CIRCULAR

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

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

Pursuant to the Government’s Decree No. 24/2024/ND-CP dated September 01, 2016, detailing a number of articles of and measures to implement the Law on Bidding regarding contractor selection;

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

Pursuant to the Government’s Decree No. 01/2021/ND-CP dated January 04, 2021, on enterprise registration;

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 proposal of the Director of the Public Procurement Agency;

The Minister of Planning and Investment hereby promulgates the Circular providing guidance on the provision and posting of information on contractor selection 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 contractor selection and bidding-related dossier forms, including:

1. Forms for formulation, appraisal 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-Public Procurement system for consultancy or non-consultancy service, procurement (except for drugs), construction and installation bidding packages which are regulated by the Bidding Law and for which open bidding, restricted bidding or domestic competitive offer is organized by the single-stage and single-envelope method or single-stage and two-envelope method.

Article 2. Subjects 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-Public Procurement system.

Article 3. Interpretation of terms

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

2. National information system on business registration means a specialized information system on business registration as prescribed in Clause 2 Article 3 of Decree No. 01/2021/ND-CP.

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 offer;

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

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, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers, clarification of E-DIPs, E-DIEIs, E-DEIs, E-DPPs, E-BiDs, E-BDs, E-DTPs, E-DFPs, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers;

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) 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 a 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;

c) 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);

d) Bid management units;

dd) Bid training centers;

e) The manufacturer block (manufacturer, representative office, manufacturer's agent) registers 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 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 projects. E-GP enterprises and the Vietnam National E-Procurement Center (hereinafter referred to as the Center) shall perform responsibilities of the organization operating the System as specified in Article 52 of the Bidding Law.

12. BOT contract of an e-GP project means a contract signed between the Ministry of Planning and Investment 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.

Article 4. Application of dossier forms and appendices

1. Forms for formulation, appraisal 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 Report on appraisal of the general contractor selection plan;

c) Form No. 01C 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, it is only required to formulation, submission, appraisal and approval of changed or modified contents.

2. Forms for formulation, appraisal and approval of the contractor selection plan include:

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

b) Form No. 02B for formulation of the Report on appraisal of the contractor selection plan;

c) Form No. 02C 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, it is only required to formulation, submission, appraisal and approval of changed or modified contents. For the jobs ineligible for formulation of a contractor selection plan, only contractor selection plan for the jobs meeting conditions for formulation of the contractor selection plan shall only be formulated, submitted, appraised and approved, and the other jobs that have already been approved shall not be re-formulated, re-submitted, re-appraised 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 offer 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 procurement (including centralized procurement):

a) Form No. 4A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offer 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 non-consultancy service bidding packages:

a) Form No. 5A shall be used to compile E-BiDs for which the open bidding, restricted bidding or competitive offer 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 forms of evaluation reports:

a) Form No. 7A shall be used to compile evaluation reports of E-BDs according to the procedure 01 specified at Point a Clause 1 Article 28 of this Circular, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and single-envelope method;

b) Form No. 7B shall be used to compile evaluation reports of E-BDs according to the procedure 02 specified at Point b Clause 1 Article 28 of this Circular, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and single-envelope method;

c) Form No. 7C shall be used to compile evaluation reports of E-BDs, for bidding packages for non-consultancy services, procurement, construction and installation organized by the single-stage and two-envelope method;

d) Form No. 7D shall be used to compile evaluation reports of E-BDs, for consultancy service bidding packages organized by the single-stage and two-envelope method.

8. Appendices:

a) Appendix 1A: Form of request for approval of evaluation results of E-DTPs (for bidding packages subject to single-stage and two-envelope method);

b) Appendix 1B: Form of decision approving the list of contractors meeting technical requirements (for bidding packages subject to single-stage and two-envelope method);

c) Appendix 2A: Form of checking result (for all bidding packages);

d) Appendix 2B: Form of contract negotiation record (for bidding packages for procurement, construction and installation or non-consultancy services applying contract negotiation specified at Point d Clause 1 Article 43 of the Bidding Law);

dd) Appendix 2C: Form of contract negotiation record (for bidding packages for consultancy services);

e) Appendix 3A: Form of request for approval of contractor selection results;

g) Appendix 3B: Form of Decision on approval of contractor selection results;

h) Appendix 4: Form of commitment;

i) Appendix 5: Registration form for information on legal documents on bidding;

j) Appendix 6: Notice on winning foreign contractors in Vietnam;

k) Appendix 7: Notice on handling of violations against bidding laws;

l) Appendix 8: A number of violations prescribed in Clause 3 Article 44 of the Bidding Law.

9. For the selection of contractors for projects using official development assistance (ODA), concessional loans of foreign donors under treaties to which the Socialist Republic of Vietnam is a contracting party (hereinafter referred to as treaties), foreign loan agreements, the provisions of Clause 5 Article 3 of the Bidding Law shall apply. The role of organizations and individuals submitting, appraising and approving the general contractor selection plans, contractor selection plans, 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, appraisal and approval of general contractor selection plans, contractor selection plans, E-DIEIs, E-DIPs, and E-BiDs, reports on evaluation of E-BDs, E-DEIs and E-DPPs may apply the forms specified in Clauses 1 thru 8 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.

10. 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 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.

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, or E-BiD fails to meet the requirements of Clause 1 of this Article, or due to other reasons, it cannot be opened or read, the bid solicitors must post and re-issue all dossiers of invitation for expression of interest, E-DIEIs, dossiers of invitation for prequalification, E-DIPs, bidding dossiers or E-BiDs.

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

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

1. In case the System encounters an incident and suspends operation, the bidding packages for online selection of contractors, that have the bid closing time, the deadline for clarifying the E-DEIs, E-DPPs, and E-BDs within the period from when the System crashes to the time after completion of troubleshooting 2 hours, shall be automatically extended to the new bid closing time by the System; the extended deadline for clarifying the E-DEIs, E-DPPs, and E-BDs is after 6 hours from the time of completion of troubleshooting.

2. In case the new bid closing time and the extended deadline for clarifying the E-DEIs, E-DPPs or 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.

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 or E-BDs 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.

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 at Points a, b, c, d and dd 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 dispatch 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 el-documents 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 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.

Chapter II

SUPPLY AND POSTING OF CONTRACTOR SELECTION INFORMATION

Article 10. 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 cooperative and household registration. For contractors not yet registered on the national information system on business cooperative and household registration, they shall provide information when registering to participate in the System.

2. Information on capacity and experience of contractors

a) Information on capacity and experience of contractors shall comply with Point c Clause 1 Article 17 of 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 (hereinafter referred to as Decree No. 2024/ND-CP). If the contractor possesses 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 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 updated 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, 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 17 of Decree No. 24/2024/ND-CP.

4. 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 17 of Decree No. 24/2024/ND-CP.

5. The project owners or units wishing to conduct centralized procurement shall provide information about the used goods quality under Clause 2 Article 17 of Decree No. 24/2024/ND-CP.

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

Article 11. Primary information of a contract

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 (the number of days 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 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.

Article 12. 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 6 Article 14 of Decree No. 24/2024/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 14 of Decree No. 24/2024/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 131 of Decree No. 24/2024/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.

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

The bid solicitors shall post notices of invitation for expression of interest and notices of invitation to prequalification, E-NIEIs and E-NIPs in 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 modification or 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-DPs.

Article 14. Issuance, modification and clarification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs

1. Issuance:

a) Dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs and E-DIPs shall be issued free of charge in the System right after notices of invitation for expression of interest or notices of invitation for prequalification, E-NIEIs or E-NIPs are successfully posted. During the posting of notices of invitation for expression of interest or notices of invitation for prequalification, E-NIEIs or E-NIPs, the bid solicitors must attach the decisions approving the dossiers of invitation for expression of interest or dossiers of invitation for prequalification, E-DIEIs or E-DIPs; approved dossiers of invitation for expression of interest or dossiers of invitation for prequalification, E-DIEIs or E-DIPs.

The project owners, the bid solicitors 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 or the bid solicitors 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 for prequalification.

b) In case contents of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs posted in the System are different from those of the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs which have been approved, the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DIEIs or E-DIPs posted in the System shall serve as a basis for making and evaluating dossiers of expression of interest, dossiers for participation in prequalification, E-DEIs and E-DPPs.

2. Modification:

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, bid solicitors shall publish the documents in 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, bid solicitors must publish the following documents in 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:

a) If wishing 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 concerned bid solicitor via the System at least 3 working days before the bid-closing day;

b) The bid solicitor shall publish documents 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 date of bid closing;

c) The documents clarifying 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 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 15. Short lists

1. Time of posting:

A bid solicitor shall post a short list in the System within 5 working days after such list is approved.

2. Attached documents:

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

Article 16. Notices of invitation for bid and E-NIBs

The bid solicitors shall post notices of invitation for bid and E-NIBs in 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 bidding dossier or E-BD.

Article 17. Issuance, modification and clarification of bidding dossiers and E-BiDs

1. Issuance:

In the process of posting a notice of invitation for bids or E-NIB, the bid solicitor shall attach the following documents: Decisions approving bidding dossiers or E-DIBs; the approved bidding dossiers or E-DIBs; approved reference provisions;

For offline contractor selection, the bidding dossiers shall be posted in the System immediately after the successful posting of the notices of invitation for bid. Bid solicitors are not allowed issue paper copies of bidding dossiers to contractors. If the bid solicitors issue paper copies to contractors, the paper copies shall be considered having no legal validity for making and evaluating bidding dossiers.

b) In case contents of bidding dossiers, E-BiDs and reference provisions posted in the System are different from contents of bidding dossiers, E-BiDs and reference provisions which have been approved, the bidding dossiers, E-BiDs and reference provisions posted in the System shall be used as the basis for making and evaluating bid dossiers, E-BDs and scientific resume.

2. Modification:

a) For offline selection of contractors, in case of modification of bidding dossiers after issuing, bid solicitors shall post the documents in 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, bid solicitors must publish the following documents in 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:

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

b) Bid solicitors shall receive request for clarification of contractors and post documents clarifying the bidding dossiers, E-BiDs or reference provisions in the System at least 2 working days before the date of bid closing;

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 leading 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, bid solicitors shall hold a pre-bidding meeting to exchange information about the bidding dossiers’ and E-BiDs’ contents, which remain unclear to contractors. The bid solicitors shall post a letter of invitation to the pre-bidding meeting in the System. Contents exchanged between the bid solicitors and contractors must be recorded by the bid solicitors and posted in the System within 2 working days from the end of the pre-bidding meeting.

Article 18. Cancellation, extension, modification of posted information

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

Article 19. Results of contractor selection

1. Time of posting:

Project owners shall post the contractor selection results in the System within 5 working days after the date contractor selection results are approved.

2. Attached documents include:

a) Decision on approval of contractor selection results;

b) A report on evaluation of E-BD for online contractor selection (posting the general evaluation report, without the grading votes of members of the expert group);

c) In case the bidding package price in the approved contractor selection plan is adjusted under Point b Clause 8 Article 131 of Decree No. 24/2024/ND-CP, the project owner must post the decision on adjusting the bidding package price in the System before the expiry date of re-offering the bid.

3. For 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 20. Other information posted in the System and process for posting information in the System

1. In addition to the information posted in the System under Articles 10, 11, 12, 13, 14, 15, 16, 17 and 19 of this Circular, other information which shall be posted and implemented in the System includes:

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

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

c) Documents resolving complaints from project owners and competent persons 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, 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 must be posted in the System within 5 working days from the date of approval;

e) List of winning foreign contractors in Vietnam 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 10, 11, 12, 13, 14, 15, 16, 17, 19 and Clause 1 of this Article shall be carried out according to the Manual.

Article 21. Responsibilities of project owners

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

2. To post information specified at Points a, g, h, i, and k Clause 1 Article 7 of the Bidding Law. In case of hiring a bidding consultant to act as the bid solicitor, the project owner shall be responsible for posting this information.

3. To post on the Information System on winning foreign contractors in Vietnam according to Appendix 6 to this Circular; the posting shall comply with the Manual. Information shall be sent to the Public Procurement Agency and the Ministry of Planning and Investment within 7 working days from the date the contractor selection results are approved.

4. To take responsibility before the law for the accuracy and truthfulness of the information registered and posted in the System when logging in with their system accounts.

5. To check and confirm the posting of their information in the System.

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

Article 22. Responsibilities of bid solicitors

1. To perform the responsibilities prescribed in Article 79 of the Bidding Law.

2. To post information specified at Points b, c, d and dd Clause 1 Article 7 of the Bidding Law. For bidding packages subject to international bidding, the bid solicitors shall post the information specified at Points b, c and d Clause 1 Article 7 of the Bidding Law in Vietnamese and English; for the information specified at Point dd Clause 1 Article 7 of the Bidding Law, the bid solicitors shall publish the information in English or in both Vietnamese and English.

3. To take responsibility for consistency 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.

4. To monitor and update information posted in 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 in the System.

Article 23. Responsibilities of the Center and e-GP enterprises

1. The Center shall:

a) Manage and supervise the operation of the System, ensuring that the System operates in a stable, continuous, safe and secure manner;

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 enterprises shall perform the responsibilities specified in Article 52 of the Bidding Law.

Chapter III

CONTENTS OF BIDDING-RELATED DOSSIER FORMS

Article 24. Preparation, submission, appraisal 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 bid solicitor shall submit to project owner for appraisal 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 bid solicitor 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 and bid solicitor must modify the E-DIEI, E-DIP or E-BiD accordingly and re-post it. The modification shall comply with Clause 2 Article 14 and Clause 2 Article 17 of this Circular.

3. For bidding packages for procurement, construction and installation, non-consulting services, data sheets, evaluation criteria for eligibility, capacity and experience requirements in E-DIPs, E-BiDs shall be digitized in the form of webform in the System. The project owner and bid solicitor may not attach other requirement files on data sheets, evaluation criteria for eligibility, capacity requirements 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 when participating in the prequalification or expressing the interest, the contractor must update its/his/her capacity and experience.

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 provided in Appendix 8 to this Circular, bid solicitors and expert groups must not reject the E-BD that does not satisfy these contents. Such contents shall be considered null and void in accordance with Clause 4 Article 44 of the Bidding Law, and shall not be used as a ground for evaluating an E-BD.

6. In case of hiring a consultant to perform the roles of bid solicitors and expert groups to post information, or prepare E-DIEIs, E-DIPs, E-BiDs, evaluate E-DEIs, E-DPPs, E-BDs, the hired unit shall comply with the Manual.

Article 25. 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 attached files to form a set of E-DEIs, E-DPPs, and E-BDs as follows:

a) Information on the validity of the 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 security, 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 contractors use the commitment to provide credit to prove their financial resources, in addition to the declaration of information, the contractors must attach a scanned copy of the commitment to provide credit.

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 amend the information to be consistent with the figures reported to tax agencies. In case the figures updated or modified in 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 cheating, 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 bid solicitors to clarify E-DIEIs, E-DIPs, E-BiDs for project owners, bid solicitors 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 case of errors due to failure to monitor and update information in the System, leading to disadvantages for bidders during the bidding process, 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 contractor’s at-law representative authorizes a director of a branch, a dependent accounting subsidiary or a factory, and the head of another dependent accounting unit to perform the tasks during the 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 26. Contents about goods samples

E-BiDs shall not require goods samples. In case of needing goods samples for technical evaluation, project owners shall submit request to competent persons for consideration and decision. The written request must clearly state the reason for the request for goods samples. Project owners and bid solicitors 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 27. Bid opening for online contractor selection

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

Bid solicitors shall open bids and publicize records of bid opening in the System within 2 hours after the bid closing time.

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

a) Bid solicitors shall open E-DTPs and publicize records of opening E-DTPs in 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 bid solicitor 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 in the System. After successfully posting, the System shall send a notice to the contractors participating in the bidding package;

c) After posting the list of contractors meeting the technical requirements, the bid solicitor 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 in the System.

Article 28. 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 procurement or non-consulting services organized by the single-stage and single-envelope method, using the lowest bid method and the 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 (it is not required to approve the list of contractors in this case). If there are two or more contractors ranked the first, the process 01 shall be applied to evaluate;

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.

If the first-ranked contractor is disqualified, the subsequent-ranked contractor shall be evaluated.

c) For the bidding packages organized by the single-stage and single-envelope method, based on the E-BDs submitted by contractors in the System and the method for evaluating the E-BDs specified in the E-BiDs, the bid solicitors may select 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 evaluation 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 in the System and the paper evaluation report of the E-BD signed by the members of the expert group.

Article 29. Submission, appraisal and approval of the contractor selection results

1. The bid solicitor shall make a written request according to Appendix 3A to this Circular and attach the evaluation report of the E-BD and submit it to the project owner for approval of contractor selection results.

2. The project owner shall approve the contractor selection results according to Appendix 3B to this Circular on the basis of the written request, report on evaluation of the E-BD, report on appraisal of contractor selection results.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 30. Transitional provisions

1. For bidding packages of which the contractor selection plans have been approved (the contractor selection plans have been posted or have not yet been posted on the System) before January 1, 2024, but the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers or dossiers of requirements have not yet been issued by the effective date of this Circular, their contractor selection plans shall be approved for modification for consistency with regulations of the Bidding Law, Decree No. 24/2024/ND-CP and this Circular (if any).

2. For bidding packages approved for applying online contractor selection and preparation of E-DIPs, E-DIEIs and E-BiDs in accordance with Circular No. 01/2024/TT-BKHDT dated February 15, 2024, of the Minister of Planning and Investment, providing guidance on the provision and posting of information on contractor selection and bidding-related dossier forms on the Vietnam National E-Procurement System (hereinafter referred to as Circular No. 01/2024/TT-BKHDT):

a) In case the bidding package's E-DIPs, E-DIEIs and E-BiDs have been posed on the System in the period from January 1, 2024, to before February 27, 2024, the organization of short list selection, contractor selection, signing and management of contracts shall continue to be carried out in accordance with the Bidding Law No. 22/2023/QH15 and other provisions of 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 (hereinafter referred to as Decree No. 63/2014/ND-CP) and Circular No. 01/2024/TT-BKHDT which remain consistent with the Bidding Law No. 22/2023/QH15;

b) In case the bidding package's E-DIPs, E-DIEIs and E-BiDs have been posed on the System in the period from February 27, 2024, to before the effective date of this Circular, the organization of short list selection, contractor selection, signing and management of contracts shall continue to be carried out in accordance with the Bidding Law No. 22/2023/QH15, Decree No. 24/2024/ND-CP and Circular No. 01/2024/TT-BKHDT;

c) From the effective date of this Circular, in case the bidding package's E-DIPs, E-DIEIs and E-BiDs have not yet been prepared or have been prepared and approved but have not yet been uploaded to the System, they shall be prepared, modified and re-approved in accordance with this Circular.

3. For bidding packages not applying online contractor selection:

a) If the bidding package's dossiers of invitation for prequalification, dossiers of invitation for expression of interest, bidding dossiers have been posted on the System in the period from January 1, 2024, to before February 27, 2024, the organization of short list selection and contractor selection, signing and management of contracts shall continue to comply with the Bidding Law No. 22/2023/QH15 and other provisions of Decree No. 63/2014/ND-CP which remain consistent with the Bidding Law No. 22/2023/QH15;

b) In case the bidding package's dossiers of invitation for prequalification, dossiers of invitation for expression of interest, bidding dossiers have been posed on the System in the period from February 27, 2024, to before the effective date of this Circular, the organization of short list selection, contractor selection, signing and management of contracts shall continue to be carried out in accordance with the Bidding Law No. 22/2023/QH15 and Decree No. 24/2024/ND-CP;

c) Form the effective date of this Circular, if the bidding dossier's dossiers of invitation to prequalification, dossiers of expression of interest or bidding dossiers have not yet been prepared, or have been approved but not yet been uploaded to the System, they shall be prepared, modified, appraised and re-approved in accordance with the Bidding Law and Decree No. 24/2024/ND-CP. The project owners shall adjust bidding dossier forms to this Circular according to the method of organizing offline contractor selection.

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

Article 31. Effect

1. This Circular takes effect from April 26, 2024.

2. From the effective date of this Circular, Circular No. 01/2024/TT-BKHDT shall cease to be effective, except for the provisions of Clause 3 of this Article.

3. Forms No. 7A and 7B to Circular No. 01/2024/TT-BKHDT shall remain effective until the Circular guiding bidding for medicines in public health facilities issued by the Ministry of Health takes effect.

4. In case the information in the contractor selection process needs to be kept confidential and cannot be made public in the System, competent persons shall decide to post information during the contractor selection process.

5. For specific bidding packages, if the provisions of the E-DIP, E-DIEI and E-BiD forms to this Circular are applied, there will be less than 3 contractors satisfying the requirements for average annual turnover or similar contracts, the project owners and bid solicitors 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 bid solicitor 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.

6. From the effective date of this Circular, when making the bidding dossier for offline contractor selection, the project owner and the bid solicitor shall use the E-BiD forms attached to this Circular on the basis of ensuring that it is not contrary to the Bidding Law and Decree No. 24/2024/ND-CP.

7. On an annual basis, the Ministry of Planning and Investment shall guide the provision and posting of bidding information in the System in conformity with the schedules of public holiday and lunar New Year festival as announced by the Ministry of Labor, Invalids and Social Affairs.

8. The modification of forms under the webform on the System shall comply with provisions of Point dd Clause 1 Article 135 of Decree No. 24/2024/ND-CP.

9. 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 Planning and Investment for timely guidance./.