Circular 01/2024/TT-BKHDT post information on contractor selection and bidding-related dossier forms on National E-Procurement System

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 Law on E-Transactions dated November 29, 2005;

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:

a) 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;

b) Bidding-related dossier forms on the Vietnam National E-Public Procurement system for consultancy or non-consultancy service, procurement, construction and installation, or drug purchase 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 Enterprise Registration means a specialized information system on business registration as prescribed in Clause 2 Article 3 of the Government's Decree No. 01/2021/ND-CP dated January 4, 2021, on enterprise registration.

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

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

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

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

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;

n) 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 selections, 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 and organizations registering to participate in the System with one or several roles as follows:

a) Project owners;

b) Bid solicitors;

c) Contractors;

d) Bid management units;

dd) Bid training centers.

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 e-GP projects 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 Proposal 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, when such jobs meet conditions for formulation of the contractor selection plan, only contractor selection plan for such jobs shall be formulated, submitted, appraised and approved, not to re-formulate, re-submit, re-appraise or re-approve for the other jobs that have already been 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.

7. For bidding packages to purchase medicines:

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

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

8. For forms of evaluation reports:

a) Form No. 8A 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. 8B 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. 8C 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. 8D shall be used to compile evaluation reports of E-BDs, for consultancy service bidding packages organized by the single-stage and two-envelope method.

9. 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 contracts 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 3: Form of request for approval of contractor selection results;

g) Appendix 4: Form of commitment;

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

i) 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.

10. 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 plan, contractor selection, 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 Evaluation of E-BDs, E-DEIs and E-DPPs may apply the forms specified in Clauses 1 thru 9 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 on the Dau thau (Bidding) newspaper and in the column “Other capital sources” in the Vietnam National E-Public Procurement System.

11. 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) Open files, 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 for 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 failure 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.

4. In case there is an incident leading to the Vietnam National E-Procurement System not being able to operate and the troubleshooting is expected to take place in a long time, the Ministry of Planning and Investment shall notify on the Vietnam National E-Procurement System the method of organizing contractor selection during the such period, including organizing the selection of contractors offline.

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 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 must be digital certificates granted to the organizations;

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

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

d) Organizations 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 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 and detailed instructions given in the Manual.

Chapter II

SUPPLY AND POSTING OF CONTRACTOR SELECTION INFORMATION

Article 10. Information on capacity and experience of contractors

1. Information on capacity and experience of contractors in the System includes:

a) General information on contractors:

b) Figures on annual financial statements;

c) Information about contracts that have been and are being performed;

d) Information about key persons;

dd) Information about machinery and equipment;

e) Information about the reputation of contractors.

2. Contractors shall proactively update information on their capacity and experience according to Clause 1 of this Article in the System and take responsibility before law for the accuracy of information declared in the System. In case contractors makes a modification in the System, the System shall save all the information before and after the contractors makes the modification. Information about the capacity and experience of contractors shall be authenticated by the digital signature of contractors.

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

4. 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.

5. For the information specified at Point b Clause 1 of this Article, if the figures on the financial statements in the System have been updated from the Electronic 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 Electronic Tax System, they shall amend the figures to match those reported to tax agencies. The System shall save the modified information of contractors.

Article 11. Information on projects and plans for selection of contractors

1. Time of posting:

Information on contractor selection plans shall be posted in the System by the project owners within 5 working days after the contractor selection plans are approved. Basic information on the projects shall be posted together with the contractor selection plans.

2. Attached documents:

When posting contractor selection plans, project owners shall attach decisions approving such plans.

Article 12. 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 13. Issuance, modification and clarification of dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DEIs and E-DPs

1. Issuance:

a) Dossiers of invitation for expression of interest, dossiers of invitation for prequalification, E-DEIs and E-DPs shall be issued free of charge in the System right after notices of invitation for expression of interest or notices of invitation for pre-qualification, E-NIEIs or E-NIPs are successfully posted.

During the posting of notices of invitation for expression of interest or notices of invitation for pre-qualification, 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 pre-qualification, E-DIEIs or E-DIPs; approved dossiers of invitation for expression of interest or dossiers of invitation for pre-qualification, 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 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 distributing, 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 pre-qualification; or decision on modification and the modified dossier of invitation for expression of interest or modified dossier of invitation for pre-qualification which must clearly show modified contents.

b) For online selection of contractors, in case of modification of E-DIEIs or E-DIPs after distribution, 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 pre-qualification, E-DIEI or E-DIP, a 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) Bid solicitors 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 pre-qualification, E-DIEI or E-DIP must not be contrary to the approved dossier of invitation for expression of interest or dossier of invitation for pre-qualification, 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 pre-qualification, 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 pre-qualification, E-DIEI or E-DIP, such modification must comply with Clause 2 of this Article.

Article 14. Shortlists

1. Time of posting:

A bid solicitor shall post a shortlist in the System within 5 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 15. 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, E-NIB shall be carried out only before the time of bid closing, unless no contractor submits a bidding dossier or E-BD.

Article 16. Issuance, modification and clarification of bidding dossiers and E-BiDs

1. Issuance:

In the process of posting a notice of invitation for bids and E-NIB, bid solicitors shall attach the following documents: Decision approving bidding dossiers or E-DIBs; the approved bidding dossiers or E-DIBs;

For offline contractor selection, the bidding dossiers shall be posted in the System immediately after the successful posting of the notice of invitation for bids. 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 posted in the System are different from contents of bidding dossiers, E-BiDs which have been approved, the bidding dossiers, E-BiDs posted in the System shall be used as a basis for making and evaluating bid dossiers and E-BDs.

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: Decision on modification, enclosed with the modified contents of the bidding dossiers; or decision 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 after issuing, bid solicitors shall post the following documents in the System: Decisions on modification together with the modifications of E-BiDs; and the modified E-BiDs.

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, 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 or E-BiDs in the System within 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. If the receipt of the request for clarification of the bidding dossier or E-BiD leading to the needs to modify the bidding dossier or E-BiD, it shall be modified 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 17. Cancellation, extension, modification of posted information

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

Article 18. Results of contractor selection

1. Time of result 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 cost estimates of a bidding package are approved after its contractor selection plan is approved and during the issuance of E-BiDs, the bid solicitor shall update cost estimates and attach the cost estimate-approving decision in the System within 5 days before the date of bid closing.

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);

g) 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 code) (if any);

l) Unit price of winning bid.

Article 19. Process for posting information in the system

The process of posting information as prescribed in Articles 10, 11, 12, 13, 14, 15, 16 and 18 of this Circular shall be carried out according to the Manual.

Article 20. Responsibilities of project owners

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

2. To post information as prescribed 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 21. Responsibilities of bid solicitors

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

2. To post information as prescribed 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 22. Responsibility of contractors

1. To register to participate in the System to ensure eligibility under Point d Clause 1 Article 5 of the Bidding Law.

2. To perform the responsibilities prescribed in Article 82 of the Bidding Law.

3. To manage system accounts and digital certificates registered in the System.

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

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.

3. The Bidding newspaper shall:

a) Review to find invalid information and notify it to project owners and bid solicitors within 1 working day after such information is posted by the project owners and bid solicitors in the System. Such notification shall be made in the System, by email, via mobile apps or other information channels for project owners and bid solicitors to modify or complete information for re-posting in the System;

b) Extract information specified in Articles 12, 14, 15 and 17 of this Circular for posting in 1 issue of the Bidding Newspaper within 2 working days after the project owners and bid solicitors post information on the System.

4. 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 project owners and bid solicitors, or contractors, it shall make and publicly post supplements or corrections in accordance with the law on press. Related organizations and individuals 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

CONTENTS OF BIDDING-RELATED DOSSIER FORMS

Article 24. Preparation, submission, appraisal and approval of E-DIEIs, E-DIPs and E-BiDs

1. The bid solicitor shall organize the preparation of E-DIEIs, E-DIPs and E-BiDs on the System. After making 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-BiD must include all necessary information to serve as a basis for contractors to prepare an E-BD. In case the bid solicitor fails to post an E-BiD with complete information (such as lack of designs, drawings, and other documents) or unclear information, making it difficult for contractors to prepare the E-BD, the E-BiD shall be considered as invalid. The project owner and bid solicitor must modify the E-BiD accordingly and re-post the E-BiD.

3. For bidding packages for procurement, construction and installation, non-consulting services, datasheets, 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 datasheets, evaluation criteria for eligibility, capacity requirements and experience in E-DIPs and E-BiDs. Datasheets, 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 has applied for the prequalification, if there is a change in the capacity and experience of the contractor when submitting the E-BiD compared to when participating in the prequalification, 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 point k Clause 6 Article 16 and Clause 3 Article 44 of the Bidding Law, bid solicitors and expert groups must not reject the E-BD that does not satisfy these contents. In case where the bidding dossiers contain contents violating the provisions of Point k Clause 6 Article 16 and Clause 3 Article 44 of the Bidding Law, such contents shall be considered invalid in accordance with Clause 4 Article 44 of the Bidding Law and shall not be used as a basis for evaluation of bid dossiers.

6. In case of hiring a consultant to perform the roles of bid solicitors and expert groups to post information, or prepare E-DIEI, E-DIP, E-BiD, evaluate E-DEI, E-DPP, E-BD, 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, contractors 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 Vietnam’s 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 Vietnam’s law and stored in the System, to the E-BD. For a consortium of contractors, all consortium members must use the same bid security format, which is electronic or paper bid security.

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 Electronic 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 Electronic 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 Electronic 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 company 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.

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 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.

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);

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 the instructions provided in Appendix 3 to this Circular and enclose 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 on the basis of the written request, report on evaluation of the E-BD, report on appraisal of contractor selection results.

Article 30. Online bidding for medicines

1. The bid solicitor shall make an E-BiD including the following contents:

a) The contents of the E-BiD made on the webform include: Bidding datasheet, bid participation application, consortium agreements (if any), table of “bid price and table of scope of provision, schedule of provision and technical requirements of medicines”, bid security forms and bidding forms;

b) The remaining contents of the E-BiD shall be prepared in compliant with the Bidding Law and attached by the bid solicitor in the System.

2. The preparation of an E-BiD shall be based on webforms specified at Point a Clause 1 of this Article and relevant regulations issued by the Ministry of Health. The evaluation of the E-BD must be based on the evaluation criteria of the E-BDs and other requirements in the E-BiDs, based on the submitted E-BDs, documents explaining and clarifying the E-BDs of contractors to ensure the selection of contractors with sufficient capacity and experience, with feasible solutions to execute bidding packages.

3. After making the E-BiD, the bid solicitor shall print it out and submit it to the project owner for appraisal and approval. The bid solicitor shall take responsibility for the consistency between the E-BiD in the System and the approved one. If contents of the approved E-BiD are different from that of the E-BiD in the System, the contents in the System shall be used as the basis for preparation and evaluation of the E-BD.

4. E-BiDs shall be issued free of charge in the System. 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. Bidding contractors shall pay expenses according to regulations.

5. If wishing to modify the E-BiD, the bid solicitor shall log in to and modify it directly in the System after the project owner approves the contents.

6. In case of any inconsistency between information in the file attached to the E-BiD issued in the System and information in the webform, the latter shall be used for making and evaluating the E-BD.

7. The contractor shall make a price quotation according to the webform, commit to the contents of bid participation application created by the System. In case of consortium, the consortium shall be implemented in the System. The remaining contents of the E-BD shall be attached by the contractor in the System. In case the information on the webform is different from the information in the attached file to the E-BD, the information on the webform shall be used as the basis for evaluating the E-BD.

8. In case of inconsistency between the provisions of this Article, Form No. 7A, Form No. 7B to this Circular and other provisions of this Circular, the provisions of this Article and Form No. 7A and Form No. 7B to this Circular shall prevail.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 31. Transitional provisions

1. For the bidding package of which the contractor selection plan has been approved (whether it has been posted on the Vietnam National E-Procurement System or not), but until January 1, 2024, the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers, dossiers of requirements have not yet been issued, and the contractor selection plan contains contents inconsistent with the Bidding Law, modifications of the contractor selection plan must be approved in accordance with this Law.

2. For approved bidding packages, applying online contractor selection and preparation of E-DIPs, E-DIPs and E-BiDs in accordance with Circular No. 08/2022/TT-BKHDT:

a) In case the bidding package’s E-DIPs and E-DIPs have been posted on the System before January 1, 2024, the selection of a short list, selection of contractors shall continue to be organized in accordance with the Bidding Law No. 43/2013/QH13 and its detailing and guiding documents;

b) In case the bidding package’s E-BiDs have been posted on the System before January 1, 2024, the selection of contractors shall continue to be organized in accordance with the Bidding Law No. 43/2013/QH13 and its detailing and guiding documents;

c) From January 1, 2024, in case the bidding package's E-DIPs, E-DIPs 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) In case the bidding package’s dossiers of invitation to prequalification and dossiers of expression of interest have been posted on the System before January 1, 2024, the selection of a short list and selection of contractors shall continue to be organized in accordance with the Bidding Law No. 43/2013/QH13 and its detailing and guiding documents;

b) In case the bidding package’s bidding dossiers have been posted on the System before January 1, 2024, the selection of contractors shall continue to be organized in accordance with the Bidding Law No. 43/2013/QH13 and its detailing and guiding documents;

c) Form January 1, 2024, 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. The project owner shall adjust bidding dossier forms to this Circular according to the method of organizing offline contractor selection.

4. In all cases, for the change of 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 32. Effect

1. This Circular takes effect from the date of its signing. General provisions; and regulations on provision and posting of contractor selection information and contents of bidding-related dossiers, and Appendices take effect from January 1, 2024.

2. From January 1, 2024, Circular No. 08/2022/TT-BKHDT dated May 31, 2022, of the Minister of Planning and Investment, stipulating in detail the provision and posting of information on bidding, and selection of contractor via the National E-Public Procurement system, and Circular No. 10/2015/TT-BKHDT dated October 26, 2015, of the Minister of Planning and Investment, on plan for contractor selection, cease to be effective.

3. 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.

4. For specific bidding packages, if the provisions of the E-DIP, E-DIP 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 that are different from the provisions of the 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-BiD for approval, the bid solicitor must clearly state the modification of the E-BiD in the submission for the project owner for consideration;

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

5. For bidding packages to purchase medicines, the Ministry of Planning and Investment shall provide guidance on removing and handling difficulties relating to the techniques of online contractor selection; the Ministry of Health shall provide instructions on handling issues relating to the performance of drug bidding in accordance with legal documents issued by the Ministry of Health.

6. In case any legal documents referred to in this Circular are amended or supplemented, the newest one shall prevail.

7. From the effective date of this Circular, when making the bidding dossiers for offline contractor selection, the project owners and the bid solicitors shall use the E-BiD forms to this Circular on the basis of ensuring that they are not contrary to the Bidding Law.

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

9. Based on reality, the Public Procurement Agency, the Ministry of Planning and Investment shall modify webforms on the System to facilitate parties to participate in the online contractor selection, simplify administrative procedures and increase competition, equality, transparency and economic efficiency in bidding activities, while ensuring the effectiveness of the state management of bidding.

10. 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 written opinions to the Ministry of Planning and Investment for timely guidance./.