Circular 11/2019/TT-BKHDT posting of information on bidding, roadmap for online selection of contractors

CIRCULAR

Stipulating in detail the provision and posting of information on bidding, roadmap for organization of online selection of contractors, and management and use of unreturned bid security and contract performance security amounts^[1]

Pursuant to November 26, 2013 Bidding Law No. 43/2013/QH13;

Pursuant to November 29, 2005 Law No. 51/2005/QH11 on E-Transactions;

Pursuant to the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing a number of articles of the Bidding Law regarding selection of contractors;

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

Pursuant to the Government’s Decree No. 63/2018/ND-CP of May 4, 2018, providing investment in the form of public-private partnership (PPP);

Pursuant to the Government’s Decree No. 30/2015/ND-CP of March 17, 2015, detailing a number of articles of the Bidding Law regarding selection of investors;

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

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

The Minister of Planning and Investment promulgates the Circular stipulating in detail the provision and posting of information on bidding, roadmap for organization of online selection of contractors, and management and use of unreturned bid security and contract performance security amounts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides the provision and posting of information on bidding on the National E-Public Procurement System (below referred to as the System) and Dau thau (Bidding) newspaper in accordance with the Bidding Law; the roadmap for organization of online selection of contractors; and management and use of bid security and contract performance security amounts in case such amounts are not returned to contractors.

2. For bidding packages under projects funded with official development assistance (ODA) and concessional loans borrowed under treaties or international agreements between Vietnam and donors, it is encouraged to post information on bidding in the column “Other capital sources” in the System and Bidding newspaper.

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

Article 2. Subjects of application

1. Organizations and individuals involved in the provision and posting of information on bidding, selection of contractors via the cyberspace, and management and use of bid security and contract performance security amounts in case such amounts are not returned to contractors within the scope of regulation prescribed in Article 1 of this Circular.

2. Organizations and individuals conducting bidding activities beyond the scope of regulation of the Bidding Law that opt to provide and post information on bidding and selection of contractors via the cyberspace in the System. In this case, information on bidding shall be posted in the column “Other capital sources” in the System.

Article 3. Interpretation of terms

1. National E-Public Procurement System is mentioned in Clause 26, Article 4 of the Bidding Law, accessible at the http://muasamcong.mpi.gov.vn.

2. Vietnam National E-Procurement Center (below referred to as the Center) under the Ministry of Planning and Investment’s Public Procurement Agency is an organization that operates the System under Article 85 of the Bidding Law, provides the service of certifying digital signatures for use in the System, runs a helpline to reply to users’ inquiries and provide them with instructions in the process of registering for participation in the System, provides and posts information on bidding, and conducts online selection of contractors.

3. E-documents successfully dispatched, received and stored in the System include:

a/ Information on projects;

b/ Contractor selection plans, investor selection plans;

c/ Information on PPP projects, lists of land-using investment projects;

d/ Notices of invitation for expression of interest, notices of invitation for pre-qualification, bid solicitation notices, notices of invitation for offers;

dd/ Shortlists;

e/ Dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding dossiers, dossiers of requirements, and price quotation requests;

g/ Dossiers of expression of interest, dossiers of participation in pre-qualification, bids, dossiers of proposals, and price quotations;

h/ Records of bid opening, records of opening of dossiers of technical proposals, records of opening of dossiers of financial proposals (for cases of selection of contractors via the cyberspace);

i/ Bid evaluation reports; reports on evaluation of dossiers of proposals, reports on evaluation of price quotations (for cases of selection of contractors via the cyberspace);

k/ Contractor selection results, investor selection results;

l/ Information arising in the process of selection of contractor via the cyberspace, including: information clarifying bidding dossiers, dossiers of requirements, bids, dossiers of proposals, and other e-documents exchanged between bid solicitors and contractors in the System.

4. Digital certificates used in the System are digital certificates granted by the Center.

5. Transaction history is a memo of information on dispatch and receipt of transaction data in the System.

6. Manual is an e-document posted in the System to guide users to conduct transactions in the System.

7. Invalid information means information posted in the System by the subjects prescribed in Article 2 of this Circular at their own will not under relevant bidding regulations.

Article 4. Dispatch and receipt of e-documents in the System

1. E-documents prescribed in Clause 3, Article 3 of this Circular shall be recognized as legally valid for use as a basis for collation, comparison and certification of information serving evaluation, appraisal and supervision work under Clause 5, Article 85 of Decree No. 63/2014/ND-CP. In case e-documents are created by bid solicitors, contractors and investors in electronic form in the System rather than from paper documents, such e-documents shall be as valid as originals.

2. The time of dispatch and receipt of an e-document shall be determined based on the real time recorded in the System. Successfully dispatched e-documents shall be stored in the System and may not be modified by any organizations and individuals, except the cases prescribed in Article 15 of this Circular.

3. When a user dispatches an e-document in the System, the System shall send delivery success/failure feedback to the user.

4. Bid solicitors, contractors and investors that have successfully registered to the System may trace their transaction history, covering information on time of dispatch and receipt, dispatchers and recipients, status of delivery of e-documents (success or failure) and other information in the System. Information on transaction history shall be used to settle disputes (if any) on the dispatch and receipt of e-documents in the System.

5. Organizations and individuals engaged in evaluation, appraisal and supervision work may not request provision of paper documents if they can refer and trace corresponding e-documents in the System, unless it is necessary to examine and certify original documents (such as letters of guarantee, similar contracts, financial statements, seller’s permits or other documents of equivalent validity, and other necessary documents).

Article 5. Conditions on information technology infrastructure

In order to participate in and conduct transactions in the System, bid solicitors, contractors and investors must meet the requirements on information technology infrastructure prescribed in Clause 1, Article 79 and Clause 1, Article 80 of the Bidding Law and instructed in detail in the Manual.

Article 6. Registration for participation in the System and process of processing registration dossiers

1. For bid solicitors:

a/ Registration process:

The registration process for bid solicitors is instructed in detail in the Manual.

b/ A registration dossier must comprise:

- A written registration of bid solicitor status (created by the System when the concerned bid solicitor provides information under Point a of this Clause);

- A copy of the concerned bid solicitor’s establishment decision or enterprise registration certificate or another equivalent document (if any).

c/ Submission of registration dossiers:

Bid solicitors shall send registration dossiers by post or submit them directly to the Center or dispatch them via the System. In case of dispatching registration dossiers in the System, bid solicitors shall follow instructions in the Manual.

d/ Processing of registration dossiers:

Within 2 working days after receiving a registration dossier from a bid solicitor, the Center shall consider and approve the dossier and notify dossier processing results to the bid solicitor. If the dossier is valid, the bid solicitor shall get the approval for registration to the System. If the dossier is yet valid, the Center shall notify the reason and guide the bid solicitor to supplement or modify the dossier as appropriate. The notification of dossier processing results to bid solicitors shall be conducted in the System, via email, mobile apps or other communications channels and are instructed in detail in the Manual.

dd/ Information already registered in the System shall be modified as instructed in the Manual. In case of failure to modify information already registered in the System by itself/himself/herself, a bid solicitor shall send a written request for modification of information and relevant documents to the Center. The Center shall consider and process the request within 2 working days after receiving it.

2. For contractors and investors:

a/ Registration process:

The registration process for contractors and investors is instructed in detail in the Manual.

b/ A registration dossier must comprise:

- A written registration of contractor or investor status (created by the System when the concerned contractor or investor provides information under Point a of this Clause);

- A copy of the concerned contractor’s or investor’s establishment decision or enterprise registration certificate or business household registration certificate (for business households) or another equivalent document;

- A copy of the people’s identity card, citizen identity card or passport of a lawful representative (the at-law representative or an authorized person) of the concerned contractor or investor. In case of authorization, a letter of authorization of the at-law representative of the contractor or investor is required.

In case the contractor or investor has made registration to and its/his/her information is available on the National Business Registration Portal at http://dangkykinhdoanh.gov.vn, it/he/she is not required to submit the above-mentioned documents, except the written registration of contractor or investor status.

c/ Submission of registration dossiers:

Contractors and investors may send registration dossiers by post or submit them directly to the Center or dispatch them in the System. In case of dispatching registration dossiers in the System, contractors and investors shall follow the instructions in the Manual.

d/ Processing of registration dossiers:

Within 2 working days after receiving a registration dossier, the Center shall consider and approve the dossier and notify dossier processing results to the concerned contractor or investor. If the dossier is valid, the contractor or investor shall get the approval for registration to the System. If the dossier is yet valid, the Center shall notify the reason and guide the contractor or investor to supplement or modify the dossier as appropriate. The notification of dossier processing results to contractors and investors shall be conducted in the System, via email, mobile apps or other communications channels and are instructed in detail in the Manual.

dd/ Information already registered in the System shall be modified as instructed in the Manual. In case of failure to modify information already registered in the System by itself/himself/herself, a contractor or an investor shall send a written request for modification of information and relevant documents to the Center. The Center shall consider and process the request within 2 working days after receiving it.

e/ Termination of or suspension from participation in the System:

If wishing to terminate or suspend its participation in the System, a contractor or an investor shall send a request to the Center. Within 2 working days after receiving the request, the Center shall process it and announce in the System the contractor’s or investor’s termination of or suspension from participation in the System. Since the time the System displays such announcement, the contractor or investor becomes unqualified as prescribed at Point d, Clause 1, Article 5 of the Bidding Law and may not conduct relevant transactions in the System.

g/ Resumption of participation in the System:

If wishing to resume its participation in the System after having terminated or suspended it under Point e of this Clause, a contractor or an investor shall send a request to the System. The Center shall consider and process the request within 2 working days after receiving it. The contractor or investor may resume its participation in the System only after having fully paid the charges prescribed in Clause 3, Article 24 of this Circular.

Article 7. Digital certificates

1. Digital certificates shall be granted to bid solicitors, contractors and investors after they register for participation in the System under Article 6 of this Circular.

2. Cancellation of digital certificates:

Bid solicitors, contractors and investors may cancel their digital certificates by themselves as instructed in the Manual. In case of failure to cancel its digital certificate by itself, a bid solicitor or contractor or an investor shall send a written request to the Center for cancellation of its digital certificate.

3. Alteration of digital certificate-storing devices:

Bid solicitors, contractors and investors may copy their digital certificates and store them on hard disks, USB, smart cards and other information storage media.

4. Change of passwords of digital certificates:

Bid solicitors, contractors and investors shall change passwords of their digital certificates as instructed in the Manual.

5. Registration of additional digital certificates:

a/ A bid solicitor or contractor or an investor that has registered for participation in the System under Article 6 of this Circular may register additional digital certificates for participation in the System;

b/ The registration of additional digital certificates prescribed at Point a of this Clause does not apply to the case prescribed at Point e, Clause 2, Article 6 of this Circular.

6. Bid solicitors, contractors and investors shall manage and store their digital certificates and bear all consequences resulting from loss, damage, change or forgetting of passwords, and copying and storage of digital certificates.

7. The cancellation of digital certificates, alteration of digital certificate-storing devices, change of passwords of digital certificates and registration of additional digital certificates prescribed in Clauses 2, 3, 4 and 5 of this Article must comply with the instructions in the Manual.

Chapter II

POSTING AND PROVISION OF INFORMATION ON BIDDING

Section 1

INFORMATION AND PROCESS OF POSTING INFORMATION IN THE SYSTEM

Article 8. Information on capacity and experience of contractors and investors

1. Information on capacity and experience of contractors and investors provided in the System under Point dd, Clause 1, Article 7 of Decree No. 63/2014/ND-CP and Point e, Clause 1, Article 4 of Decree No. 30/2015/ND-CP includes:

a/ General information on contractors and investors;

b/ Figures on annual financial statements;

c/ Information on contracts already performed;

d/ Information on key personnel under the management of contractors and investors;

dd/ Information on machinery and equipment under the ownership of contractors and investors.

2. Contractors and investors shall proactively update information on their capacity and experience upon occurrence of any changes thereof and take responsibility before law for the accuracy of information declared in the System. If wishing to edit declared information, contractors and investors shall themselves edit information in the System by using their digital certificates. The System shall save all information before and after contractors and investors make the edits.

3. Contractors and investors 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 89 of the Bidding Law.

Article 9. Information on projects and contractor/investor selection plans

1. Time of information posting:

Information on contractor/investor selection plans shall be posted in the System within 7 working days after they are approved. Basic information on projects shall be posted together with contractor selection plans.

2. Attached documents:

When posting contractor/investor selection plans, bid solicitors shall attach decisions approving such plans. In case cost estimates of a bidding package are approved after its contractor/investor selection plan is posted, the concerned bid solicitor shall update cost estimates and attach the cost estimate-approving decision in the System:

a/ When posting a bid solicitation notice in the System, if cost estimates of the bidding package are approved before the bid solicitation notice is posted; or,

b/ When posting contractor selection results in the System, if cost estimates of the bidding package are approved after the bid solicitation notice is posted.

Article 10. Notices of invitation for expression of interest, notice of invitation for pre-qualification

1. Time of notice posting:

Bid solicitors shall post notices of invitation for expression of interest and/or notices of invitation for pre-qualification in the System according to the schedule of organizing the selection of contractors/investors and in conformity with the time of organizing the selection of contractors/investors stated in approved contractor/investor selection plans.

2. In case of selection of contractors, when posting a notice of invitation for expression of interest or notice of invitation for pre-qualification, a bid solicitor shall attach:

a/ The decision approving the dossier of invitation for expression of interest or dossier of invitation for pre-qualification; and,

b/ The approved dossier of invitation for expression of interest or dossier of invitation for pre-qualification.

Article 11. Distribution, modification and clarification of dossiers of invitation for expression of interest and dossiers of invitation for pre-qualification   

1. Distribution of dossiers of invitation for expression of interest and dossiers of invitation for pre-qualification:

Dossiers of invitation for expression of interest and dossiers of invitation for pre-qualification shall be distributed free of charge in the System right after notices of invitation for expression of interest or notices of invitation for pre-qualification are successfully posted.

2. Modification of dossiers of invitation for expression of interest and dossiers of invitation for pre-qualification:

In case of modifying its dossier of invitation for expression of interest or dossier of invitation for pre-qualification after it is distributed, a bid solicitor shall post relevant documents in the System by either of the following ways:

a/ Posting the decision on modification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, enclosed with the modified contents; or,

b/ Posting the decision on modification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, enclosed with the modified dossier of invitation for expression of interest or dossier of invitation for pre-qualification which must clearly show modified contents.

3. Clarification of dossiers of invitation for expression of interest and dossiers of invitation for pre-qualification:

a/ If wishing to clarify a dossier of invitation for expression of interest or dossier of invitation for pre-qualification, a contractor shall send a request for clarification to the concerned bid solicitor in paper form or via the System at least 3 working days before the bid-closing day;

b/ The bid solicitor shall receive information on to-be-clarified contents and consider and give clarifications as requested by the contractor and post the document clarifying the dossier of invitation for expression of interest or dossier of invitation for pre-qualification in the System at least 2 working day before the bid-closing day;

c/ The document clarifying the dossier of invitation for expression of interest or dossier of invitation for pre-qualification must not be contrary to the approved dossier of invitation for expression of interest or dossier of invitation for pre-qualification. In case the clarification of the dossier of invitation for expression of interest or dossier of invitation for pre-qualification gives rise to the need to modify the dossier of invitation for expression of interest or dossier of invitation for pre-qualification, the modification of the dossier must comply with Clause 2 of this Article and must adhere to the timetable prescribed at Point m, Clause 1, Article 12 of the Bidding Law.

Article 12. Shortlists

1. Time of shortlist posting:

A bid solicitor shall post a shortlist in the System within 7 working days after such list is approved.

2. Attached documents:

When posting a shortlist, a bid solicitor shall attach the decision approving the shortlist.

Article 13. Bid solicitation notices, notices of invitation for offers

1. Time of notice posting:

Bid solicitors shall post bid solicitation notices or notices of invitation for offers in the System according to the schedule of organizing the selection of contractors/investors and in conformity with the time of organizing the selection of contractors/investors stated in approved contractor/investor selection plans.

2. In case of selection of contractors, when posting a bid solicitation notice or notice of invitation for offers, a bid solicitor shall attach:

a/ The decision approving the bidding dossier, dossier of requirements or price quotation request; and,

b/ The approved bidding dossier or dossier of requirements or price quotation request.

Article 14. Distribution, modification and clarification of bidding dossiers and dossiers of requirements   

1. Distribution of bidding dossiers and dossiers of requirements:

a/ Bidding dossiers and dossiers of requirements shall be distributed in the System right after bid solicitation notices and notices of invitation for offers are successfully posted;

b/ In cases other than e-bidding, if bidding dossiers and dossiers of requirements are sold under Clause 1, Article 9 of Decree No. 63/2014/ND-CP, contractors shall pay bid solicitors a money amount equaling the sale price of a bidding dossier or dossier of requirements before their bids or dossiers of proposals are received. If bidding dossiers and dossiers of requirements are distributed free of charge, contractors are not required to pay this amount.

2. Modification of bidding dossiers and dossiers of requirements:

In case of modifying a bidding dossier or dossier of requirements after it is distributed, a bid solicitor shall post relevant documents in the System by either of the following methods:

a/ Posting the decision on modification of the bidding dossier or dossier of requirements, enclosed with the modified contents;

b/  Posting the decision on modification of the bidding dossier or dossier of requirements, enclosed with the modified bidding dossier or dossier of requirements which must clearly show modified contents.

3. Clarification of bidding dossiers and dossiers of requirements

a/ If wishing to clarify a bidding dossier or dossier of requirements, a contractor shall send a request for clarification in paper form or via the System to the concerned bid solicitor at least 3 working days (for domestic bidding) or 5 working days (for international bidding) before the bid-closing day for consideration and settlement;

b/ The bid solicitor shall receive information on to-be-clarified contents and consider and give clarifications as requested by the contractor and post the document clarifying the bidding dossier or dossier of requirements at least 2 working day before the bid-closing day;

c/ The document clarifying the bidding dossier or dossier of requirements must not be contrary to the approved bidding dossier or dossier of requirements. In case the clarification of the bidding dossier or dossier of requirements gives rise to the need to modify the bidding dossier or dossier of requirements, the modification of the dossier must comply with Clause 2 of this Article and must adhere to the timetable prescribed at Point m, Clause 1, Article 12 of the Bidding Law and Point c, Clause 2, Article 64 of Decree No. 63/2014/ND-CP; for cases of e-bidding, the modification must be carried out at least 3 working days before the bid-closing time.

When necessary, a bid solicitor may hold a pre-bidding meeting to exchange information about the bidding dossier’s contents which remain unclear to contractors. The bid solicitor shall post a letter of invitation to the pre-bidding meeting in the System. Contents exchanged between the bid solicitor and contractors must be recorded by the bid solicitor and posted in the System.

Article 15. Cancellation, extension and modification of posted information

1. The cancellation, extension and modification of posted information by bid solicitors must comply with the instructions in the Manual.

2. In case of failure to cancel, extend or modify posted information by itself/himself/herself, a bid solicitor shall send a written request to the Center. The Center shall consider and settle the request within 2 working days after receiving it.

Article 16. Opening of bids in case of e-bidding

Bid solicitors shall open bids and publicize records of bid opening in the System within 2 hours after the bid-closing time. In case there is no contractor submitting dossiers by the bid-closing time, bid solicitors may extend the bid-closing time or reorganize bidding. The extension of the bid-closing time must comply with the instructions in the Manual.

Article 17. Contractor/investor selection results

1. Time of result posting:

Bid solicitors shall post the contractor/investor selection result in the System within 7 working days after the date contractor/investor selection results are approved.

2. Attached documents include:

a/ The decision approving contractor/investor selection results; and,

b/ The report on evaluation of bids/dossiers of proposals, for cases of e-bidding.

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

Article 18. List of land-using projects and information on PPP and socialization projects

1. The list of land-using projects and information on PPP investment projects shall be posted in the System within 7 working days after the issuance of such documents.

2. Information on socialization projects selected to apply the Bidding Law shall be posted in the System within 7 working days after such projects are approved.

Article 19. Process for posting information in the System

1. The process of posting information specified in Articles 8 thru 18 of this Circular must follow the Manual.

2. After information specified in Articles 9 thru 17 of this Circular is posted , the System  shall give a feedback to the sender indicating success or failure of the posting via his/her email, on mobile apps or other information channels.

Section 2

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PROVIDING OR POSTING INFORMATION

Article 20. Responsibilities of bid solicitors

1. To comply with Article 79 of the Bidding Law upon the participation in the System.

2. To organize online selection of contractors according to the roadmap specified in Clause 1, Article 29 of this Circular.

3. To provide and post bidding information in the System and bear responsibility as prescribed at Point i, Clause 2, Article 75, and Article 79 of the Bidding Law, Article 7 of Decree No. 63/2014/ND-CP, and Article 4 of Decree No. 30/2015/ND-CP.

4. To provide information on foreign contractors and investors winning bid in Vietnam, made according to Form No. 2 provided in Appendix I to this Circular. Information shall be sent to the Public Procurement Agency of the Ministry of Planning and Investment within 7 working days after the contractor or investor selection result is approved under Point c, Clause 1, Article 128 of Decree No. 63/2014/ND-CP.

5. For bidding packages requiring international bidding, to post information specified in Articles 10 and 13 of this Circular in Vietnamese and English. In addition to posting information in the System and the Bidding newspaper, it is encouraged to post notices of invitation for international expression of interest, notices of invitation to international prequalification and notices of invitation for international bids on a popular English-language website or newspaper in Vietnam.

6. To be held responsible for authenticity of documents posted in the System compared to relevant approved documents. In case there are differences between documents posted in the System and approved documents, documents posted in the System shall serve as legal grounds for implementation.

7. To pay charges for posting bidding information in the System and Bidding newspaper under Clause 1, Article 24 of this Circular.

8. To monitor and update information posted in the System and feedback of the System.

9. In case a bid solicitor fails to post bidding information as prescribed, it shall be handled under Point d, Clause 3, Article 20 and Article 21 of the Government’s Decree No. 50/2016/ND-CP of June 1, 2016, on sanctioning of administrative violations in the field of planning and investment.

Article 21. Responsibilities of contractors and investors

1. To register for participation in the System and get approval under Clause 2, Article 6 of this Circular before being considered and approved as bid winners to ensure their eligibility status in accordance with Point d, Clause 1, Article 5 of the Bidding Law. During the process of evaluation of bid dossiers, if a bid solicitor finds that a contractor or investor has not registered for participation in the System, they shall request the latter to complete the registration as prescribed in Clause 2, Article 6 of this Circular.

2. To provide and post bidding information in the System under Article 80 of the Bidding Law, Article 7 of Decree No. 63/2014/ND-CP, and Article 4 of Decree No. 30/2015/ND-CP.

3. To pay expenses for online selection of contractors under Clause 2, Article 24 of this Circular. For bidding packages organizing bidding via the cyberspace. In case  a contractor or an investor has already been listed in the System but not yet paid expenses as prescribed in Clause 2, Article 24 of this Circular, the Center shall send an email requesting the payment. Within 15 days after receiving the email from the Center, if the contractor or investor still fails to make payment, the System shall display a notice of the contractor’s or investor’s suspension from participation in the System. In this case, the contractor or investor shall be regarded as failing to secure eligibility status as prescribed at Point d, Clause 1, Article 5 of the Bidding Law, Section 5, Chapter I on model bidding documents promulgated together with Circular No. 04/2017/TT-BKHDT, concurrently they may not conduct related transactions in the System.

Article 22. Responsibilities of the Center and Bidding newspaper

1. The Center shall:

a/ Discharge the responsibilities specified in Article 85 of the Bidding Law;

b/ Build, operate and maintain the System so as to ensure its uninterrupted, safe, confidential and stable operation;

c/ Formulate the Manual, support bid solicitors, contractors and investors in the registration and grant of digital certificates of participation in the System and online selection of contractors. Provide services to disseminate, train and guide bid solicitors, contractors and investors in providing and posting bidding information in the System and provide other services related to bidding information and online selection of contractors.

2. The Bidding newspaper shall:

a/ Review to find invalid information specified in Clause 7, Article 3 of this Circular and notify it to bid solicitors within 1 working day after such information is posted by the latter in the System. Such notification shall be made in the System, by email, via mobile apps or other information channels for bid solicitors to modify or complete information for re-posting in the System.

b/ Extract information specified in Articles 10, 12, 13 and 15 of this Circular for posting in 1 issue of the newspaper within 2 working days after bid solicitors post information in the System under Clause 3, Article 8 of Decree No. 63/2014/ND-CP and Clause 3, Article 5 of Decree No. 30/2015/ND-CP.

3. In case the Bidding newspaper commits errors in posting bidding information such as delaying the posting, posting inaccurate information or intentionally refraining from posting information, causing harms to bid solicitors, contractors or investors, it shall make and publicly post corrections in accordance with the law on press. In addition, related organizations and staff members of the Bidding newspaper shall, depending on severity of their errors, be handled in accordance with the law on cadres, civil servants and public employees, labor law and other relevant laws.

Chapter III

REVENUES FROM, AND MANAGEMENT AND USE OF, CHARGES FOR POSTING BIDDING INFORMATION AND ONLINE SELECTION OF CONTRACTORS

Section 1

PRINCIPLES OF COLLECTION AND SPENDING AND REVENUE SOURCES

Article 23. Collection and spending principles

1. The Center and Bidding newspaper shall collect, manage and use charges for posting bidding information and online selection of contractors under this Circular so as to ensure the operation of the System and Bidding newspaper under regulations.

2. Revenues from collection of charges for posting bidding information and online selection of contractors must be sufficient to cover rational expenses for performing the following tasks of:

a/ Posting bidding information in the System and Bidding newspaper;

b/ Selecting contractors via the cyberspace.

3. State budget funds must not be used for the tasks specified in Clause 2 of this Article.

Article 24. Types and rates of charges

1. Charges for posting bidding information:

a/ Charge for posting notices of invitation for expression of interest or notices of invitation to prequalification shall be VND 330,000/bidding package/language (inclusive of value-added tax);

b/ Charge for posting notices of invitation for offers shall be VND 165,000/bidding package/language (inclusive of value-added tax);

c/ Charge for posting notices of invitation for bids shall be VND 330,000/bidding package/language (inclusive of value-added tax);

d/ Charge for posting shortlists shall be VND 165,000/bidding package/language (inclusive of value-added tax);

2. Charges for online selection of contractors:

a/ Charge for registration for participating in the System shall be VND 550,000 (inclusive of value-added tax). Such charge includes charge for maintaining names and dossiers of capability of contractors and investors in the System until the end of the year of registration;

b/ Charge for maintaining names and dossiers of capability of contractors and investors in the System shall be VND 550,000/year (inclusive of value-added tax);

c/ Charge for submission of bid dossiers shall be VND 330,000/bidding package (inclusive of value-added tax);

d/ Charge for submission of dossiers of proposals shall be VND 220,000/bidding package (inclusive of value-added tax).

3. In case contractors or investors wish to resume their operation in the System as specified at Point g, Clause 2, Article 6 of this Circular, they shall pay all their debts (if any) under Clause 2 of this Article counting from the time debts arise until the time of sending a written request for termination or suspension of participation in the System.

Article 25. Charge collection and payment

1. For charges for posting bidding information:

a/ The Bidding newspaper shall collect charges for posting bidding information as specified in Clause 1, Article 24 of this Circular. The account used for collecting such charges is the Bidding newspaper’s Vietnam-dong bank account. Part of revenues from charges for posting bidding information shall be transferred by the Bidding newspaper to the Center under the decision of the Minister of Planning and Investment to cover expenses for upgrading and operation of the System so as to ensure its uninterrupted and stable operation for posting bidding information while the remainder shall be used for posting of bidding information on the Bidding newspaper.

b/ Bid solicitors shall pay charges for posting bidding information as specified in Clause 1, Article 24 of this Circular within 2 working days after posting information in the System.

2. For charges for online selection of contractors

a/ The Center shall collect charges from online selection of contractors as specified in Clause 2, Article 24 of this Circular. The account used for collecting such charges is the Center’s Vietnam-dong bank account.

b/ Contractors shall pay charges for online selection of contractors under Clause 2, Article 24 of this Circular as follows:

- Charges for registration for participating in the System shall be paid right at the time of registering for participation in the System;

- The time limit for payment of charges for maintaining names and dossiers of capability of contractors and investors in the System shall be the first quarter every year, except the year of registration;

- The time limit for payment of charges for submission of bid dossiers and dossiers of proposals shall be 2 working days after the date of bid opening.

Section 2

MANAGEMENT AND USE OF, REVENUES FROM CHARGES FOR POSTING BIDDING INFORMATION AND ONLINE SELECTION OF CONTRACTORS

Article 26. Expenditure items using proceeds from collection of charges for posting bidding information and online selection of contractors

1. Payment of obligations toward the state budget.

2. Payment of expenses for posting bidding information on the Bidding newspaper, including:

a/ Expenses for printing newspapers;

b/ Expenses for transporting and distributing newspapers nationwide;

c/ Expenses for persons directly involve in posting bidding information including salaries, allowances and other lawful expenses for workers prescribed by law;

d/ Expenses for stationery, office supplies, communication, electricity, water, application of information technology and hiring services to serve the posting of bidding information;

dd/ Expenses for procurement, regular maintenance and repair, overhaul, warranty, maintenance and upgrade of machinery and equipment to serve the posting of bidding information;

e/ Expenses for organization and management of the posting and distribution of bidding information;

g/ Other expenses directly related to the posting of bidding information.

3. Expenses for posting bidding information in the System.

4. Expenses for online selection of contractors, including:

a/ Expenses for management, operation and development of the System;

b/ Expenses for provision of guidance and support to users of the System;

c/ Expenses for communication and international cooperation in online bidding;

d/ Expenses directly related to the receipt and processing of dossiers of registration for participation in the System and application of information technology in database management;

dd/ Other expenses directly related to the posting of bidding information and online selection of contractors.

5. The distribution of financial results shall be carried out under the autonomy mechanism in accordance with law.

Article 27. Formulation and approval of revenue and expenditure plans

1. Formulation and approval of revenue and expenditure plans

a/ Annually, the Center and the Bidding newspaper shall formulate a plan on revenues and expenditures related to the posting of bidding information and online selection of contractors according to the contents prescribed in Appendix II to this Circular, and include such plan to the cost estimates of the Public Procurement Agency for submission to the Ministry of Planning and Investment for approval;

b/ The formulation of plans on expenditures related to the posting of bidding information and online selection of contractors must conform with current financial standards, norms and regimes.

2. Adjustment of plans

If new tasks arise, the Public Procurement Agency may proactively adjust the expenditure items prescribed in Part B of Appendix II to this Circular and shall take responsibility for the adjustment within the scope of its approved annual plan. The adjustment may be effected only in the last quarter of a planning year. 

3. Settlement of revenues and expenditures

Annually, the Center and Bidding newspaper shall settle revenues and expenditures according to Appendix III to this Circular and include them in the settlement of the Public Procurement Agency’s operating expenses for submission to the Ministry of Planning and Investment for approval.

Chapter IV

PROCEEDS FROM UNRETURNED BID SECURITY AND CONTRACT PERFORMANCE SECURITY

Article 28. Proceeds from unreturned bid security and contract performance security

In case contractors and investors commit violations of the bidding law and consequently are not entitled to refund of bid security or contract performance security prescribed in Clause 8, Article 11 and Clause 5, Article 66 of the Bidding Law, unreturned bid security and contract performance security amounts shall be used as follows:

1. For projects or bidding packages funded with the state budget, such amounts shall be remitted into the state budget in accordance with the law on the state budget.

2. For projects or bidding packages not funded with the state budget, such amounts shall be used under project owners’ financial regulations.

3. For bid solicitors that are hired consultancy units, such amounts shall be transferred to project owners who will use them under Clauses 1 and 2 of this Article.

Chapter V

ROADMAP FOR APPLICATION OF ONLINE SELECTION OF CONTRACTORS

Article 29. Roadmap for application of online selection of contractors

Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, state economic groups and corporations, political organizations, socio-political organizations, socio-political professional organizations, socio-professional organizations, social organizations, people’s armed forces units, and public non-business units shall direct project owners and bid solicitors under their management to organize online selection of contractors according to the following roadmap:

1. In 2020:

a/ To organize online selection of contractors for all (100%) bidding packages for procurement of goods, non-consultancy services and consultancy services with a price not exceeding VND 5 billion and construction and installation bidding packages with a price not exceeding VND 10 billion subject to open bidding or competitive offer, except bidding packages for which online selection of contractors cannot be organized or those with special characteristics.

b/ The number of bidding packages for which online selection of contractors is organized in the year must account for at least 60% of bidding packages subject to open bidding and competitive offer and 25% of the total value of bidding packages subject to open bidding and competitive offer.

2. In 2021:

a/ To organize online selection of contractors for all (100%) bidding packages for procurement of goods, non-consultancy services and consultancy services with a price not exceeding VND 10 billion and construction and installation bidding packages with a price not exceeding VND 20 billion subject to open bidding or competitive offer, except bidding packages for which online selection of contractors cannot be organized or those of special nature.

b/  The number of bidding packages for which online selection of contractors is organized in the year must account for at least 70% of bidding packages subject to open bidding and competitive offer and 35% of total value of bidding packages subject to open bidding and competitive offer.

3. From 2022 to 2025:

a/ To organize online selection of contractors for at least 70% of bidding packages falling under the scope of regulation of the Bidding Law;

b/ To organize online selection of contractors for all (100%) state budget-funded bidding packages for procurement of goods serving regular operation of state agencies, political organizations, socio-political organizations, socio-political professional organizations, socio-professional organizations, social organizations, people’s armed forces units, and public non-business units;

c/ To organize online selection of contractors for all (100%) centralized procurement bidding packages.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 30. Guidance for implementation

The Ministry of Planning and Investment shall guide the provision and posting of bidding information in the System and Bidding newspaper during public holidays and lunar New Year festivals every year in conformity with the schedules of public holiday and lunar New Year festival announced by the Ministry of Labor, Invalids and Social Affairs.

Article 31. Effect

1. This Circular takes effect on February 1, 2020.

2. On the effective date of this Circular, the Ministry of Planning and Investment and Ministry of Finance’s Joint Circular No. 07/2015/TTLT-BKHDT-BTC of September 8, 2015, detailing the provision and posting of bidding information and online selection of contractors cease to be effective.

3. If meeting with any problems in the course of implementation, 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 shall send their written opinions to the Ministry of Planning and Investment for timely consideration and adjustment.-

For the Minister of Planning and Investment
NGUYEN CHI DUNG

* The appendices to this Circular are not translated.