Circular 16/2022/TT-BKHDT cease the effect of Circular 08/2022/TT-BKHDT and Circular 10/2022/TT-BKHDT investor selection on Vietnam national e-procurement system

CIRCULAR

On ceasing the effect of the Minister of Planning and Investment’s Circular No. 08/2022/TT-BKHDT dated May 31, 2022, stipulating in detail the provision and posting of information on bidding, and selection of contractors via the national e-public procurement system and the Minister of Planning and Investment’s Circular No. 10/2022/TT-BKHDT dated June 15, 2022, providing in detail the provision and publication of information and selection of investors on the Vietnam national e-procurement system

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Pursuant to the Law on Bidding dated November 26, 2013;

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

Pursuant to the Law on E-transactions dated November 29, 2005;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

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

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. 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. 86/2017/ND-CP dated July 25, 2017, on 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 ceasing the effect of the Minister of Planning and Investment’s Circular No. 08/2022/TT-BKHDT dated May 31, 2022, stipulating in detail the provision and posting of information on bidding, and selection of contractors via the National E-Public Procurement system and the Minister of Planning and Investment’s Circular No. 10/2022/TT-BKHDT dated June 15, 2022, providing in detail the provision and publication of information and selection of investors on the Vietnam National E-Procurement System.

Article 1. Ceasing the effect

The Minister of Planning and Investment’s Circular No. 08/2022/TT-BKHDT dated May 31, 2022, stipulating in detail the provision and posting of information on bidding, and selection of contractors via the National E-Public Procurement system, such Circular shall be:

a) Ceased the effect from August 01, 2022, to September 15, 2022, except for the provisions on the roadmap for application of e-procurement for bidding packages for procurement of goods divided into several parts specified in Clause 1, Article 37.

b) Ceased the effect of the provisions on the roadmap for application of e-procurement for bidding packages for procurement of goods divided into several parts specified in Clause 1, Article 37 from August 01, 2022, to January 01, 2023.

2. To ceased the effect of the Minister of Planning and Investment’s Circular No. 10/2022/TT-BKHDT dated June 15, 2022, providing in detail the provision and publication of information and selection of investors on the Vietnam National E-Procurement System, from August 01, 2022, to September 15, 2022.

Article 2. Transitional provisions

1. During the cessation of effect of Circular No. 08/2022/TT-BKHDT and Circular No. 10/2022/TT-BKHDT, the following legal documents and provisions shall remain effective:

a) The Minister of Planning and Investment's Circular No. 01/2015/TT-BKHDT dated February 14, 2015, detailing the making of dossiers of invitation for expression of interest, bidding dossiers and dossiers of request for consulting services.

b) The Minister of Planning and Investment's Circular No. 03/2015/TT-BKHDT dated May 06, 2015, detailing the making of bidding dossiers for construction and installation.

c) The Minister of Planning and Investment's Circular No. 05/2015/TT-BKHDT dated June 16, 2015, detailing the making of bidding dossiers for procurement of goods.

d) The Minister of Planning and Investment's Circular No. 14/2016/TT-BKHDT dated September 29, 2016, detailing the making of bidding dossiers for non-consulting services.

dd) The Minister of Planning and Investment’s Circular No. 04/2017/TT-BKHDT dated November 15, 2017, on prescribing in detail the contractor selection via the National E-Public Procurement system.

e) The Minister of Planning and Investment's Circular No. 05/2018/TT-BKHDT dated December 10, 2018, providing detailed regulations on making of e-bid dossier evaluation reports for bidding packages for which contractors are selected in the e-public procurement system.

g) The Minister of Planning and Investment's Circular No. 11/2019/TT-BKHDT dated December 16, 2019, on 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.

h) The Minister of Planning and Investment's Circular No. 05/2020/TT-BKHDT dated June 30, 2020, on amending and supplementing a number of articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system.

i) Articles 7, 8, 9, 10 and 13 of the Minister of Planning and Investment's Circular No. 06/2020/TT-BKHDT dated September 18, 2020, guiding the implementation of the Government’s Decree No. 25/2020/ND-CP of February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection.

k) Clause 4, Article 8 of the Minister of Planning and Investment's Circular No. 09/2021/TT-BKHDT dated November 16, 2021, guiding the selection of investors to implement investment projects in the form of public-private partnership and land-using investment projects.

2. For bidding packages for procurement of goods divided into several parts:

a) For the bidding package for which the bidding dossier has been issued before January 01, 2023, the selection of contractors shall be carried out according to the issued bidding dossier and the provisions of law in effect at that time;

b) From January 01, 2023, if the approved bidding package does not apply the online contractor selection and has not yet issued the bidding dossier, the contractor selection shall be organized online on the basis of ensuring of the roadmap specified in Article 37 of Circular No. 08/2022/TT-BKHDT. In such cases, competent persons may not change the contractor selection plan.

Article 3. Effect

This Circular takes effect from August 01, 2022./.

The Minister

NGUYEN CHI DUNG