Circular 05/2024/TT-BKHDT management of charges in the selection of contractors and investors on Vietnam National E-Procurement System

CIRCULAR

On management and use of charges in the selection of contractors and investors on Vietnam National E-Procurement System

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to 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;

Pursuant to the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024, detailing a number of articles of and measures to implement the Law on Bidding regarding contractor selection;

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

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

Pursuant to the Government’s Decree No. 120/2020/ND-CP dated October 07, 2020, on the establishment, reorganization and dissolution of public non-business units;

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the request of the Director of the Public Procurement Agency,

The Minister of Planning and Investment promulgates the Circular on management and use of charges in the selection of contractors and investors on Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details the management and use of charges in contractor and investor selection on Vietnam National E-Procurement System (hereinafter referred to as the System) in accordance with the Bidding Law and the Law on Investment in the Form of Public-Private Partnership.

Article 2. Subjects of application

1. Organizations and individuals participating in, using or related to bidding activities on the System.

2. Organizations and individuals involved in the management and operation of the System.

Chapter II

PRINCIPLES OF COLLECTION AND DISBURSEMENT, CHARGE RATES, ORGANIZATION OF COLLECTION AND PAYMENT OF CHARGES, MANAGEMENT AND USE OF REVENUES FROM CHARGES

Article 3. Principles of collection and payment of revenues from charges

1. The National E-Bidding Center and enterprises from e-GP projects are responsible for collecting, managing, and using the revenues following this Circular.

2. The revenue specified in Clause 1 of this Article shall be allocated for the following purpose:

a) Managing, maintaining, operating, and developing the System;

b) The frequent expenditure and investment expenditure of the National E-Bidding Center related to the organization, management, maintenance, operation and development of the System.

3. The National E-Bidding Center shall use the revenues specified in Clause 1 of this Article according to the financial autonomy mechanism applicable to public non-business units. Any surplus revenue over expenditure shall be accounted for into funds as per legal regulations.

‎‎Article 4. Charge rates

1. The charge for maintaining the name and capacity profile of contractors on the System shall comply with the provisions of Point a, Clause 11, Article 12 of Decree No. 24/2024/ND-CP dated February 27, 2024, of the Government, detailing a number of articles of and measures to implement the Bidding Law regarding contractor selection (hereinafter referred to as Decree No. 24/2024/ND-CP).

The charge for maintaining the name and capacity profile of investors on the System is VND 330,000 per year (including value added tax). Investors shall pay this charge from the second year onwards after registration on the System.

2. Charge for bid dossier submission on the System shall comply with the provisions of Point b, Clause 11, Article 12 of Decree No. 24/2024/ND-CP.

3. Charge for bid-winning contractors of bidding packages organized in the form of open bidding, restricted bidding, competitive offer, or online offer according to the standard e-procurement process shall comply with the provisions of Point c, Clause 11, Article 12 of Decree No. 24/2024/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 the provisions of Point d, Clause 11, Article 12 of Decree No. 24/2024/ND-CP.

Article 5. Organization of the charge collection

1. The National E-Bidding Center shall be responsible for collecting charges specified in Clauses 1 and 4, Article 4 of this Circular. The account used for collection  is the VND account of the National e-Procurement Center opened at a commercial bank.

2. The e-GP project enterprises shall collect the charges specified in Clauses 2 and 3, Article 4 of this Circular according to the BOT contract of e-GP Project Contract. The account used for collection is VND account of the e-GP project enterprise is the opened at a commercial bank.

‎‎Article 6. Organization of charge payment

1. For the charge of maintaining the name and capacity profile of contractors and investors on the System:

a) Charges shall be paid before April 1 of each year (except for the year of registration on the System); in case the account status of contractors and investors on the System is “suspended for the entire year” (from January 1 to the end of December 31 of that year), contractors and investors are not required to pay such charges. For 2024, the deadline for charge payment is before July 1, 2024;

b) In case the contractor or investor pays the charge for maintaining the name and capacity profile on the System for multiple years (up to 05 years), this charge shall be deducted respectively for each year; during such period, in case the account status of the contractor or investor on the System is “suspended for the entire year” (from January 1 to December 31 of the year of suspension), the remaining charge shall be reserved and automatically deducted for the following years after the account on the System of the contractor or investor is restored ;

c) In case the contractor is also an investor, it is only required to pay a charge to maintain the name and capacity profile on the System as a contractor.

2. For charges for bid dossier submission, the payment deadline is 14 days from the date of bid opening.

3. For the charges for winning contractors, the payment deadline is 30 days from the date of posting the contractor selection results on the System. In case of winning the bid but not signing the contract, the contractor is responsible for notifying the National E-Bidding Center and e-GP project enterprise within 30 days from the date of posting the contractor selection results on the System so that the e-GP project enterprise will refund this charge to the contractor.

‎‎Article 7. Management and use of revenues from charges for the National E-Bidding Center

1.  Spending contents:

a) Spending for fulfillment of obligations to the State Budget;

b) Spending for the management, supervision, operation and development of the System;

c) Spending for management and supervision of e-GP project enterprises;

d) Spending for guiding and training users of the System;

dd) Spending for international communication and cooperation on online bidding;

e) Spending for activities related to the receipt and processing of dossiers of request for participating in the System, technology application in bidding and database management;

g) Spending for investment and use of funds according to regulations on autonomy in public non-business units;

h) Other frequent expenditure and investment expenditure tasks serving the online bidding application.

2. The distribution of financial results and the setting aside of funds shall comply with the autonomy mechanism in accordance with the provisions of law.

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

a) The National E-Bidding 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 to this Circular and submit them to the Management Council of the National E-Bidding Center (hereinafter referred to as the Management Council) or synthesize them into the cost estimates of the Public Procurement Agency and submit them to the Ministry of Planning and Investment for approval (in case the Management Council has not been established);

b) In case of arising tasks, the Management Council or the Public Procurement Agency (in case the Management Council has not yet been established) may proactively adjust the revenues and expenditures in Appendix I to this Circular and take responsibility for the adjustment within the scope of the approved annual revenue and expenditure plan;

c) The National e-Bidding Center shall be responsible for making the account finalization of revenues and expenditures according to Appendix II to this Circular and making finalization into the operation funds of the Public Procurement Agency.

Chapter III

RESPONSIBILITIES OF THE PARTIES

‎‎Article 8. Responsibilities of the Management Council, Public Procurement Agency, National E-Bidding Center, e-GP project enterprises

1. Responsibilities of the Management Council:

To approve and adjust the annual revenue and expenditure plans of the National e-Bidding Center according to the provisions of Point a, Clause 3, Article 7 of this Circular.

2. Responsibilities of the Public Procurement Agency:

a) To summarize the annual revenue and expenditure plans of the National e-Bidding Center (in case the National e-Bidding Center has not yet established a Management Council) and submit them to the Ministry of Planning and Investment for approval in accordance with Point a, Clause 3, Article 7 of this Circular;

b) To make account finalization of revenues and expenditures of the National e-Bidding Center as prescribed at Point c, Clause 3, Article 7 of this Circular.

3. Responsibilities of the National e-Procurement Center:

a) To make public announcement of methods, objects, and rates of collection on the System;

b) To publicly notify on the System the information about the e-GP project enterprises, the time the e-GP project enterprises start collecting charges, and the phone number to receive the reported information;

c) To check and supervise the collection data for the e-GP project enterprise's revenue from charges on the System collection, ensuring proper collection as prescribed, promptly reporting of violations and proposal of solutions;

d) To organize the collection of charges in accordance with Clause 1, Article 5 of this Circular;

dd) To manage and use revenues from charges in accordance with Article 7 of this Circular.

4. Responsibilities of e-GP project enterprises:

a) To abide by charge collection regulations as prescribed by law;

b) To provide sufficient information, data on revenues at the request of the National e-Procurement Center.

Article 9. Responsibilities of contractors and investors

Contractors and investors are responsible for paying the charges specified in Article 6 of this Circular. At the end of deadline for charge payment, if the contractor or investor fails to pay the charges, its/his/her account status shall be changed to “suspended” and the contractor or investor is not allowed to conduct related transactions on the System until fulfilling the payment responsibility as prescribed.

Chapter IV

IMPLEMENTATION PROVISIONS

‎‎Article 10. Effect

1. This Circular takes effect from the date of signing.

2. Circular No. 06/2021/TT-BKHDT dated September 30, 2021, of the Minister of Planning and Investment, detailing the collection, remittance, management and use of charges related to registration and publication of information, selection of contractors and investors via the Vietnam National E-Procurement System and the Bidding Newspaper, ceases to be effective from the effective date of this Circular.

3. In the course of implementation, if there are problems related to charge collection as prescribed in this Circular, Ministries, Ministerial-level agencies, Government-attached agencies, People's Committees at all levels and relevant agencies and organizations shall report to the Ministry of Planning and Investment for timely consideration and guidance./.

The Minister

NGUYEN CHI DUNG

* All Appendices are not translated herein.