecting the System with the Budget and Treasury Management Information System

The submission of settlement dossiers to the State Treasury shall be carried out via the System in accordance with the Manual through connection with the Budget and Treasury Management Information System.

Contractors are not required to provide the State Treasury with information or documents that are already stored in the System, including e-documents specified in Clause 4 Article 3 of this Circular.

Chapter II

PROVISION AND POSTING OF BIDDING INFORMATION

Article 11. Provision of information for building a national database on contractors and used goods quality

1. Information about contractors’ legal status:

The System shall extract information about the legal status, financial statements and other information of enterprises, cooperatives and business households archived in the national information system on business registration, cooperative and business household registration. For contractors not yet registered on the national information system on business registration, cooperative and business household registration, they shall provide information when registering to participate in the System.

2. Information on capacity and experience of contractors:

a) The contractors shall declare information on their capacity and experience in accordance with Point c Clause 1 Article 19 of Decree No. 214/2025/ND-CP. If the contractors possess certificates as prescribed by law, such certificates shall be declared on the System.

b) Contractors shall proactively update information on their capacity and experience according to Point a of this Clause in the System and take responsibility before law for the accuracy of information declared in the System. In case contractors make a modification in the System, the System shall save all the information before and after the contractors make the modification. Information about the capacity and experience of contractors shall be authenticated by their digital signatures.

c) The contractor must attach documents to prove the authenticity of the capacity, experience and the attached documents shall be stored and managed in the System.

d) Contractors that make untruthful declaration for gaining financial benefits or other benefits or for shirking any obligations shall be considered committing a fraud under Clause 4 Article 16 of the Bidding Law.

dd) For the information about figures on the financial statements, if the figures on the financial statements in the System have been extracted from the E-Tax System and the National Information System on Business Registration, contractors are not required to declare figures on financial statements. For financial statement figures from 2021 onwards, if contractors find that the System has not updated the figures compared to the E-Tax System and the National Information System on Business Registration, they shall amend the figures to match those reported to tax agencies. The System shall save the modified information of contractors.

3. Project owners shall provide information about the reputation of contractors in bidding participation under Point d Clause 1 Article 19 of Decree No. 214/2025/ND-CP.

4. Centralized procurement units shall provide information on framework agreements on the System under Clause 2 Article 92 of Decree No. 214/2025/ND-CP.

5. The project owners or units wishing to conduct centralized procurement shall provide information about the result of performance of contracts by contractors under Point dd Clause 1 Article 19 of Decree No. 214/2025/ND-CP.

6. The project owners or units wishing to conduct centralized procurement shall provide information about the used goods quality under Clause 2 Article 19 of Decree No. 214/2025/ND-CP.

7. The project owners shall provide information about handling of violations against the bidding law under Point a Clause 1 Article 8 of the Bidding Law.

Article 12. Primary information of a contract or framework agreement

1. Primary information of a contract includes: Contract number, entities, contractual price, contract type, bidding package performance duration as prescribed in Clause 7 Article 39 of the Bidding Law, contract performance duration (counted from the effective date of the contract to the date the parties fulfill the contractual obligations), the time the contract takes effect, list of subcontractors (if any), scope of works specified in the contract, other information (if any).

2. The project owner or unit wishing to conduct centralized procurement shall provide primary information of the contract within 5 working days from the effective date of the contract as prescribed in Clause 4 Article 8 of the Bidding Law.

3. For centralized procurement, the centralized procurement unit shall disclose the primary information of the framework agreement on the System within 5 working days from the effective date of the framework agreement, including the following information: Framework agreement number, centralized procurement unit, framework agreement value, contract type, term of the framework agreement, scope of works specified in the framework agreement, other information (if any).

Article 13. Information about projects, general plans on contractor selection, and contractor selection plans

1. Time of posting:

Information about general plans on contractor selection and contractor selection plans shall be posted on the System by the project owners in accordance with Point a Clause 1 and Clause 4 Article 8 of the Bidding Law and Clause 5 Article 16 of Decree No. 214/2025/ND-CP.

2. When posting general plans on contractor selection, project owners shall attach documents which are grounds for formulation of such general plans on contractor selection in accordance with Clause 2 Article 16 of Decree No. 214/2025/ND-CP.

For contractor selection plans, they shall be posted together with the basic information about the projects.

3. If the bidding package’s estimate is approved after the contractor selection plan is approved under Clause 2 Article 140 of Decree No. 214/2025/ND-CP, such approved estimate must be posted on the System at least 5 days before the date the time of bid closing is defined or at least 3 days for bidding packages of goods procurement with continuous price fluctuations according to the market.

4. Attached documents:

Project owners must attach decisions on approval of general plans on contractor selection and contractor selection plans during the process of posting the general plans on contractor selection and contractor selection plans.

Article 14. Notices of invitation for expression of interest, notices of invitation for prequalification, E-NIEIs and E-NIPs

The project owners shall post notices of invitation for expression of interest and notices of invitation to prequalification, E-NIEIs and E-NIPs on the System according to the schedule of organizing the selection of contractors and in conformity with the time of organizing the selection of contractors stated in the approved contractor selection plans. The cancellation of the notices of invitation for expression of interest, notices of invitation for prequalification, E-NIEIs and E-NIPs shall be carried out only before the time of bid closing, unless no contractor submits dossiers of expression of interest or dossiers for participation in prequalification, E-DEIs or E-DPPs.

Article 15. Issuance, modification and clarification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs

1. Issuance of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs:

Dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs shall be approved and issued free of charge on the System right after notices of invitation for prequalification or notices of invitation for expression of interest, E-NIEIs or E-NIPs are successfully posted.

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

2. Modification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs:

a) For offline selection of contractors, in case of modifying the dossiers of invitation for expression of interest or dossiers of invitation for prequalification after issuing, project owners shall publish the documents on the System by either of the following two ways: Decision on modification, enclosed with the modified contents of the dossier of invitation for expression of interest or dossier of invitation for prequalification; or decision on modification and the modified dossier of invitation for expression of interest or modified dossier of invitation for prequalification which must clearly show modified contents.

b) For online selection of contractors, in case of modification of E-DIEIs or E-DIPs after issuance, project owners must publish the following documents on the System: Decisions on modification together with the modifications of E-DIEIs and E-DIPs; and the modified E-DIEIs and E-DIPs.

3. Clarification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs:

a) In case of requiring to clarify a dossier of invitation for expression of interest or dossier of invitation for prequalification, E-DIEI or E-DIP, the contractor shall send a request for clarification to the project owner via the System at least 3 working days before the bid-closing day;

b) The project owner shall respond to the requirement for clarifying the dossier of invitation for expression of interest, dossier of invitation for prequalification, E-DIEI or E-DIP on the System at least 2 working days before the bid-closing day;

c) The clarifications of the dossier of invitation for expression of interest or dossier of invitation for prequalification, E-DIEI or E-DIP must not be contrary to the approved dossier of invitation for expression of interest or dossier of invitation for prequalification, E-DIEI or E-DIP. In case the receipt of the requirement for clarification of the dossier of invitation for expression of interest or dossier of invitation for prequalification, E-DIEI or E-DIP gives rise to the need to modify the dossier of invitation for expression of interest or dossier of invitation for prequalification, E-DIEI or E-DIP, such modification must comply with Clause 2 of this Article.

Article 16. Short lists for bidding packages subject to prequalification and invitation for expression of interest

1. For online bidding, the project owner shall approve the results of prequalification and invitation for expression of interest on the System. Attached documents include: The evaluation report of E-DPP or E-DEI (posting the general evaluation report, without the scoring sheets of members of the expert group).

2. For offline bidding:

a) The project owner shall post a short list on the System within 5 working days after such list is issued;

b) Attached documents include: Decision on short list approval; report on evaluation of dossier for participation in prequalification or dossier for expression of interest (posting the general evaluation report, without the scoring sheets of members of the expert group).

Article 17. Notices of invitation for bid and E-NIBs

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

Article 18. Issuance, modification and clarification of bidding dossiers, E-BiDs, and reference provisions according to standard process

1. Issuance of bidding dossiers, E-BiDs, and reference provisions:

Bidding dossiers, E-BiDs, and reference provisions shall be approved on the System.

For offline contractor selection, the bidding dossiers shall be issued on the System immediately after the successful posting of the notices of invitation for bid. For bidding packages subject to short list selection procedures, the invitation to bid, along with the bidding dossiers, shall be sent via the System to the contractors listed in the short list.

Project owners are not allowed issue paper copies of bidding dossiers to contractors. If the project owners issue paper copies to contractors, the paper copies shall be considered having no legal validity for making and evaluating bid dossiers.

2. Modification of bidding dossiers, E-BiDs, and reference provisions:

a) For offline selection of contractors, in case of modification of bidding dossiers after issuance, project owners shall post the documents on the System by either of the following two ways: Decisions on modification, enclosed with the modified contents of the bidding dossiers; or decisions on modification and the modified bidding dossiers which must clearly show modified contents.

b) For online selection of contractors, in case of modification of E-BiDs or reference provisions after issuance, project owners must publish the following documents on the System: Decisions on modification together with the modifications of E-BiDs and reference provisions; and the modified E-BiDs and reference provisions.

3. Clarification of bidding dossiers, E-BiDs, and reference provisions:

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

For online selection of contractors, if needing clarification of E-BiDs or reference provisions, at least 3 working days before the bid closing day, contractors shall send a request for clarification to the project owners via the System for consideration and handling.

b) Project owners shall receive request for clarification of contractors and respond the requirement for clarifying the bidding dossiers, E-BiDs, reference provisions on the System at least 2 working days before the bid closing day;

c) Clarified contents must not be contrary to approved contents of the bidding dossiers or E-BiDs or reference provisions. If the receipt of the request for clarification of the bidding dossier or E-BiD or reference provisions leads to the needs to modify the bidding dossier or E-BiD or reference provisions, the modification shall be carried out in accordance with Clause 2 of this Article;

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

Article 19. Cancellation, extension, modification of posted information

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

Article 20. Results of contractor selection

1. For online bidding:

a) The project owner shall approve and post the contractor selection result on the System;

b) Attached documents include: The evaluation report of E-BD (posting the general evaluation report, without the scoring sheets of members of the expert group).

2. For offline bidding:

a) The project owner shall post the contractor selection results on the System within 5 working days after the date contractor selection results are approved;

b) Attached documents include: Decision on approval of contractor selection results; report on evaluation of bid dossiers (posting the general evaluation report, without the scoring sheets of members of the expert group).

3. In case the bidding package price in the approved contractor selection plan is adjusted under Point b Clause 8 Article 140 of Decree No. 214/2025/ND-CP, the project owner must post the decision on adjusting the bidding package price on the System before the expiry date of re-offering the bid.

4. For goods procurement bidding packages, it is required to make public detailed information on the lists of wining goods items under the bidding packages, including:

a) List of goods;

b) Symbol;

c) Brand;

d) Year of manufacture;

dd) Origin (country or territory);

e) Manufacturer;

g) Configuration and basic technical features;

h) Unit;

i) Volume;

k) Chapter codes, group codes (corresponding to the first 4 numbers of the code set) in the Harmonized Commodity Description and Coding System HS Code according to the Commodity Classification System issued by the World Customs Organization (WCO) (collectively referred to as HS codes) (if any);

l) Unit price of winning bid.

Article 21. 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 11, 12, 13, 14, 15, 16, 17, 18 and 20 of this Circular, other information which shall be posted and implemented on the System includes:

a) Bid opening records, for offline bidding, which shall be posted on the System within 24 hours from the time of bid opening;

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

c) Documents resolving complaints from project owners and competent persons, which shall be posted on the System within 5 working days from the date of issuance of documents resolving complaints;

d) List of contractors meeting technical requirement, for offline bidding, which shall be posted on the System within 5 working day from the date of approval;

dd) For two-stage bidding method, the list of contractors meeting requirements of the bidding dossier of the first stage and the list of contractors meeting technical requirements of the second stage, which must be posted on the System within 5 working days from the date of approval;

e) List of winning foreign contractors in Vietnam, which shall be posted in the System within 15 days from the effective date of the contract signing with foreign contractors.

2. The process of posting information as prescribed in Articles 11, 12, 13, 14, 15, 16, 17, 18, 20 and Clause 1 of this Article shall be carried out according to the Manual.

Article 22. Responsibilities of project owners

1. To fulfill the responsibilities prescribed in Article 78 of the Bidding Law.

2. To post information as prescribed at Points a, b, c, d, dd, g, h, i and k Clause 1 Article 7 of the Bidding Law. For bidding packages subject to international bidding, the information specified at Points b, c and d Clause 1 Article 7 of the Bidding Law shall be Vietnamese and English; for the information specified at Point dd Clause 1 Article 7 of the Bidding Law, the project owners shall publish the information in English or in both Vietnamese and English.

3. To take responsibility before the law for the accuracy and truthfulness of the information registered and posted on the System; to check and confirm the posting of their information on the System. The information and documents posted by the project owners on the System shall serve as legal grounds for implementation.

4. To monitor and update information posted on the System and feedback of the System.

5. To post on the Information System on winning foreign contractors in Vietnam according to Appendix 8 issued together with this Circular; the posting shall comply with the Manual. Information shall be sent to the Public Procurement Agency and the Ministry of Finance within 7 working days from the date the contractor selection results are approved.

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

Article 23. Responsibilities of competent agencies regarding selection of investors

1. Competent agencies shall post the information specified at Points a, b and e, Clause 2, Article 7 of the Bidding Law.

2. To bear responsibility before law for the accuracy and truthfulness of the information they register and post on the Vietnam National E-Procurement System and the consistency between posted documents and approved documents.

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

Article 24. Responsibilities of bid solicitors regarding selection of investors

1. To fulfill the responsibilities prescribed in Clause 2 Article 79 of the Bidding Law.

2. To post information specified at Points c, d and dd Clause 2 Article 7 of the Bidding Law. For business investment projects opened for international bidding, bid solicitors shall post information in Vietnamese and English.

3. To take responsibility for consistency of documents posted on the System compared to relevant approved documents. In case there are differences between documents posted on the System and approved documents, documents posted on the System shall serve as legal grounds for implementation.

4. To monitor and update information posted on the System and feedback of the System.

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

Article 25. Responsibilities of the Center and e-GP enterprise

1. The Center shall:

a) Manage and supervise the operation of the System, as well as oversee the business activities, operation, and development of the System by the e-GP enterprise in accordance with the BOT contract of e-GP project and the Circular of the Minister of Finance on the management and use of costs in the selection of contractors and investors on the Vietnam National E-Procurement System;

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

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

d) Coordinate with the e-GP enterprise in implementing the responsibilities specified in Article 52 of the Bidding Law.

2. E-GP enterprise shall:

a) Fulfill the responsibilities prescribed in Article 52 of the Bidding Law;

b) Coordinate with the Center in performing the responsibilities prescribed in Clause 1 of this Article.

Chapter III

CONTENTS OF BIDDING-RELATED DOSSIER FORMS

Article 26. Preparation, submission, appraisal (if any) and approval of E-DIEIs, E-DIPs and E-BiDs

1. The expert group shall organize the preparation of E-DIEIs, E-DIPs and E-BiDs on the System. After the expert group makes the E-DIEIs, E-DIPs, or E-BiDs, the expert group shall submit to project owner for appraisal (if any) and approval of the E-DIEIs, E-DIPs, or E-BiDs.

2. An E-DIEI, E-DIP or E-BiD must include all necessary information to serve as a basis for contractors to prepare an E-DEI, E-DPP or E-BD. In case the project owner posts an E-DIEI, E-DIP or E-BiD with incomplete information (such as lack of designs, drawings, and other documents) or with unclear information, making it difficult for contractors to prepare the E-DEI, E-DPP or E-BD, such E-DIEI, E-DIP or E-BiD shall be considered as invalid. The project owner must modify the E-DIEI, E-DIP or E-BiD accordingly and re-post it. The modification shall comply with Clause 2 Article 15 and Clause 2 Article 18 of this Circular.

3. For bidding packages for goods procurement, construction and installation, non-consultancy service provision, EPC, EP, EC, PC, ordered or borrowed machine, data sheets, evaluation criteria for eligibility, capacity and experience requirements in E-DIPs, E-BiDs shall be digitized in the form of webform on the System. The project owner shall not attach other requirement files on data sheets, evaluation criteria for eligibility, requirements for capacity and experience in E-DIPs and E-BiDs. Data sheets, evaluation criteria for eligibility, capacity and experience requirements that are not digitized in the form of webform shall not be considered part of E-DIPs, E-BiDs and contractors are not required to meet these requirements.

4. In case a bidding package for which the prequalification or invitation for expression of interest has been applied, if there is a change in the capacity and experience of the contractor when submitting the E-BD compared to that when participating in the prequalification or expressing the interest, the contractor must update its/his/her capacity and experience when participating in the bidding.

5. In case E-BiDs contain contents that limit the participation of contractors or create advantages for one or several contractors, causing unfair competition, violating the provisions of Clause 3 Article 44 of the Bidding Law, such contents shall not be used as a ground for evaluating an E-BD under Clause 1 Article 29 of the Decree No. 214/2025/ND-CP.

Article 27. Responsibilities of contractors during the bidding process

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

a) Information on the validity of the E-DEI, E-DPP or E-BD:

For the content of the bid security, the contractor shall declare the information and attach a scanned copy of the bid security. In case of using electronic bid guarantee, the contractor shall select the bid security issued by a domestic credit institution or a foreign bank branch established under Vietnamese law, or a certificate of guarantee insurance issued by a domestic non-life insurance enterprise or foreign non-life insurance enterprise’s branch established under Vietnamese law and stored in the System, to the E-BD. For a consortium of contractors, all consortium members must use the same bid guarantee format, which is electronic or paper bid guarantee;

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

b) Information on capacity and experience;

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

For financial resource requirements: contractors shall declare information; in case of obtaining the project owner's permit for using commitment for credit extension where the contractors use the commitment to grant credit extension to prove their financial resources, in addition to the declaration of information, the contractors must attach a scanned copy of the commitment to grant credit extension in the E-DPP or E-BD.

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

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

For financial statement figures from 2021 onwards, in case contractors find that the System has not updated these figures compared to the E-Tax System of the years from 2021 onwards, contractors shall modify the information to be consistent with the figures reported to tax agencies. In case the figures updated or modified on the System by contractors are inconsistent with those on the E-Tax System, leading to falsify the contractor selection results, contractors shall be considered as committing frauds, violating Clause 4 Article 16 of the Bidding Law.

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

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

4. If the contractors’ 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 bidding process, the bidding participation in the System must be carried out by the contractors’ system accounts but not those of theirs branches, subsidiaries, factories, or other independent accounting units. In case of using system accounts of the branches or affiliated units (dependent accounting units), the contractors shall be considered ineligibility under Clause 1 Article 5 of the Bidding Law.

5. Other responsibilities, including:

a) Registering to participate in the System to ensure eligibility under Point d Clause 1 Article 5 of the Bidding Law;

b) Performing the responsibilities prescribed in Article 82 of the Bidding Law;

c) Managing system accounts and digital certificates registered in the System.

Article 28. Contents about goods samples

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

Article 29. Bid opening for online contractor selection

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

Project owners shall open bids and publicize records of bid opening on the System within 2 hours after the bid closing time.

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

a) Project owners shall open E-DTPs and publicize records of opening E-DTPs on the System within 2 hours after the bid closing time;

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

c) After posting the list of contractors meeting the technical requirements, the project owners shall conduct the opening of the E-DFPs of the contractors whose names are on the list of contractors meeting the technical requirements and post the opening record of the E-DFPs on the System.

Article 30. Evaluation of E-BDs

1. Process of evaluating E-BDs:

a) Process 01 shall be applied for all bidding packages, including evaluating the validity of an E-BD; evaluating capacity and experience; evaluating technical capacity; evaluating finance.

For the centralized procurement bidding package of which the contractor shall be selected based on the provision capacity, the evaluation of bid security, annual turnover, similar contracts and production capacity shall be carried out in the step of financial evaluation.

b) Process 02 shall be applied for bidding packages for goods procurement or non-consultancy service provision, ordered or borrowed machine organized by the single-stage and single-envelope method, using the lowest bid method and the contractors, E-BDs shall not be entitled to any incentive. Based on bid opening records, the System shall automatically rank contractors according to the lowest bid after discounts (if any) (it is not required to approve the contractor ranking list in this case). If there are two or more contractors ranked the first, the evaluation shall not follow process 02 but must follow process 01.

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

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

- Evaluating technical capacity of the first-ranked contractor.

In case the first ranked contractor is not qualified, the next lower-ranked contractor may be evaluated.

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

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

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

Article 31. Submission, appraisal (if any) and approval of the contractor selection results

1. The expert team shall prepare the evaluation report in accordance with Clause 5, Article 32 of Decree No. 214/2025/ND-CP and submit it to the project owner. The project owner shall organize the document comparison, and contract negotiation (if any) based on the expert team's evaluation report.

The appraisal team (the unit assigned to implement the appraisal) shall carry out the appraisal of the contractor selection results based on the expert team's evaluation report, the documentation comparison record, and the contract negotiation record (if any).

2. The project owner shall approve the contractor selection results, using the Appendix 5 issued together with this Circular on the basis of the report on evaluation of the E-BD, documentation comparison record, contract negotiation record and report on appraisal of contractor selection results (if any).

Article 32. E-contracts

1. The contracts for bidding packages applying open bidding, restricted bidding, competitive offering, online quotation, or online procurement defined in Clause 1 Article 1 of this Circular for which the contract payment is implemented through the State Treasury must be signed on the System in accordance with Point i, Clause 2, Article 50 of the Bidding Law. It is encouraged to apply e-contracts for bidding packages using the methods of ordering, contractor appointment or direct procurement, price negotiation, contractor selection in special cases, community-involved bidding packages, and individual consultant selection under the simplified process for which the contract payment is not implemented through the State Treasury.

2. E-contract documents constitute a part of the contract dossier as stipulated in Article 65 of the Bidding Law and are digitally signed by the parties, including:

a) The contract document;

b) The specific conditions of the contract, fully completed and including any amendments, supplements, and clarifications made during the contractor selection process, contract negotiation, and finalization (if applicable);

c) Contract annexes, including the detailed list of jobs, price table and performance schedule (if any);

d) Other documents (if any).

3. Except for open bidding, restricted bidding, competitive offering or online quotation under standard process, e-contract documents may only constitute one or several documents specified in Clause 2 of this Article.

4. E-contract documents shall be made according to e-contract templates in E-BiDs specified in this Circular or relevant law regulations. Project owners may modify e-contract templates in an E-BiD to align with the scale and nature of their bidding packages. In case where the E-SC has been fully completed, including all adjustments, supplements, and clarifications made during the contractor selection process, contract negotiation, and finalization (if any), these contents do not need to be included in the contract document to avoid duplication.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 33. Amending and supplementing a number of articles of the Circular No. 05/2024/TT-BKHDT dated April 19, 2024 of the Minister of Planning and Investment, on management and use of charges in the selection of contractors and investors on Vietnam National E-Procurement System

1. To amend and supplement Article 4 as follows:

“Article 4. Charge rates

1. Charge for maintaining the name and capacity profile of contractors on the System shall comply with Point a, Clause 9, Article 14 of Decree No. 214/2025/ND-CP.

Charge for investor selection on the System shall comply with the Government's Decree on detailing a number of articles and providing measures for the implementation of the Law on Investment in the Form of Public-Private Partnership.

2. Charge for bid dossier submission on the System shall comply with Point b Clause 9 Article 14 of Decree No. 214/2025/ND-CP.

3. Charge for bid-winning contractors of bidding packages organized in the form of online open bidding, restricted bidding, competitive offer, and online quotation according to the standard procedure shall comply with Point c Clause 9 Article 14 of Decree No. 214/2025/ND-CP.

4. Charge for connecting the electronic bid guarantee function between the System and domestic credit institutions, foreign bank branches established under Vietnamese law, domestic non-life insurance companies, and branches of foreign non-life insurance companies established under Vietnamese law shall comply with Point d Clause 9 Article 14 of Decree No. 214/2025/ND-CP.”

2. To amend and supplement Clause 3 Article 7 as follows:

“3. Preparation, approval, adjustment of annual plan and account finalization of revenue and expenditure:

a) The National E-Procurement Center shall develop revenue and expenditure plans related to the selection of contractors and investors on the System according to the contents in Appendix I issued together with this Circular and submit them to the Management Council of the National E-Bidding Center (hereinafter referred to as the Management Council) for approval, or report and seek opinions from the Public Procurement Agency before the Director of the National E-Procurement Center approves them (in case the National E-Procurement Center has not yet established the Management Council);

b) In case of arising tasks, the National E-Procurement Center shall adjust the revenue and expenditure items in Appendix I issued together with this Circular and submit them to the Management Council for approval, or report and seek opinions from the Public Procurement Agency before the Director of the National E-Procurement Center approves them (in case the National E-Procurement Center has not yet established the Management Council).

c) The National E-Procurement Center shall be responsible for preparing the account finalization of revenue and expenditure in accordance with the contents in Appendix II issued together with this Circular and finalizing the accounts as defined.”.

3. To amend and supplement Point a Clause 2 Article 8 as follows:

“a) To give opinions on the annual revenue plans and annual expenditure plans of the National E-Procurement Center (in case the National E-Procurement Center has not yet established the Management Council) in accordance with Point a, Clause 3, Article 7 of this Circular;”.

4. To add Point c1 after Point c Clause 3 Article 8 as follows:

“c1) To approve and adjust the annual revenue plans and annual expenditure plans of the National E-Procurement Center (in case the National E-Procurement Center has not yet established the Management Council) in accordance with Point a, Clause 3, Article 7 of this Circular.”.

Article 34. Transitional provision

1. For bidding packages for which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, E-DIEIs, E-DIPs, E-BiDs have been issued before July 1, 2025, but the bid closure has not yet carried out by the effective date of this Circular, the project owners shall consider and decide to select one of the two following methods:

a) To continue of short list selection, contractor selection, signing and performance management of contracts in accordance with the Bidding Law No. 22/2023/QH15, which was amended and supplemented by Law No. 57/2024/QH15, Decree No. 24/2024/ND-CP, amended and supplemented by Decree No. 17/2025/ND-CP, and detailing and guiding documents.

b) To cancel the notices of invitation for expression of interest, notices of invitation to prequalification, notices of invitation for bids, E-NIEIs, E-NIPs, E-NIBs, and to modify, amend the contractor selection plans (if necessary), the dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, E-DIEIs, E-DIPs, E-BiDs to organize contractor selection in accordance with the Bidding Law No. 22/2023/QH15, which was amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15, Decree No. 214/2025/ND-CP and this Circular, except for the provisions at Point d Clause 1 Article 10 of the Law No. 90/2025/QH15.

2. Bidding packages for which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, E-DIEIs, E-DIPs, E-BiDs have been issued before July 1, 2025, and bid opening has been carried out before August 04, 2025, shall have the selection of shortlist, contractor selection, contract signing and performance management continued to be carried out in accordance with the Bidding Law No. 22/2023/QH15, which was amended and supplemented by Law No. 57/2024/QH15, Decree No. 24/2024/ND-CP, amended and supplemented by Decree No. 17/2025/ND-CP, and detailing and guiding documents.

3. For bidding packages for which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, E-DIEIs, E-DIPs, E-BiDs have been issued from July 1, 2025 onwards and before the effective date of this Circular, the selection of shortlist, contractor selection, contract signing and performance management shall comply with the Bidding Law No. 22/2023/QH15, which was amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15 (hereinafter referred to as the 2025 Amended Bidding Law), Decree No. 24/2024/ND-CP (amended and supplemented by Decree No. 17/2025/ND-CP), and the detailing documents that are still consistent with the provisions of the 2025 Amended Bidding Law.

4. In case of changing the method of contractor selection from offline to online, the project owner is not required to approve the modification of the contractor selection plan. The project owner shall adjust the method of contractor selection on the System from offline to online. The modification process shall be carried out according to the Manual.

Article 35. Effect

1. This Circular takes effect on July 02, 2025, except for the case of online quotation for construction and installation bidding packages following the simplified process, which shall be implemented on the System from September 01, 2025.

2. Circular No. 22/2024/TT- BKHDT ceases to be effective on the effective date of this Circular.

3. In case the information in the contractor selection process needs to be kept confidential and cannot be made public on the System, project owners shall decide to post information during the contractor selection process.

4. For specific bidding packages, if the evaluation criteria for turnover and similar contracts of the E-DIP, E-DIEI and E-BiD forms issued together with this Circular are applied, there will be less than 3 contractors satisfying the requirements for average annual turnover or similar contracts, the project owners may modify these requirements according to the following principles:

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

b) When submitting the E-DIP, E-DIEI or E-BiD for approval, the expert group must clearly state the modification of the E-DIP, E-DIEI or E-BiD in the submission for the project owner for consideration;

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

5. From the effective date of this Circular, the preparation of bidding dossiers for offline contractor selection shall be carried out as follows:

a) For goods procurement, construction and installation, consultancy service provision, and non-consultancy service provision bidding packages applying international bidding, the project owner shall amend the bidding dossier forms issued under the Circulars guiding the implementation of the Decree on bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA), ensuring compliance with the Bidding Law and Decree No. 214/2025/ND-CP;

b) For goods procurement, construction and installation, consultancy service provision, non-consultancy service provision, and mixed bidding packages applying domestic bidding, the project owner shall amend the E-BiD forms issued together with this Circular, ensuring compliance with the Bidding Law, Decree No. 214/2025/ND-CP, and compliance with offline contractor selection method.

6. On an annual basis, the Ministry of Finance shall guide the provision and posting of bidding information on the System in conformity with the schedules of public holiday and lunar New Year festival as announced by the Ministry of Home Affairs.

7. The modification of forms under the webform on the System shall comply with provisions of Point dd Clause 1 Article 146 of Decree No. 214/2025/ND-CP.

8. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees of all levels, state economic groups and corporations, and related organizations and individuals that face difficulties during the course of implementation of this Circular shall send their opinions to the Ministry of Finance for timely guidance./.

* All Appendices are not translated herein.