Thông tư 08/2022/TT-BKHĐT cung cấp thông tin đấu thầu trên Hệ thống mạng đấu thầu

MINISTRY OF PLANNING AND INVESTMENT OF
VIETNAM
——–

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 08/2022/TT-BKHDT

Hanoi, May 31, 2022

CIRCULAR

ELABORATING PROVISION AND PUBLISHING OF
INFORMATION ON BIDDING AND SELECTION OF CONTRACTORS ON VIETNAM NATIONAL
E-PROCUREMENT SYSTEM

Pursuant
to the Law on Procurement of Vietnam dated November 26, 2013;

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

Pursuant
to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 detailing the
implementation of several provisions of the Law on bidding regarding the
selection of contractors;

Pursuant
to the Government’s Decree No. 130/2018/ND-CP dated September 27, 2018 on
guidelines for the Law on e-transactions of digital signatures and digital
signature authentication;

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. 86/2017/ND-CP dated July 25, 2017 defining the
functions, tasks, powers and organizational structure of the Ministry of
Planning and Investment of Vietnam;

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The
Minister of Planning and Investment of Vietnam promulgates a Circular
elaborating provision and publishing of information on bidding and selection of
contractors on Vietnam National E-Procurement System.

Chapter
I

GENERAL PROVISIONS

Article 1. Scope

1.
This Circular hereby details:

a)
Contractor selection on Vietnam National E-Procurement System for contract packages
of consultancy service, non-consultancy service, commodity, works and drugs
under the scope of regulation the Law of Procurement in form of open and
limited bidding and national shopping under single-stage and one-envelope,
single-stage and two-envelope bidding procedure;

b)
Provision and publishing of information on selection of contractors on Vietnam
National E-Procurement System, Vietnam Public Procurement Review Journal
according to regulations of the Law on Procurement;

c)
Management and use of non-returnable bid security and performance security.

2.
Online shortlisting and
online selection of contractors are currently not applied packages that hold
international bidding, mixed packages and packages under two-stage
one-envelope, two-stage and two-envelope bidding procedure. International
bidding, preparation for bidding documents can apply regulations of this
Circular and Circulars on guidelines for bidding for public procurement under
the Free Trade Agreements that the Socialist Republic of Vietnam is a member;
or carried out under agreements that do not contradict the Law on Procurement
and Decree No. 63/2014/ND-CP.

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4.
Regarding projects/contract
packages containing information of state secrets as per the Law on protection
of state secrets, such information shall not be provided or published as per
this Circular. The information of state secrets shall be managed as per the law
on protection of state secrets.

Article
2. Regulated entities

1.
Organizations or individuals
relevant to selection of contractors that fall within the scope of application
stipulated in Article 1 hereof.

2.
Organizations or individuals
engaged in selection of contractors that fall outside of the scope of the
Article 1 of this Circular but choose to apply regulations of this Circular. In
this case, the procedure for implementation shall follow the User Manual
on Vietnam National E-Procurement System.

Article
3. Definitions

1.
Vietnam National
E-Procurement System (hereinafter
referred to as “the System”) refers to the information technology system
developed, administered and operated by the Ministry of Planning and Investment
at the address http://muasamcong.mpi.gov.vn in accordance with regulations laid
down in Clause 26 Article 4 of the Law on Procurement of Vietnam.

2.
National Enterprise
Registration Information System refers to the system of dedicated information about enterprise
registration specified in Clause 2 Article 3 of Decree No. 01/2021/ND-CP.

3.
”Vietnam National
E-Procurement Center” (hereinafter
referred to as “Center”) affiliated to Public Procurement Agency of the
Ministry of Planning and Investment refers to an operating unit of the System
as prescribed in Article 85 of the Law on Procurement.

4.
Abbreviations in this
Circular and on the System include:

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b) Circular
No. 04/2017/TT-BKHDT: a Circular of the Minister of Planning and Investment
of Vietnam dated November 15, 2017 on guidelines for selection of bidders
through national bidding network system.

c) Circular
No. 05/2017/TT-BKHDT: a Circular of the Minister of Planning and Investment
of Vietnam dated June 30, 2020 on amendments to certain articles of Circular
No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and
Investment on guidelines for selection of bidders through national bidding
network system.

d) Circular
No. 15/2019/TT-BYT: a Circular of the Minister of Health of Vietnam dated
July 11, 2019 on bidding for provision of drugs for public health facilities

dd) Circular
No. 06/2021/TT-BKHDT: a Circular of the Minister of Planning and Investment
of Vietnam dated September 30, 2021 detailing collection, payment, management
and use of fees for registration, publishing of information, selection of
contractors, investors on Vietnam National E-Procurement System, Vietnam Public
Procurement Review Journal;

e) E-TBMST:
online invitation for prequalification applications;

g) E-TBMQT:
online invitation to submit statement of interest;

h) E-
TBMT: online invitation to bid, online notice of proposed procurement;

i) E-HSMQT:
online EOI request (EOI: expression of interest);

k) E-HSQT:
online expression of interest;

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m) E-HSDST:
online application for prequalification;

n) E-HSMT:
bidding document of e-competitive bidding, e-limited bidding, request for
proposals of e-shopping according to the standard process, request for
quotation of e-shopping according to simplified method

o)
E-HSDT: bid package of e-competitive bidding, e-limited bidding, request for
proposals of e-shopping according to the standard process, request for
quotation of e-shopping according to simplified method

p) E-HSDXKT:
e-technical proposal;

q) E-HSDXTC:
e-financial proposal;

5.
Electronic document refers to document or information that is
successfully sent, received or stored on the System, including:

a)
Information about the project;

b) Plan
for selection of contractors;

c)
E-TBMQT, E-TBMST, E-TBMT, invitation to bid, invitation for prequalification
applications, invitation to submit statement of interest;

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dd)
E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, EOI request,
prequalification document, bidding document; contents that clarify E-HSMST,
E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSDXKT, E-HSDXTC, EOI request,
prequalification document, bidding document;

e) Joint
venture or consortium agreement;

g)
Record on the bid opening, records on the opening to E-HSDXKT, E-HSDXTC;

h)
Reports on evaluation of E-HSQT, E-HSDST, E-HSDT;

i)
Result of selection of contractors;

k)
Proposal for result of selection of contractors and problems regarding the
process of e-selection of contractors;

l) Other
electronic document in the System;

6.
Improper information refers to information published on the
System by entities specified in Article 2 of this Circular that fails to comply
with regulations of the Law on Procurement and other relevant laws.

7.
Public digital certificate
in the System at the
address http://muasamcong.mpi.gov.vn refers to a digital certificate granted by
a public certification authority.

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9.
Organization participating
in the System (hereinafter
referred to as “participation organization”) refers to agencies and
organizations that register participation in the System with one or several roles
as follows:

a)
Investor;

b)
Procuring entities;

c)
Bidders;

d)
Regulatory unit;

dd)
Training centers for bidding.

10.
Account of the
participation organization (hereinafter
referred to as “participation account”) refers to an account granted by the Center
to the Organization participating in the System to perform one or several roles
specified in Clause 9 of this Article.

11.
Task – specific account refers to an account created by
participation account to perform a specific task on the System.

12.
E-GP project management
enterprise is an
Investment and Development of National E Procurement System Company Limited
established by the Investor in accordance with regulations of the BOT contract
of the e-GP project.

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Article
4. Application of forms and Appendices

1.
Contract package of works:

a) Form
No. 1A used to make E-HSMT applying the form of competitive, limited bidding or
shopping method under single-stage and one-envelope bidding procedure.

b) Form
No. 1B used to make E-HSMT applying the form of competitive or limited bidding
under single-stage and two-envelope bidding procedure;

c) Form
No. 1C used to make E-HSMST.

2.
Contract package of
procurement of goods (including bulk purchasing):

a) Form
No. 2A used to make E-HSMT applying the form of competitive, limited bidding or
shopping method under single-stage and one-envelope bidding procedure.

b) Form
No. 2B used to make E-HSMT applying the form of competitive or limited bidding
under single-stage and two-envelope bidding procedure;

c) Form
No. 2C used to make E-HSMST.

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a) Form
No. 3A used to make E-HSMT applying the form of competitive, limited bidding or
shopping method under single-stage and one-envelope bidding procedure;

b) Form
No. 3B used to make E-HSMT applying the form of competitive or limited bidding
under single-stage and two-envelope bidding procedure;

c) Form
No. 3C used to make E-HSMST.

4.
Contract package of
consultancy service;

a) Form
No. 4A used to make E-HSMT applying the form of competitive or limited bidding
under single-stage and two-envelope bidding procedure;

b) Form
No. 4B used to make E-HSMQT.

5.
Form No. 5 used to make
E-HSMT applying the form of shopping according to simplified method;

6.
Form of report on evaluation:

a) Form
No. 6A used to make report on evaluation of E-HSDT according to the process 01
prescribed in Point a Clause 1 Article 32 of this Circular for contract
packages of non-consultancy service, commodity, works under single-stage and
one-envelope bidding procedure;

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c) Form
No. 6C used to make report on evaluation of E-HSDT for contract packages of
non-consultancy service, commodity, works under single-stage and two-envelope
bidding procedure;

d) Form
No. 6D used to make report on evaluation of E-HSDT for contract package of
consultancy service under single-stage and two-envelope bidding procedure;

7.
Contract package of
procurement of drugs:

a) Form
No. 7A used to make report on evaluation of E-HSMT applying the form of
competitive bidding under single-stage and one-envelope bidding procedure;

b) Form
No.7B used to make E-HSMT applying the form of competitive bidding under
single-stage and two-envelope bidding procedure.

8.
Appendices:

a)
Appendix 1A: Form of Request for approving result of evaluation of E-HSĐXKT (a
package with single-stage and two-envelope bidding procedure)

b)
Appendix 1B: Form of Decision on approving list of bidders satisfying technical
requirements (a package with single-stage and two-envelope bidding procedure);

c)
Appendix 2A: Form of Request for approving the list of Ranking of bidders ( a
package with single-stage and one-envelope bidding procedure);

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dd)
Appendix 3A: Form of Record of Negotiation of Contract (a package of
procurement of goods, works, non-consultancy service or mixed package);

e)
Appendix 3B: Form of Record of Negotiation of Contract (a package of
consultancy service);

g)
Appendix 3C: Document collation result form (all contract packages);

h)
Appendix 4: Form of Request for approving the result of selection of
contractors;

i)
Appendix 5: Form of Commitment;

k)
Appendix 6: Form of registration of information on legal documents on bidding;

l)
Appendix 7: Form of registration of information about foreign contractor who is
selected in Vietnam;

m)
Appendix 8: Form of registration of information about imposition of penalties
for violations against regulations on bidding;

n)
Appendix 9: Some regulations of E-HSMT violating Clause 2, Article 12 of Decree
No. 63/2014/ND-CP.

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Article
5. Formats of attachments.

1.
A file published in the
System must meet the following conditions:

a) It is
possible to open or read the files by common software including MS Office or
Open Office; PDF; AutoCAD, Photoshop; built-in image viewer. The texts shall be
in a Unicode font;

b) It is
possible to compress, decompress, open the files by software including: ZIP,
RAR or 7ZIP. In case of compressed files, the files shall have the format
specified in Point a of this Clause after decompression;

c) It is
not infected, broken or damaged and no password is required.

2.
If the files attached to the
EOI request, E-HSMQT, document on prequalification, E-HSMST, bidding document,
E-HSMT fail to comply with regulations of Clause 1 in this Article ( or in case
of other reasons) that leads to the fact that it is impossible to open and read
this files, the procuring entity shall republish EOI request, E-HSMQT, document
on prequalification, E-HSMST, bidding document, E-HSMT.

3.
If the files attached to the
E-HSDT, E-HSQT, E-HSDST are not made in the given format prescribed in Clause 1
of this Article leading to the fact that it is impossible to open and read this
file, it will not be evaluated anymore.

Article
6. Technical handling in case of system failure beyond control

1.
In case the System cannot
operate due to failure, the contract packages of e-selection of contractors
with the deadline for submission of bids, the deadline for clarification of
E-HSQT, E-HSDST, E-HSDT that falls within 2 hours after the System is fixed
shall be automatically extended to the new deadline for submission of bids,
deadline for clarification of E-HSQT, E-HSDST, E-HSDT after the System is
fixed.

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3.
If the deadline for
submission of bids must be extended as prescribed in Clauses 1, 2 and 3 of this
Article, the evaluation of E-HSQT, E-HSDST, E-HSDT must be carried out
according to the deadline for submission of bids specified in the E-TBMQT,
E-TBMST, E-TBMT before system failure.

4.
In case it takes a long time
to fix the System, the Ministry of Planning and Investment shall be responsible
for notification on the System of the method for organizing selection of
contractors throughout the failure duration, including offline selection of
contractors.

Article
7. Registration to participate in the System and processing of registration
application

1.
The procedure for
registration of the participation organization shall follow the User Manual.

2.
Application shall contain:

a)
Application form on the System according to the procedure for registration
specified in Clause 1 of this Article. In case the legal representative of the
participation organization is authorized to sign the application, this
authorization must be attached to the System;

b) In case
the participation organization is not listed on the National Enterprise
Registration Information System, it shall attach a photocopy of the decision on
establishment or certificate of registration of enterprise or certificate of
registration of household business (individual business household) or other
equivalent documents to the System

3.
Supplement to registered
information on the System:

a) The
supplement to registered information on the System (including addition of roles
to the Account) shall follow the User Manual.

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4.
Termination or suspension
from participation in the System:

a) In
case the participation organization has a request for suspension from all or
some of the roles of the participation account, it shall follow the User
Manual;

b) In
case the participation organization fails to pay the fees for use of services
as prescribed in Article 10 of Circular No. 06/2021/TT-BKHDT, the System shall
suspend one or several roles of the participation account until the completion
of payment according to regulations;

c) In
case the participation organization has dissolved, gone bankrupt or ceased to
exist in accordance with the Law, the System shall automatically update the
termination status of the participation account according to information from
National Enterprise Registration Information System;

d) In
case the participation account has been terminated or suspended for the role of
a bidder, the participation organization does not ensure its eligibility as
prescribed at Point d Clause 1 Article 5 of the Law on Procurement, Section 5,
Chapter I of the forms E-HSMQT, E-HSMST and E-HSMT issued together with this
Circular.

5.
Reinstatement of
participation account:

The
reinstatement of participation account after termination or suspension
according to regulations of points a and c of Clause 4 of this Article shall
follow the User Manual.

6.
Procedure and deadline for processing registration application:

The
Center shall be responsible for processing application specified in Clauses 1,
3, Points a, b, d, Clauses 4 and 5 of this Article within 02 working days from
the date of receipt of the request on the System and notify of the result of
processing to the participation organization via the notice board on the
System, email, application of mobile equipment or other information channels
and detailed instructions in User manual.

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1.
Creation of task – specific
account:

The
participation account shall create and distribute power to the task – specific
account corresponding to the role of the participation organization specified
at Points a, b, c and d, Clause 9, Article 3 of this Circular; lock, unlock;
reset password, authentication form, login authentication device for task –
specific account.

2. Use
of digital certificate on the System:

a) The
organizations that are issued digital certificates according to regulations of
Clause 7 Article 3 of this Circular when participating in the System shall
register to use digital certificates according to the User Manual. A
digital certificate on the System is the digital certificate issued to the
organization;

b) The
digital certificate shall be used for creation of digital signature and
organization authentication;

c) The
registration for the purpose of use, change and destroy information on digital
certificate of the participation organization shall be done on the System
according to the User Manual;

d) The
participation organization shall be responsible for assurance about the
accuracy of digital certificate used on the System.

3.
If the organization or
individual deliberately publishes information specified in Article 8 of the Law
on Procurement with false contents, their accounts shall have blocked within 12
months.

Article
9. Sending and receiving e-documents on the System

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2.
The sending time and
receiving time of e-documents shall be determined according to the real time
recorded on the System. Electronic documents that are successfully sent shall
be stored on the System.

3.
In case the user sends an
electronic document on the System, the System must respond to the user whether
the submission is successful or unsuccessful.

4.
The participation
organizations that make successfully registration on the System shall be
entitled to export the status of their electronic documents and other
information on the System. The information on transaction history shall be used
for resolving any dispute that may arise from delivery and receipt of
e-documents on the System.

5.
The entity in charge of
inspection, supervision, audit and disbursement may not require a physical copy
if an electronic copy of the same document can be found on and exported from
the System, unless the original copy is necessary for confirmation.

Article
10. Information technology infrastructure requirements

The
participation organization shall meet the requirements for infrastructure of
information technology specified in Clause 1, Article 79 and Clause 1, Article
80 of the Law on Procurement and detailed instructions in the User Manual.

Chapter
II

PROVISION AND PUBLISHING
OF BIDDING INFORMATION

Section
1. INFORMATION AND PROCEDURE FOR PUBLISHING ON THE SYSTEM

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1. Information on the qualifications of
bidders on the System includes:

a)
General information about the bidder

b)
Figures on annual financial statement;

c)
Information about contracts that have been performed;

d)
Information about key personnel;

dd)
Information about machinery and equipment;

e)
Information about the bidder’s reputation

2.
The bidder shall actively
update information about their qualifications according to regulations of
Clause 1 of this Article on the System and take legal responsibility for the
accuracy of information declared on the System. In case the bidder makes
correction on the System, the System will save all the information before and
after the bidder makes the correction. Information about the qualifications of
the bidder shall be authenticated by the digital signature.

3. The
bidder shall attach documents to prove the authenticity of the qualifications.
The attached documents will be stored and managed on the System.

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5.
Contents specified at Point
b, Clause 1 of this Article: if the figures on annual financial statement on
the System has been updated from the Electronic Tax System and National
Enterprise Registration Information System, the bidder shall not declare the
figures on annual financial statements. Figures on annual financial statement
from 2021 onwards: in case the bidder discovers that the system has not updated
the figures compared to the Electronic Tax System, the bidder shall modify the
figures in conformity with the reported figures to the tax authority. The
system will save the modified versions of the information about the bidder.

Article
12. Information about projects, plans for selection of contractors

1.
Time of publishing:

Information
about the plan for selection of contractor shall be published on the System by
the investor (development investment project) or the procuring entity (regular
procurement) within 07 working days from the date on which these documents are
approved. The project background information shall be published concurrently
with the plan for selection of contractor.

2.
Attachments:

The
investor (development investment project) or the procuring entity (regular
procurement) shall attach the decision on approval for the plan for selection
of contractor during the process of publishing of the plan for selection of
contractor.

3.
The plan for selection of
contractor for bidding packages under the project shall be made according to
the plan for allocation of capital for the whole project. It is not required to
make a plan for selection of contractor according to the capital plan of each
year.

Article
13. Invitation to submit statement of interest, invitation for prequalification
applications, E-TBMQT, E-TBMST

The
procuring entity shall publish an invitation to submit statement of interest,
invitation for prequalification applications, E-TBMQT, E-TBMST on the System
according to the progress and timeframe for the contractor selection in the
approved plan for selection of contractor. The revisions or cancellation of
invitation to submit statement of interest, invitation for prequalification
applications, E-TBMQT, E-TBMST shall only be made before the deadline for
submission of bids, unless there is no any bidder who submits expression of
interest, application for prequalification, E-HSQT, E-HSDST.

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1.
Issuance:

a) The
procuring entity’s documents shall be issued free of charge on the System right
after the invitation to submit statement of interest, invitation for
prequalification applications, E-TBMQT or E-TBMST is successfully published. During
the publishing of invitation to submit statement of interest, invitation for
prequalification applications, E-TBMQT, E-TBMST, the procuring entity shall
attach the following documents:

–
Decision on approval for the
procuring entity’s documents;

–
The approved Documents.

The
investor or the procuring entity is not allowed to issue the paper documents
(EOI request, document on prequalification) to the bidder. In case the investor
or the procuring entity issues the paper documents, the paper documents do not
have their legal validity recognized in order to make and evaluate expression
of interest, application for prequalification.

b) In
case the contents of the procuring entity’s documents published on the System
are different from the approved contents, the procuring entity’s documents
issued on the System shall be the basis for making and evaluation of the
procuring entity’s documents.

2.
Revisions:

a)
Offline selection of contractors: In case of revisions to the EOI request,
document on prequalification after being issued, the procuring entity shall
publish documents in either of the following ways on the System:

–
A decision on revisions,
accompanied by the revisions to EOI request, document on prequalification;

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b)
E-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after
being issued, the procuring entity shall publish the following documents on the
System:

– A
decision on revisions, accompanied by the revisions to E-HSMQT, E-HSMST;

–
Revised E-HSMQT, E-HSMST.

3.
Clarification:

a) A
prospective bidder requiring any clarification of the EOI request or document
on prequalification shall contact the procuring entity through the System
within at least 03 working days before the deadline for submission of
applications;

b) The
procuring entity will publish the response to clarification of EOI request,
document on prequalification on the System within at least 02 working days
before the deadline for submission of applications;

c) The
clarification of EOI request, prequalification document, E-HSMQT, E-HSMST may
not contravene the EOI request, prequalification document which has been
approved. If the procuring entity deems it necessary to revise the EOI request,
prequalification document, E-HSMQT, E-HSMST as a result of a clarification, it shall
do so following the procedure in Clause 2 hereof in conformity with the
timeframe requirement specified in Point m Clause 1 Article 12 of the Law on
Procurement.

Article
15. Shortlist

1.
Time of publishing:

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2.
Attachments:

The
procuring entity shall attach the decision on approval for the shortlist during
the publishing of the shortlist.

Article
16. Invitation to bid, E-TBMST

The
procuring entity shall publish an invitation to bid, E-TBMT on the System
according to the progress and timeframe for the contractor selection in the
approved plan for selection of contractor. The revisions or cancellation of
invitation to bid, E-TBMT shall only be made before the deadline for submission
of bids, unless there is no any bidder who submits bid package, E-HSDT.

Article
17. Issuance, revisions and clarification of bidding document, E-HSMT

1.
Issuance:

a)
During the publishing of invitation to bid, E-TBMT, the procuring entity must
attach the following documents:

–
Decision on approval for
bidding document, E-HSMT;

–
Approved bidding document,
E-HSMT;

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b) In
case the contents of the bidding document, E-HSMT published on the System are
different from the approved contents, the bidding document, E-HSMT issued on
the System shall be the basis for making and evaluation of the bid package,
E-HSDT.

2.
Revisions:

a)
Offline selection of contractors: In case of revisions to the bidding document
after being issued, the procuring entity shall publish documents in either of
the following ways on the System:

–
A decision on revisions,
accompanied by the revisions to the bidding document;

–
A decision on revisions and
the bidding document which has been modified, clearly indicating the revisions.

b)
E-selection of contractors: In case of revisions to E-HSMT after being issued,
the procuring entity shall publish the following documents on the System:

–
A decision on revisions,
accompanied by the revisions to E-HSMT;

–
Revised E-HSMT.

3.
Clarification:

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E-selection
of contractor: A bidder requiring any clarification of E-HSMT shall contact the
procuring entity through the System within at least 03 working days (for
domestic bidding) or 05 working days (for international bidding) before the
deadline for submission of applications for consideration and handling;

b) The
procuring entity will respond to any request for clarification of bidding
documents and publish the response on the System within at least 02 working
days before the deadline for submission of applications;

c) The
clarification of bidding documents, E-HSMT may not contravene the bidding
documents, E-HSMT which has been approved. If the procuring entity deems it
necessary to revise the bidding documents, E-HSMT as a result of a
clarification, it shall do so following the procedure in Clause 2 hereof in
conformity with the timeframe requirement specified in Point m Clause 1 Article
12 of the Law on Procurement and Point c, Clause 2, Article 64 of Decree No.
63/2014/ND-CP;.

d) The
procuring entity may hold a pre-bidding convention to discuss any clarification
required by bidders where necessary. The procuring entity publishes the invitation
to attend the pre-bidding convention on the System. The communication between
the procuring entity and the bidders must be recorded by the procuring entity
and published on the System within a maximum of 02 working days from the end of
the pre-bidding convention.

Article
18. Cancellation, renewal or modification of published information

The
cancellation, renewal or modification of published information shall follow the
User Manual.

Article
19. Result of selection of contractor;

1.
Time of publishing:

The
procuring entity shall publish the result of selection of contractor on the
System within 07 working days from the date on which the result of selection of
contractors is approved.

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a)
Decision on approval for the result of selection of contractor;

b) A
report on evaluation of E-HSDT for e-selection of contractor. Post the
synthesis evaluation report without the scorecards of the members of the expert
group;

c) In
case the estimate of the bidding package is approved throughout the issuance of
the E-HSMT or the plan for selection of contractors has been published when
handling a situation under Clause 8 Article 117 of Decree No. 63/2014/ND-CP,
the procuring entity shall update the estimate and attach the decision on
approval for the estimate.

3.
In case of procurement of
goods, the detailed information on goods items that succeed in bid including
goods items, symbols, description of goods, origin, volume, bid-winning unit
price must be published.

Article
20. Procedure for publishing on the System

The
procedure for publishing of information in Clauses 11, 12, 13, 14, 15, 16, 17
and 19 of this Circular shall follow User Manual.

Section
2. RESPONSIBILITIES OF RELATED PARTIES

Article 21.
Responsibilities of investors

1.
Fulfill responsibilities
specified in Clauses 1, 5, 8, 10 and 13 Article 74 of the Law on Procurement.

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3.
Check and confirm the
publishing of their information on the System.

4.
Manage and take charge of the
distribution of power to the task – specific account corresponding to the role
of the investor; manage the use of digital certificates on the System.

Article
22. Responsibilities of the procuring entity

1.
Fulfill responsibilities
specified in Points a, b, c, d, k Clause 1 and Points a, b, c, dd, e, k Clause
2 Article 75 of the Law on Procurement.

2.
Publish information about the
foreign contractor who succeeds in bid in Vietnam on the System according to
Appendix 7 promulgated together with this Circular. The publishing shall follow
the User Manual. The information shall be sent to the Public Procurement
Agency affiliated to the Ministry of Planning and Investment within 07 working
days from the date of approval for the result of contractor selection as
prescribed in Point c Clause 1 Article 128 of Decree No. 63/2014/ND-CP .

3.
In case of contract package
under international competitive bidding, the procuring entity must publish the
information specified in Articles 13, 15, 16, 18 and 19 of this Circular in
Vietnamese and English.

4.
The procuring entity shall be
responsible for the consistency of the documents published on the System with
the approved documents. In case there is a discrepancy between the documents
published on the System and the approved documents, the documents published on
the System shall prevail.

5.
Monitor and update the information published on the System and responses made
by the System.

6.
Manage and take charge of the
distribution of power to the task – specific account corresponding to the role
of the procuring entity; manage the use of digital certificates on the System.

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1.
Register to join the System
to be approved according to the regulations of Article 7 of this Circular
before the deadline for submission of bids to ensure their eligibility as
prescribed at Point d Clause 1 Article 5 of the Law on Procurement

2.
Fulfill responsibilities
specified in Clauses 1, 2, 3, 4 and 5 Article 77 of the Law on Procurement.

3.
Provide and publish
information on bidding on the System, take responsibility under Article 80 of
the Law on Procurement, Article 7 of Decree No. 63/2014/ND-CP.

4.
Manage participation account
and digital certificate on the System.

Article
24. Responsibilities of the Center, E-GP project management enterprise and
Vietnam Public Procurement Review Journal

1.
The Center shall:

a)
Manage and supervise operation of the System, ensure that the System operates
stably, continuously, safely and securely;

b)
Develop User Manuals; support participation organizations in the process
of online registration, provision and publishing of information, selection of
contractors;

c)
Provide communication, training and guidance to the participation organization;
perform services related to information on bidding, e-selection of contractor.

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2.
E-GP project management
enterprise shall:

a)
Fulfill responsibilities specified in Article 85 of the Law on Procurement;

b)
Ensure safety of information; security of the System’s database;

c)
Ensure the integrity of the documents on the System; prevent unauthorized
access, illegal substitution of documents;

d)
Ensure the safety, security users and manage the profiles of users; ensure that
the System has a mechanism to keep track of time and actions on the System;

dd)
Develop the System that ensures compatibility with other systems and friendly
interface, meets standards in the field of information technology. Develop the
System that is convenient and easy to use for users;

e) Have
a mechanism for management of the risk of the System. Withstand large
information traffic…;

g) Fail
to use information about projects, bid packages, contractors, investors,
procuring entities and other information on the System to serve other purposes
outside of the development and operation of the System;

h)
Ensure that the hardware system meets the requirements

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3.
Vietnam Public Procurement
Review Journal shall:

a)
Review and detect invalid information as prescribed in Clause 6 Article 3 of
this Circular and notify the investor, procuring entity within 01 working day
from the time the investor, procuring entity itself publish information on the
System. The notification shall be done on the System, via email, mobile
application or other communication channels about invalid information for the
investor, procuring entity to correct, complete and re-publish on the System.

b)
Extract the information specified in Articles 13, 15, 16 and 18 of this
Circular for 01 period on the Vietnam Public Procurement Review Journal within
02 working days from the day on which the investor or procuring entity
publishes the information itself on the system as prescribed in Clause 3
Article 8 of Decree No. 63/2014/ND-CP.

4.
In case of any error in the
publishing of information on bidding such as delayed publishing, incorrect
contents or intentionally not publishing information, causing damage to
procuring entities, bidders and investors, the VPPR Journal must publish public
correction in accordance with law on press. Depending on the severity of
errors, relevant organizations and individuals of the VPPR Journal will be
subject to sanctions in accordance with the Law on officials, public employees
and workers and other relevant laws.

Chapter
III

REGULATIONS ON
E-SELECTION OF CONTRACTORS

Article 25.
Preparation, submission, validation, approval for E-HSMQT, E-HSMST, E-HSMT

1.
The procuring entity shall
prepare E-HSMQT, E-HSMST, E-HSMT on the System. After preparation for E-HSMQT,
E-HSMST, E-HSMT, the procuring entity shall submit to the investor for
validation, approval for E-HSMQT, E-HSMST, E-HSMT. The approval for E-HSMQT,
E-HSMST, E-HSMT shall be done offline.

2.
The E-HSMT shall include all
necessary information to serve as a basis for preparation for E-HSDT of the
bidder. In case the investor or the procuring entity publishes E-HSMT with
incomplete information (lack of design, drawings…) or unclear information
causing difficulties for the bidder in preparation for E-HSDT, the E-HSMT is
invalid. The investor or the procuring entity shall amend and supplement the E-HSMT
accordingly and re-publish the E-HSMT.

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4.
Contract package used for
prequalification: If there is any change to the bidder’s qualification between
the E-HSDT and the application for prequalification, the bidder must update
his/her qualification.

5.
In case the E-HSMT contains
contents that restrict the bidders from participation; create advantages for
one or multiple bidders leading unfair competition or violate regulations of
Clause 2, Article 12 of the Decree No. 63/2014/ND-CP stated in Appendix 9
issued with this Circular, the procuring entity, expert group shall not reject
E-HSDT that fails to satisfy these contents.

6.
In case the consultants are
hired to perform the roles of the procuring entity, expert group that are
publishing of information, preparation for the E-HSMQT, E-HSMST, E-HSMT and
evaluation of the E-HSQT, E-HSDST and E-HSDT, the hiring unit shall follow the User
Manual.

Article 26.
Responsibilities of bidders throughout the process of making of bid

1.
The bidder shall be
responsible for the accuracy of information declared on the webform and the
attached documents throughout the process of making of bid. The bidder shall
enter information according to requests of E-HSMQT, E-HSMST, E-HSMT and attach
documents in order to create a set of E-HSQT, E-HSDST and E-HSDT as follows:

a)
Information about the legitimacy of E-HSDT:

–
Bid security: the bidder
shall declare the information and attach a scanned copy of the bid security;

–
Other contents: the bidder
shall only declare the information on webform and not attach scanned copies of
relevant documents;

b)
Information about qualifications:

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–
Requirement for financial
resource: the bidder shall declare information. In case the bidder uses the
commitment to provide credit in order to prove financial resource, in addition
to compulsory declaration of information, the bidder shall attach a scanned
copy of commitment to provide credit;

–
Annual revenue, net asset
value: from 2021 onwards, the System shall automatically extract the figures on
financial statement the National Enterprise Registration Information System,
the Electronic Tax System to the file of the bidder’s qualification;

–
Other contents: the bidder
shall only declare the information on webform and not attach scanned copies of
relevant documents;

Figures
on financial statement from 2021 onwards: in case the bidder discovers that the
System has not updated the figures according to the figures of the Electronic
Tax System from 2021 onwards, the bidder shall modify the figures in conformity
with the figures reported to the tax authority. In case, the figures updated or
modified by the bidder on the System are not consistent with the figures on the
Electronic Tax System leading to the misleading results of contractor
selection, it shall be considered fraud as prescribed in Clause 4, Article 89
of the Law on Procurement.

2.
The bidder shall be
responsible for research on E-HSMQT, E-HSMST, E-HSMT for the contract packages
that the bidder concerns about to prepare E-HSQT, E-HSDST, E-HSDT in conformity
with the requirements of E-HSMQT, E-HSMST, E-HSMT. In case it is discovered
that the E-HSMT, E-HSMST and E-HSMT contain unclear contents causing
difficulties for the bidder in preparation for the E-HSQT, E-HSDST and E-HSDT,
the bidder shall request the procuring entity to clarify the E-HSMQT, E-HSMST
and E-HSMT for the investor and the procuring entity to amend and supplement
these documents accordingly.

3.
The bidder shall be
responsible for monitoring and updating information on the System for the
contractor package that the bidder concerns about or makes. In case of any
errors arising due to failure to monitor and update information on the System
leading to disadvantages for bidder throughout the process of making of bid,
including: change or modification of E-HSMQT, E-HSMST, E-HSMT, time of
submission of E-HSQT, E-HSDST, E-HSDT, time of clarification of E-HSQT,
E-HSDST, E-HSDT, time of negotiation of contract and other contents, the bidder
shall take responsibility and suffer from disadvantage throughout the process
of making of bid .

4.
In case the legal
representative of the bidder authorizes the branch director, the director of
dependent subsidiary company, the director of the factory… to perform the tasks
throughout the process of making of bid, the participation account of the
bidder shall be used to make the bid. The participation account of the branch,
the dependent subsidiary company and the factory shall not be used to make the
bid in this case. If the participation account of the branch or the dependent
subsidiary company is used to make the bid, the bidder shall be considered as
ineligibility as prescribed in Clause 1, Article 5 of the Law on Procurement.

Article
27. Licence to sell goods and samples

1.
Licence to sell goods:

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b) With
regard to particular and complex goods of which the contract for procurement
binds manufacturers to furnish after-sale services such as warranty,
maintenance, repair and provision of components or spare parts, technical
support services as well as other relevant services, the E-HSMT shall lay down
requirements to which bidders are obliged to provide the manufacturer’s license
to sell goods

In case
the E-HSMT lays down specific requirements for the licence to sell goods
(manufacturer’s license to sell goods or commitment to technical support or
warranty…) the bidder shall only show one of the following documents before
signing the contract including: a license to sell goods of the manufacturer or
the dealer authorized to sell goods; a partnership certificate; a
manufacturer’s commitment to technical support or warranty or other equivalent;

c) The
failure to attach one of the documents specified at point b of this clause is
not the reason for the rejection of the bidder. The bidder shall be reviewed,
evaluated and considered for success in bid. In case of winning the bid, the contractor
shall show one of these documents before signing the contract.

2.
Samples:

The
E-HSMT shall not lay down requirements for samples; if it is necessary to lay
down requirements for samples for the purpose of technical evaluation, the
investor shall submit it to the competent person for consideration and
decision. The report shall clearly state the reason for the requirements for
samples. The investor, the procuring entity shall ensure that the requirements
for the provision of samples fail to cause increase in the cost of the contract
package, restrict the bidders from participation or create advantages for one
or multiple bidders leading unfair competition. In case the E-HSMT lays down
requirements for the provision of samples, the bidders shall submit additional
samples within 05 working days after the deadline for submission of bids.

Article
28. Certificate of capacity for construction of works

In case
of contract package of works, the bidder can attach the certificate of capacity
for construction of works or not attach this certificate in the E-HSDT, even if
the E-HSMT lays down requirements for certificate of capacity for construction
of works. The failure to attach the certificate of capacity for construction of
works is not a reason for the rejection of the bidder. E-HSDT of the bidder
shall be reviewed, evaluated and considered for success in bid. In case of
winning the bid, the contractor shall show the certificate of capacity for
construction of works before signing the contract.

Article
29. Regulations on commitments, principle contracts

In case
the E-HSMT lays down requirements for commitment, principle contract for rental
of equipment, provision of main materials, warranty, repair and maintenance
that fail to be attached to E-HSDT, the procuring entity shall request the
bidder to clarify the E-HSDT, supplement documents within the suitable time
that is no less than 03 working days to serve as the basis for evaluation of
the E-HSDT.

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1.
Requirements for key
personnel;

a)
Contract package of procurement of goods

–
In case of provision of
goods, E-HSMT shall not lay down requirements for mobilization of key
personnel;

–
In case of common and
available-at-market goods that do not require highly-qualified personnel to
perform relevant services, E-HSMT shall not lay down requirements for key
personnel;

–
In case of particular and
complex services that require the personnel who have qualification, knowledge
and experience, E-HSMT may lay down requirements for mobilization of key
personnel to perform particular and complex works. In case of requirements for
mobilization of key personnel, the written request for approval for E-HSMT
shall clearly state the reasons for the investor to consider and decide. The
investor and procuring entity shall ensure that the requirements for
mobilization of key personnel fail to restrict the bidders from participation;
create advantages for one or multiple bidders leading unfair competition.

b)
Contract package of works:

According
to the scale and nature of the contract package and the Law on Construction,
the investor shall lay down appropriate requirements for key personnel in the
E-HSMT. E-HSMT shall not lay down requirements for key personnel for positions
that the Law on Construction fails to have any requirement for standards;
general engineering, engineering workers, manual labor.

c)
Contract package of non-consultancy service;

In case
of contract package of non-consultancy service that does not require
highly-qualified personnel, E-HSMT shall not lay down requirements for key
personnel. In case of non-consultancy service with particular and complex
elements that requires the personnel who have qualification, knowledge and
experience, E-HSMT may lay down requirements for mobilization of key personnel
to perform particular and complex works. In case of requirements for
mobilization of key personnel, the written request for approval for E-HSMT
shall clearly state the reasons for the investor to consider and decide. The
investor and procuring entity shall ensure that the requirements for
mobilization of key personnel fail to restrict the bidders from participation;
create advantages for one or multiple bidders leading unfair competition.
E-HSMT shall not lay down requirements for engineering workers, manual labor.

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2.
Requirements for main
equipment (contract package of non-consultancy service (if any), or works);

a)
According to the scale and nature of the contractor package, the procuring
entity shall lay down appropriate requirements for the main equipment
(quantity, type, function, capacity…);

b) In
case the equipment declared by the bidder in the E-HSDT does not meet the
requirements of the E-HSMT, the procuring entity shall let the bidder clarify,
change or supplement the equipment to meet the requirements of the E-HSMT
within the suitable time that is no less than 03 working days. In case of each
equipment that does not meet requirements, the bidder shall be allowed to
replace the equipment once. In case the bidder does not have equipment to
replace according to the requirements of the E-HSMT, the bidder will be rejected.

3.
In case of winning the bid
and signing the contract, the contractor shall be obliged to mobilize personnel
and equipment according to the original proposal or proposal for change under
the regulations of Point d Clause 1 and Point b Clause 2 of this Article. In
case of failure to mobilize personnel, equipment, the contractor shall be
subject to penalties according to the contract and assessed on its reputation
when participating in other contractor packages.

4.
In all cases, if the bidder
declares personnel and equipment in an untruthful manner, the bidder must not
replace other personnel and equipment as prescribed at Point d Clause 1 and
Point b Clause 2 of this Article. The E-HSDT of the bidder shall be rejected.
It shall be considered as fraud according to the regulations of Clause 4,
Article 89 of the Law on Procurement. The bidder shall be sanctioned according
to the provisions of Clause 1, Article 122 of Decree No. 63/2014/ND-CP.

Article
31. Bid opening via e-selection of contractors

1.
Contract packages under
single-stage and one-envelope bidding procedure:

The
procuring entity must open the bid and publicize the bid opening record on the
System within 2 hours from the deadline for submission of bids.

2.
Contract packages under
single-stage and two-envelope bidding procedure:

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b) After
issuance of the decision on approval for the list of bidders who meet the
technical requirements, the procuring entity shall publish this list on the
System and attach a scanned copy of the document on approval for the list of
bidders who meet the technical requirements on the System. After successful
publishing, the System shall send a notification to the bidders participating
in the contract packages;

c) After
publishing the list of bidders who meet the technical requirements, the
procuring entity shall open E-HSDXTC of the bidders of the list and publicize
the E-HSDXKT opening record on the System

Article 32. Evaluation
of E-HSDT

1.
Process of evaluation of
E-HSDT:

a)
Process 01: all contract packages

–
Evaluate the legitimacy of
E-HSDT;

–
Evaluate qualifications;

–
Evaluate technical aspects;

–
Evaluate finance.

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–
According to the bid opening
record, the System shall automatically rank bidder according to the lowest bid
price (without approving the list of ranked bidders in this case);

–
Evaluate the legitimacy of
E-HSDT of the first-ranked bidder;

–
Evaluate qualifications of
the first-ranked bidder;

–
Evaluate technical aspects of
the first-ranked bidder;

If the
first-ranked bidder is considered unresponsive, the second-ranked bidder will
thereafter be evaluated using the above steps.

c) In
case of contract package under single-stage and one-envelope bidding procedure,
according to E-HSDT submitted by the bidders on the System and the method of
evaluation of E-HSDT specified in the E-HSMT, the procuring entity may choose
one of the two processes specified at Points a and b of this Clause to evaluate
the E-HSDT. The E-HSDT shall only be evaluated under the process 02 if all the
conditions specified at Point b of this Clause are fully satisfied.

2.
Principle of evaluation of
E-HSDT:

a) The
evaluation of the E-HSDT shall be made according to the criteria for evaluation
of the E-HSDT and other requirements in the E-HSMT, E-HSMT clarification
documents, submitted E-HSDT, documents on explanation and clarification of
E-HSDT of the bidder to ensure that the selected contractor has qualification
with feasible solutions to implement the contract package;

b) After
selection of shortlist, in case the bidder changes his/her eligibility to
participate in bidding, the bidder shall send a written request to the
procuring entity for consideration and approval. In case of being approved by
the procuring entity, the bidder shall attach documents that prove the bidder’s
qualification in the E-HSDT according to the new eligibility to participate in
bidding;

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d) Bid
security: in case the information declared on the webform is not consistent
with the information in the attached file, the information in the attached file
shall be the basis for evaluation;

dd)
Similar contract: in case the information about the contract declared on the
webform is not consistent with the file proving the information about that
contract, the procuring entity shall request the bidder to clarify the E-HSDT;

In case
the contracts declared and attached by the bidder in the E-HSMT fail to meet
the requirements of the E-HSMT, the procuring entity shall request the bidder
to clarify and supplement another contract from the document on the bidder’s
qualification on the System in order to meet the requirements of E-HSMT within
the suitable time that is no less than 03 working days. In case the bidder does
not have contract to meet the requirements of the E-HSMT, the bidder will be
rejected.

e)
Origin of goods: the information declared on the webform is not consistent with
the information in the attached file, the procuring entity shall request the
bidder to clarify E-HSDT;

g) Other
contents that are not mentioned at Points d, dd and e of this Clause: in case
the information declared on the webform is not consistent with the information
in the attached file, the information declared on the webform shall be the basis
for consideration and evaluation;

h) As
for financial evaluation: if the bidder fails to declare information in the
form on incentives for domestical goods (contract package of procurement of
goods) to serve as a basis for calculation of incentives, the bidder shall not
be entitled to incentives;

i) The
bidder who is invited to negotiate the contract shall prepare documents to
compare and prove the information declared by the bidder in the E-HSDT. In case
the contents of legitimacy, previous contract non-fulfillment records due to
the bidder’s fault, fulfillment of tax obligations, average annual revenue and
net asset value have been automatically evaluated by the System as
“passed” according to the information declared and extracted in the
E-HSDT, but the expert group re-evaluates as “failed”, the expert
group shall change the result of evaluation from “passed” to
“failed”. In this case, the procuring entity shall invite the next
ranked bidder to negotiate the contract without re-approving the ranked list.
With regard to information on the fulfillment of tax obligations, average
annual revenue and net asset value from 2021 onwards, the procuring entity
shall only compare if the bidder updates the information without comparison in
case the above information is automatically extracted by the System from
National Enterprise Registration Information System, the Electronic Tax System.

3.
In case, there is only a
bidder participating in bidding or a bidder passing the technical evaluation,
it is not necessary to determine the evaluated price (contract package applying
the method of evaluated price), the total score (contract package applying the
method of combining technique with price), incentives or approve the list of
ranking of bidders.

4.
After evaluation of the
E-HSDT, the leader of the expert group shall attach a scanned copy of the
E-HSDT evaluation report (signed by all members of the expert group) to the
System. The leader of expert group shall be responsible for the consistency of
the scanned copy of the E-HSDT evaluation report attached to the System with
the written paper of E-HSDT evaluation report signed by the members of the
expert group.

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Article
33. Submission, validation, approval for the result of selection of contractors

1.
The procuring entity shall
make report according to Appendix 4 issued with this Circular and submit the
report and the E-HSDT evaluation report to the investor for approval of the
result of selection of contractors.

2.
The investor shall approve
the result of selection of contractors according to submissions, reports on
evaluation of E-HSDT, reports on validation of the result of selection of
contractors.

Article
34. The time limit for preparation for E-HSDT in case of e-competitive bidding
for contract package under case of direct contracting and contract package of
simple consultancy service.

1.
Contract package under case
of direct contracting according to regulations of Clause 1 Article 22 of the
Law on Procurement: if the person competent decides to apply e-competitive
bidding, the time limit for preparation for E-HSDT shall be 10 days.

2.
In case of contract package
of simple consultancy service applying the lump-sum contract, the time limit
for preparation for E-HSDT of shall be 10 days.

Article
35. E-bidding for provision of drugs

1.
The procuring entity shall
prepare E-HSMT with the following contents:

a) The
contents of the E-HSMT on the webform shall contain: Data sheet, Letter of bid,
joint venture or consortium agreement (if any), Schedule “Bid price and
Table of scope of provision, progress in provision and technical requirements
of drugs”.

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2.
E-HSMT shall be prepared
according to the webforms mentioned at Point a, Clause 1 of this Article and
the regulations of Circular No. 15/2019/TT-BYT. The evaluation of the E-HSDT
shall be made according to the criteria for evaluation of the E-HSDT and other
requirements in the E-HSMT, submitted E-HSDT, documents on explanation and
clarification of E-HSDT of the bidder to ensure that the selected contractor
has qualification with feasible solutions to implement the contract package;

3.
After preparation for E-HSMT,
the procuring entity shall print E-HSMT and submit it to the investor for
appraisal and approval. The procuring entity shall be responsible for the
consistency between the contents of approved E-HSMT and contents of E-HSMT on
the System. In case, there is difference between the contents of approved
E-HSMT and contents of E-HSMT on the System, the contents of E-HSMT on the
System shall be the basis for preparation and evaluation of the E-HSDT.

4.
E-HSMT shall be issued free
of charge on the System. The issue procuring entity shall not issue the bidding
documents in form of paper documents to bidders. If the procuring entity issues
the paper document to the bidder, the document does not have its legal validity
recognized in order to make and evaluate bid package. The procuring entity
shall pay fees as prescribed in Circular No. 06/2021/TT-BKHDT.

5.
In case, it is necessary to
revise the E-HSMT, the procuring entity shall log in and directly edit E-HSMT
on the System after the contents of E-HSMT have been approved by the investor.

6.
In case there is difference
between the information in the attached file of E-HSMT issued on the System and
the information in the webform, the information in the webform shall be the
basis for preparation and evaluation of E-HSDT.

7.
The bidder shall make the
schedule of bid price according to the webform, commitment to the contents of
letter of bid created by the System on the System. In case of joint venture or
consortium agreement, it shall be made on the System. The remaining contents of
E-HSDT shall be attached by the bidder to the System. In case there is
difference between the information on the webform and the information in the
attached file of E-HSDT, the information on the webform shall be the basis for
evaluation of E-HSDT.

8.
In case the regulations of
this Article, Form No. 7A, Form No. 7B issued together with this Circular are
not consistent with the remaining regulations of this Circular, the regulations
of this Article and Form No. 7A, Form No. 7B issued together with this Circular
shall be applied.

Chapter IV

PROCEEDS FROM NON-RETURNABLE BID SECURITY
AND PERFORMANCE SECURITY

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In case
the bidder violates regulations of Law on Procurement, which makes their bid
security or performance security non-returnable as prescribed in Clause 8
Article 11 and Clause 5 Article 66 of the Law on Procurement, the proceeds from
non-returnable bid security or performance security shall be used as follows:

1.
In case of projects and
packages funded by state budget, these proceeds shall be transferred to the
state budget according to the provisions of law on the state budget.

2.
In case of projects and
packages not funded by state budget, these proceeds shall be used according to
the investor’s financial regulations.

3.
In cases where the procuring
entity is a hired consulting unit, this proceed must be returned to the
investor. The investor shall use this proceed according to the provisions of
Clauses 1 and 2 of this Article.

Chapter V

IMPLEMENTATION

Article 37. Roadmap
for application of e-selection of contractors

1.
In 2022:

a) Hold
e-selection of contractors for all (100%) packages applying competitive
bidding, shopping method in the fields of goods, non-consulting services, and
consulting services with the package price not exceeding 10 billion VND and in
the field of construction works with the package price not exceeding 20 billion
VND, except for mixed packages and contract packages under two-stage
one-envelope, two-stage and two-envelope bidding procedure;

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c) Hold
e-selection of contractors for all (100%) bidding packages applying competitive
bidding, shopping method funded by state capital for procurement in order to
maintain regular operations of regulatory agencies, political organizations,
and socio-political organizations, socio-political-professional organizations,
socio-professional organizations, social organizations, units of the people’s
armed forces, public service providers; except for mixed packages and contract
packages under two-stage one-envelope, two-stage and two-envelope bidding
procedure.

2.
In 2023:

a) Hold
e-selection of contractors for all (100%) packages applying competitive
bidding, limited bidding and shopping method in the fields of goods, drugs,
construction works, non-consulting services, and consulting services with the
package price not exceeding 200 billion VND except for mixed packages and
contract packages under two-stage one-envelope, two-stage and two-envelope
bidding procedure;

b) The
holding of e-selection of contractors in the year shall ensure that the total
number of packages reaches at least 90% of the number of packages and total
value of packages reaches at least 80% of the total value of packages applying
the form of competitive bidding, limited bidding and shopping method, except
for mixed packages and contract packages under two-stage one-envelope,
two-stage and two-envelope bidding procedure

3.
From 2024 onwards:

a) Hold
e-selection of contractors for all (100%) packages applying competitive
bidding, limited bidding and shopping method in the fields of goods, drugs,
construction works, non-consulting services, and consulting services with the
package price not exceeding 500 billion VND except for mixed packages and
contract packages under two-stage one-envelope, two-stage and two-envelope
bidding procedure;

b) The
holding of e-selection of contractors in the year shall ensure that the total
number of packages reaches at least 95% of the number of packages and total
value of packages reaches at least 90% of the total value of packages applying
the form of competitive bidding, limited bidding and shopping method, except
for mixed packages and contract packages under two-stage one-envelope,
two-stage and two-envelope bidding procedure;

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1.
Approved contract package
that applies e-selection of contractors and E-HSMT of which has been prepared
in accordance with the regulations of Circular No. 04/2017/TT-BKHDT, Circular
No. 05/2020/TT-BKHDT:

a) In
case of contract package E-HSMT of which has been published on the System
before the effective date of this Circular, the contractor selection shall be
carried out according to the published E-HSMT and regulations of the governing
law. In this case, the bid opening, publishing of information throughout the
process of contractor selection on the System at http://muasamcong. mpi.gov.vn
shall use the specialized digital certificate issued by the Center;

b) In
case of contract package E-HSMT of which has not been prepared or has been
prepared and approved without being published on the System, the E-HSMT shall
be revised and re-approved according to the regulations of this Circular.

2.
Approved contract package
that fails to apply e-selection of contractors:

a)
In case of contract package the bidding document of which has been published on
the System before the effective date of this Circular, the contractor selection
shall be carried out according to the issued E-HSMT and regulations of the
governing law.

b) In
case of contract package the bidding document of which has not been prepared or
has been prepared and approved before the effective date of this Circular
without being published on the System, the bidding document shall be revised
and re-approved as prescribed in Clause 8, Article 39 of this Circular.

3.
Shortlisting:

a) In
case of contract package EOI request and prequalification document of which
have been issued before January 1, 2023, the shortlisting shall be made in
accordance with the issued documents and regulations of the governing law;

b) From
January 1, 2023, if the approved contract package fails to apply the online
shortlisting and its EOI request and prequalification document has not been
issued, the online shortlisting shall be organized in accordance with the
provisions of this Circular. In this case, the competent person shall not revise
the plan for selection of contractors.

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a) In
case of contract package the bidding document of which has been issued before
January 1, 2023, the contractor selection shall be carried in accordance with
the issued bidding document and regulations of the governing law;

b) From
January 1, 2023, if the approved contract package fails to apply e-selection of
contractors and its bidding document has not been issued, e-selection of
contractor shall be carried in accordance with the regulations of this
Circular. In this case, the competent person shall not revise the plan for
selection of contractors.

5.
From the effective date of
this Circular, if the approved bidding package fails to apply e-selection of
contractors and its bidding document has not been issued, the e-selection of
contractors shall be carried according to roadmap for application of
e-selection of contractors specified in Article 37 of this Circular.

In all
situations, in case of change of the form of selection of contractors from
“offline” to “online”, the investor shall not submit the plan for selection of
contractors to the competent person for approval and adjustment. The investor
shall proactively conduct and adjust the form of selection of contractors on the
System from “offline” to “online”. The process of adjustment shall follows
the User Manual.

Article
39: Entry into force

1.
This Circular comes into
force as of August 01, 2022.

2.
From the effective date of
this Circular, the following circulars will expire:

a)
Circular No. 01/2015/TT- BKHDT dated February 14, 2015 of the Minister of
Planning and Investment of Vietnam on making of requests for expression of
interest, invitation to bid, request for proposals for consulting services

b)
Circular No. 03/2015/TT- BKHDT dated May 06, 2015 of the Minister of Planning
and Investment of Vietnam on specifying preparation of invitation to bid on
construction works;

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d)
Circular No. 14/2016/TT- BKHDT dated September 29, 2016 of the Minister of
Planning and Investment of Vietnam on guidelines for Bidding Documents for
Procurement of Non-consulting Services;

dd)
Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Minister of
Planning and Investment of Vietnam on guidelines for selection of bidders
through national bidding network system.

e)
Circular No. 05/2018/TT-BKHDT dated October 12, 2018 of the Minister of
Planning and Investment of Vietnam on guidelines for reports on bid evaluation
concerning contract packages associated with selection of preferred bidders on
national bidding network.

g)
Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of
Planning and Investment of Vietnam elaborating online provision and publishing
of information on bidding, roadmap for application of e-selection of preferred
bidders and management and use of non-returnable bid security and performance
security.

h)
Circular No. 05/2020/TT-BKHDT of the Minister of Planning and Investment of
Vietnam dated June 30, 2020 on amendments to certain articles of Circular No.
04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and
Investment on guidelines for selection of bidders through national bidding
network system.

2.
In case of contract package
applying the shortlisting, contract packages of procurement of drugs, the
online prequalification, invitation for interest and procurement of drugs in
accordance with this Circular shall be carried from January 1, 2023.

3.
In case, the information in
the process of contractor selection must be kept confidential and not be
published on the System, the competent person shall decide publishing of
information throughout the process of contractor selection.

4.
Particular contract package:
in case of application of regulations of the form of E-HSMT issued together
with this Circular, there is no any bidder who meets the requirements for
average annual revenue or similar contract. In this case, the procuring entity
shall adjust these requirements according to the following principles:

a) The
adjustments to requirements for average annual revenue and similar contract
that are different from the regulations of forms of E-HSMT shall ensure that
the division of contract packages is reasonable and the scale of contract
packages is not too large to restrict competition;

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c) In
all cases, the investor shall ensure failure to restrict the bidders from
participation. The selected contractors shall have qualification to implement
the contract packages.

5.
Contract packages of
procurement of drugs: in case of technical difficulties in e- selection of
contractors, the Ministry of Planning and Investment shall be responsible for
providing guidance. The Ministry of Health shall be responsible for providing
guidance on handling of problems regarding the implementation of Circular No.
15/2019/TT-BYT.

6.
The figures on annual
financial statement of the bidders shall be shared from the National Enterprise
Registration Information System and the Electronic Tax System.

7.
In the cases where any of the
legislative documents referred to in this Circular is amended or replaced, the
newest one shall apply.

8.
From the effective date of
this Circular, when preparing the bidding documents for e- selection of
contractors, the investor and the procuring entity shall apply the forms of
E-HSMT issued together with this Circular in accordance with the Law on
Procurement , Decree No. 63/2014/ND-CP.

9.
Every year, the Ministry of
Planning and Investment of Vietnam shall provide guidance on the provision and
publishing of information on bidding on the System and Vietnam Public
Procurement Review Journal in accordance with the Tet and holiday schedule as
notified by the Ministry of Labor, War Invalids and Social Affairs of Vietnam.

10.
According to actual condition, Public Procurement Agency of the Ministry of
Planning and Investment may make necessary revisions to webforms on the System
to enable entities to select bidders online so as to simplify administrative
procedure, promote the competition, equity, transparency and economic
efficiency in bidding, and ensure the effectiveness of the roles of regulatory
agencies in bidding.

11.
In case of difficulties that
arise during the implementation of this Circular, the Ministries,
ministerial-level agencies, governmental agencies, other central agencies, the
People’s Committees at all levels, state economic corporation, state
corporations and relevant organizations and individuals shall send comments to
the Ministry of Planning and Investment for prompt consideration and guidance.

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MINISTER

Nguyen Chi Dung