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Circular 06/2024/TT-BKHDT
Instructions for submitting and posting bidder selection and bidding document templates on the National Bidding System
| Subject | Ministry of Planning and Investment | Code | 06/2024/TT-BKHĐT |
| Category | Circulars | Signer | Nguyễn Chí Dũng |
| Area | Đấu thầu | Publtime | 26/04/2024 |
| Startvalid | 26/04/2024 | ||
| MINISTRY OF PLANNING AND INVESTMENT No: 06/2024/TT-BKHDT | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 26, 2024 |
CIRCULAR
1. Publishing Time:
Information on the master Bidder selection plan and Bidder selection plan is posted by investors on the System as stipulated in point a, clause 1, and clause 4, Article 8 of the Law on Bidding and clause 6, Article 14 of Decree No. 24/2024/ND-CP.
2. When posting the master Bidder selection plan, investors attach the documents as the basis for preparing the master Bidder selection plan as stipulated in clause 2, Article 14 of Decree No. 24/2024/ND-CP. For the Bidder selection plan, basic project information is posted simultaneously with the Bidder selection plan.
3. For packages with approved estimates after the approval of the Bidder selection plan as stipulated in clause 2, Article 131 of Decree No. 24/2024/ND-CP, the approved estimates must be posted on the System at least 5 days before the bid closing time.
4. Attached Documents: Investors must attach the decision approving the master Bidder selection plan and the Bidder selection plan when posting the master Bidder selection plan and the Bidder selection plan.
Article 13. Notice of Invitation for Interest, Notice of Prequalification, E-TBMQT, E-TBMST
Guidelines for Providing and Posting Information on Bidder Selection
and
Bidding Document Templates on the National E-Bidding System
Pursuant to the Law on Bidding dated June 23, 2023;
Pursuant to Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government detailing the implementation of the Law on Bidding on Bidder selection;
Pursuant to Decree No. 130/2018/ND-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions on digital signatures and digital signature authentication services;
Pursuant to Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on enterprise registration;
Pursuant to Decree No. 89/2022/ND-CP dated October 28, 2022 of the Government defining the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
At the proposal of the Director General of the Procurement Management Department,
The Minister of Planning and Investment issues the Circular guiding the provision and posting of information on Bidder selection and tender document templates on the National E-Procurement System.
Pursuant to Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government detailing the implementation of the Law on Bidding on Bidder selection;
Pursuant to Decree No. 130/2018/ND-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions on digital signatures and digital signature authentication services;
Pursuant to Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on enterprise registration;
Pursuant to Decree No. 89/2022/ND-CP dated October 28, 2022 of the Government defining the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
At the proposal of the Director General of the Procurement Management Department,
The Minister of Planning and Investment issues the Circular guiding the provision and posting of information on Bidder selection and tender document templates on the National E-Procurement System.
Chapter I.
GENERAL PROVISIONS
Article 1. Scope of Adjustment
This Circular guides the provision and posting of information on Bidder selection and tender document templates, including:
1. Templates for developing, appraising, and approving the master plan for Bidder selection, Bidder selection plans for projects, and procurement estimates as prescribed in Articles 1 and 2 of the Law on Bidding;
2. Bidding document templates on the National E-Bidding System for packages of consulting services, non-consulting services, goods (excluding pharmaceuticals), and construction works under the scope of the Law on Bidding, organized through open bidding, restricted bidding, and competitive offers within the country using the one-stage one-envelope method and the one-stage two-envelope method.
1. Templates for developing, appraising, and approving the master plan for Bidder selection, Bidder selection plans for projects, and procurement estimates as prescribed in Articles 1 and 2 of the Law on Bidding;
2. Bidding document templates on the National E-Bidding System for packages of consulting services, non-consulting services, goods (excluding pharmaceuticals), and construction works under the scope of the Law on Bidding, organized through open bidding, restricted bidding, and competitive offers within the country using the one-stage one-envelope method and the one-stage two-envelope method.
Article 2. Applicable entities
1. Organizations and individuals involved in bidder selection within the scope specified in Article 1 of this Circular.
2. Organizations and individuals involved in bidder selection outside the scope specified in Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the process follows the User Guide on the National E-Bidding System.
Article 3. Interpretation of Terms
2. Organizations and individuals involved in bidder selection outside the scope specified in Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the process follows the User Guide on the National E-Bidding System.
Article 3. Interpretation of Terms
1. The National E-Bidding System (hereinafter referred to as the System) is an information technology system established and managed by the Ministry of Planning and Investment under the provisions of Clause 18, Article 4 of the Law on Bidding, accessible at https://muasamcong.mpi.gov.vn.
2. The National Enterprise Registration Information System is a professional information system on enterprise registration as stipulated in Clause 2, Article 3 of Decree No. 01/2021/ND-CP.
3. The abbreviations in this Circular and on the System include:
a) E-TBMST: Online Prequalification Notice;
b) E-TBMQT: Online Expression of Interest Notice;
c) E-TBMT: Online Tender Notice;
d) E-HSMQT: Online Expression of Interest Document;
e) E-HSQT: Online Prequalification Document;
f) E-HSMST: Online Prequalification Document;
g) E-HSDST: Online Prequalification Submission;
h) E-HSMT: Online Bidding document for open bidding, restricted bidding, and competitive offers;
i) E-HSDT: Online Bid Submission for open bidding, restricted bidding, and competitive offers;
k) E-HSĐXKT: Online Technical Proposal;
l) E-HSĐXTC: Online Financial Proposal.
4. Electronic documents are documents and information successfully sent, received, and stored on the System, including:
a) Project information;
b) Master bidder selection plans; bidder selection plans;
c) E-TBMQT, E-TBMST, E-TBMT, tender notices, prequalification notices, expression of interest notices;
d) Shortlist;
e) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, expression of interest documents, prequalification documents, Bidding documents; clarifications of E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, expression of interest documents, prequalification documents, Bidding documents;
f) Joint venture agreements;
g) Bid opening minutes, E-HSĐXKT opening minutes, E-HSĐXTC opening minutes;
h) Evaluation reports for E-HSQT, E-HSDST, E-HSDT;
i) Bidder selection results;
k) Objection content regarding bidder selection results and issues related to the online bidder selection process;
l) Other electronic documents exchanged on the System.
5. Invalid information is information posted by the subjects stipulated in Article 2 of this Circular on the System that does not comply with the provisions of the bidding law and other relevant laws.
6. Digital certificates used on the System are public digital certificates issued by public digital signature authentication service providers or digital certificates issued by government-specific digital signature authentication service providers.
7. User Guide is an electronic document posted on the System to guide users in conducting transactions on the System.
8. Organizations participating in the System include agencies, organizations, and individuals registered to participate in the System with one or more roles as follows:
a) Project owners;
b) Procuring entities;
c) Bidders (individuals, groups of individuals participating in individual consulting packages; individuals, groups of individuals involved in innovative startup packages for goods procurement; organizations; business households);
d) Bidding management units;
e) Training institutions for bidding;
f) Manufacturer sector (manufacturers, representative offices, agents of manufacturers) registering to participate in the System to provide feedback on information reflected by Bidders.
9. System participation accounts are accounts issued by the National E-Procurement Center to organizations participating in the System to perform one or more roles stipulated in Clause 8 of this Article.
10. Operational accounts are accounts created by System participation accounts to perform operations on the System.
11. The e-GP project enterprise is the National E-Bidding System Investment and Development Company Limited, established by the Investor (FPT Information System Company Limited) as per the provisions of the e-GP BOT Project Contract. The e-GP project enterprise and the National E-Procurement Center (hereinafter referred to as the Center) perform the responsibilities of the system operating organization stipulated in Article 52 of the Law on Bidding.
12. The e-GP BOT project contract is the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information System Company Limited) to invest, design, build, operate, maintain, upgrade, and transfer the National E-Bidding System under the public-private partnership model.
Article 4. Application of Bidding document Templates and Appendices
2. The National Enterprise Registration Information System is a professional information system on enterprise registration as stipulated in Clause 2, Article 3 of Decree No. 01/2021/ND-CP.
3. The abbreviations in this Circular and on the System include:
a) E-TBMST: Online Prequalification Notice;
b) E-TBMQT: Online Expression of Interest Notice;
c) E-TBMT: Online Tender Notice;
d) E-HSMQT: Online Expression of Interest Document;
e) E-HSQT: Online Prequalification Document;
f) E-HSMST: Online Prequalification Document;
g) E-HSDST: Online Prequalification Submission;
h) E-HSMT: Online Bidding document for open bidding, restricted bidding, and competitive offers;
i) E-HSDT: Online Bid Submission for open bidding, restricted bidding, and competitive offers;
k) E-HSĐXKT: Online Technical Proposal;
l) E-HSĐXTC: Online Financial Proposal.
4. Electronic documents are documents and information successfully sent, received, and stored on the System, including:
a) Project information;
b) Master bidder selection plans; bidder selection plans;
c) E-TBMQT, E-TBMST, E-TBMT, tender notices, prequalification notices, expression of interest notices;
d) Shortlist;
e) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, expression of interest documents, prequalification documents, Bidding documents; clarifications of E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, expression of interest documents, prequalification documents, Bidding documents;
f) Joint venture agreements;
g) Bid opening minutes, E-HSĐXKT opening minutes, E-HSĐXTC opening minutes;
h) Evaluation reports for E-HSQT, E-HSDST, E-HSDT;
i) Bidder selection results;
k) Objection content regarding bidder selection results and issues related to the online bidder selection process;
l) Other electronic documents exchanged on the System.
5. Invalid information is information posted by the subjects stipulated in Article 2 of this Circular on the System that does not comply with the provisions of the bidding law and other relevant laws.
6. Digital certificates used on the System are public digital certificates issued by public digital signature authentication service providers or digital certificates issued by government-specific digital signature authentication service providers.
7. User Guide is an electronic document posted on the System to guide users in conducting transactions on the System.
8. Organizations participating in the System include agencies, organizations, and individuals registered to participate in the System with one or more roles as follows:
a) Project owners;
b) Procuring entities;
c) Bidders (individuals, groups of individuals participating in individual consulting packages; individuals, groups of individuals involved in innovative startup packages for goods procurement; organizations; business households);
d) Bidding management units;
e) Training institutions for bidding;
f) Manufacturer sector (manufacturers, representative offices, agents of manufacturers) registering to participate in the System to provide feedback on information reflected by Bidders.
9. System participation accounts are accounts issued by the National E-Procurement Center to organizations participating in the System to perform one or more roles stipulated in Clause 8 of this Article.
10. Operational accounts are accounts created by System participation accounts to perform operations on the System.
11. The e-GP project enterprise is the National E-Bidding System Investment and Development Company Limited, established by the Investor (FPT Information System Company Limited) as per the provisions of the e-GP BOT Project Contract. The e-GP project enterprise and the National E-Procurement Center (hereinafter referred to as the Center) perform the responsibilities of the system operating organization stipulated in Article 52 of the Law on Bidding.
12. The e-GP BOT project contract is the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information System Company Limited) to invest, design, build, operate, maintain, upgrade, and transfer the National E-Bidding System under the public-private partnership model.
Article 4. Application of Bidding document Templates and Appendices
1. Templates for developing, appraising, and approving the master plan for bidder selection include:
a) Template No. 01A used for preparing the master bidder selection plan submission;
b) Template No. 01B used for preparing the appraisal report for the master bidder selection plan;
c) Template No. 01C used for preparing the decision to approve the master bidder selection plan.
In case adjustments to some contents of the approved master bidder selection plan are necessary, only the changed contents are prepared, submitted, appraised, and approved.
2. Templates for developing, appraising, and approving the bidder selection plan include:
a) Template No. 02A used for preparing the bidder selection plan submission;
b) Template No. 02B used for preparing the appraisal report for the bidder selection plan;
c) Template No. 02C used for preparing the decision to approve the bidder selection plan.
In case adjustments to some contents of the approved bidder selection plan are necessary, only the changed contents are prepared, submitted, appraised, and approved. For work items not yet eligible to develop the bidder selection plan, when they become eligible, the plan is only prepared, submitted, appraised, and approved for these items without re-approving the previously approved items. In case of changes in the implementation time of the package during the contract execution compared to the approved bidder selection plan, it is not required to adjust the bidder selection plan.
3. For construction packages:
a) Template No. 01A used for preparing the master bidder selection plan submission;
b) Template No. 01B used for preparing the appraisal report for the master bidder selection plan;
c) Template No. 01C used for preparing the decision to approve the master bidder selection plan.
In case adjustments to some contents of the approved master bidder selection plan are necessary, only the changed contents are prepared, submitted, appraised, and approved.
2. Templates for developing, appraising, and approving the bidder selection plan include:
a) Template No. 02A used for preparing the bidder selection plan submission;
b) Template No. 02B used for preparing the appraisal report for the bidder selection plan;
c) Template No. 02C used for preparing the decision to approve the bidder selection plan.
In case adjustments to some contents of the approved bidder selection plan are necessary, only the changed contents are prepared, submitted, appraised, and approved. For work items not yet eligible to develop the bidder selection plan, when they become eligible, the plan is only prepared, submitted, appraised, and approved for these items without re-approving the previously approved items. In case of changes in the implementation time of the package during the contract execution compared to the approved bidder selection plan, it is not required to adjust the bidder selection plan.
3. For construction packages:
a) Template No. 3A used for preparing E-HSMT for open bidding, restricted bidding, and competitive offers using the one-stage one-envelope method;
b) Template No. 3B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 3C used for preparing E-HSMST.
b) Template No. 3B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 3C used for preparing E-HSMST.
4. For goods procurement packages
a) Template No. 4A used for preparing E-HSMT for open bidding, restricted bidding, and competitive offers using the one-stage one-envelope method;
b) Template No. 4B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 4C used for preparing E-HSMST.
a) Template No. 4A used for preparing E-HSMT for open bidding, restricted bidding, and competitive offers using the one-stage one-envelope method;
b) Template No. 4B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 4C used for preparing E-HSMST.
5. For non-consulting service packages:
a) Template No. 5A used for preparing E-HSMT for open bidding, restricted bidding, and competitive offers using the one-stage one-envelope method;
b) Template No. 5B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 5C used for preparing E-HSMST.
6. For consulting service packages:
a) Template No. 5A used for preparing E-HSMT for open bidding, restricted bidding, and competitive offers using the one-stage one-envelope method;
b) Template No. 5B used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
c) Template No. 5C used for preparing E-HSMST.
6. For consulting service packages:
a) Template No. 6A used for preparing E-HSMT for open bidding and restricted bidding using the one-stage two-envelope method;
b) Template No. 6B used for preparing E-HSMQT;
c) Template No. 6C used for preparing forms for individual consultants.
b) Template No. 6B used for preparing E-HSMQT;
c) Template No. 6C used for preparing forms for individual consultants.
7. For evaluation report templates:
a) Template No. 7A used for preparing the evaluation report for E-HSDT following Procedure 01 stipulated in point a, Clause 1, Article 28 of this Circular for non-consulting service packages, goods procurement packages, and construction packages using the one-stage one-envelope method;
b) Template No. 7B used for preparing the evaluation report for E-HSDT following Procedure 02 stipulated in point b, Clause 1, Article 28 of this Circular for non-consulting service packages, goods procurement packages using the one-stage one-envelope method.
b) Template No. 7B used for preparing the evaluation report for E-HSDT following Procedure 02 stipulated in point b, Clause 1, Article 28 of this Circular for non-consulting service packages, goods procurement packages using the one-stage one-envelope method.
c) Template No. 7C is used to prepare the evaluation report for E-HSDT for non-consulting service packages, goods procurement packages, and construction packages using the one-stage two-envelope method;
d) Template No. 7D is used to prepare the evaluation report for E-HSDT for consulting service packages using the one-stage two-envelope method.
d) Template No. 7D is used to prepare the evaluation report for E-HSDT for consulting service packages using the one-stage two-envelope method.
8. Appendices:
a) Appendix 1A: Sample Submission Requesting Approval of E-HSĐXKT Evaluation Results (for packages using the one-stage two-envelope method);
b) Appendix 1B: Sample Decision Approving the List of Technically Qualified Bidders (for packages using the one-stage two-envelope method);
c) Appendix 2A: Sample Document Verification Result (for all packages);
d) Appendix 2B: Sample Contract Negotiation Minutes (for goods procurement, construction, mixed, and non-consulting service packages applying contract negotiation as prescribed in point d, clause 1, Article 43 of the Law on Bidding);
e) Appendix 2C: Sample Contract Negotiation Minutes (for consulting service packages);
f) Appendix 3A: Sample Submission Requesting Approval of bidder selection Results;
g) Appendix 3B: Sample Decision Approving bidder selection Results;
h) Appendix 4: Sample Commitment Document;
i) Appendix 5: Information Registration Form for Legal Documents on Bidding;
j) Appendix 6: Information Notification Form for Foreign Bidders Winning Bids in Vietnam;
k) Appendix 7: Information Notification Form on Violations of Bidding Laws;
l) Appendix 8: Some Violations as Stipulated in Clause 3, Article 44 of the Law on Bidding.
9. The selection of bidders for projects using official development assistance (ODA) funds or concessional loans from foreign donors as per international treaties to which the Socialist Republic of Vietnam is a member (hereinafter referred to as international treaties), foreign loan agreements, shall comply with the provisions of Clause 5, Article 3 of the Law on Bidding. The roles of organizations and individuals in submitting, appraising, and approving the master bidder selection plan, bidder selection plan, E-HSMQT, E-HSMST, E-HSMT, and bidder selection results shall comply with the Law on Bidding and detailed regulations and guidelines for its implementation; the content of the master bidder selection plan, bidder selection plan, E-HSMQT, E-HSMST, and E-HSMT shall comply with the provisions of international treaties and loan agreements. In cases where international treaties and loan agreements require the application of donor regulations, if approved by the donor, the preparation, appraisal, and approval of the master bidder selection plan, bidder selection plan, E-HSMT, E-HSMQT, E-HSMST, E-HSDT evaluation report, E-HSQT, and E-HSDST shall use the Samples stipulated in clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article.
Information on bidding for packages under the projects specified in this clause is encouraged to be posted in the "other funds" section of the System.
10. For projects or packages containing government secrets as stipulated by the law on state secret protection, the confidential information is not required to be provided or posted in accordance with this Circular. The management of information classified as state secrets shall comply with the law on state secret protection.
a) Appendix 1A: Sample Submission Requesting Approval of E-HSĐXKT Evaluation Results (for packages using the one-stage two-envelope method);
b) Appendix 1B: Sample Decision Approving the List of Technically Qualified Bidders (for packages using the one-stage two-envelope method);
c) Appendix 2A: Sample Document Verification Result (for all packages);
d) Appendix 2B: Sample Contract Negotiation Minutes (for goods procurement, construction, mixed, and non-consulting service packages applying contract negotiation as prescribed in point d, clause 1, Article 43 of the Law on Bidding);
e) Appendix 2C: Sample Contract Negotiation Minutes (for consulting service packages);
f) Appendix 3A: Sample Submission Requesting Approval of bidder selection Results;
g) Appendix 3B: Sample Decision Approving bidder selection Results;
h) Appendix 4: Sample Commitment Document;
i) Appendix 5: Information Registration Form for Legal Documents on Bidding;
j) Appendix 6: Information Notification Form for Foreign Bidders Winning Bids in Vietnam;
k) Appendix 7: Information Notification Form on Violations of Bidding Laws;
l) Appendix 8: Some Violations as Stipulated in Clause 3, Article 44 of the Law on Bidding.
9. The selection of bidders for projects using official development assistance (ODA) funds or concessional loans from foreign donors as per international treaties to which the Socialist Republic of Vietnam is a member (hereinafter referred to as international treaties), foreign loan agreements, shall comply with the provisions of Clause 5, Article 3 of the Law on Bidding. The roles of organizations and individuals in submitting, appraising, and approving the master bidder selection plan, bidder selection plan, E-HSMQT, E-HSMST, E-HSMT, and bidder selection results shall comply with the Law on Bidding and detailed regulations and guidelines for its implementation; the content of the master bidder selection plan, bidder selection plan, E-HSMQT, E-HSMST, and E-HSMT shall comply with the provisions of international treaties and loan agreements. In cases where international treaties and loan agreements require the application of donor regulations, if approved by the donor, the preparation, appraisal, and approval of the master bidder selection plan, bidder selection plan, E-HSMT, E-HSMQT, E-HSMST, E-HSDT evaluation report, E-HSQT, and E-HSDST shall use the Samples stipulated in clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article.
Information on bidding for packages under the projects specified in this clause is encouraged to be posted in the "other funds" section of the System.
10. For projects or packages containing government secrets as stipulated by the law on state secret protection, the confidential information is not required to be provided or posted in accordance with this Circular. The management of information classified as state secrets shall comply with the law on state secret protection.
Article 5. Regulations on the Format of Attached Files
1. Files posted on the System must ensure:
a) Open files readable by common software such as MS Office or Open Office document readers and editors; PDF file readers; common design software like AutoCad, Photoshop; and image viewers integrated in Windows OS. Files should use Unicode font encoding;
b) Compressed files that can be opened by common decompression software such as ZIP decompression integrated in Windows OS or Rar or 7Zip software. If compressed files are used, the decompressed files must comply with the format stipulated in point a of this clause;
c) Free from viruses, errors, and not password-protected.
2. If attached files in expression of interest documents, E-HSMQT, prequalification documents, E-HSMST, Bidding documents, and E-HSMT do not meet the requirements of clause 1 of this Article or cannot be opened or read for other reasons, the procuring entity must repost and reissue the entire expression of interest documents, E-HSMQT, prequalification documents, E-HSMST, Bidding documents, and E-HSMT.
3. If attached files in E-HSDT, E-HSQT, E-HSDST do not meet the requirements of clause 1 of this Article and cannot be opened or read, these files will not be considered or evaluated.
a) Open files readable by common software such as MS Office or Open Office document readers and editors; PDF file readers; common design software like AutoCad, Photoshop; and image viewers integrated in Windows OS. Files should use Unicode font encoding;
b) Compressed files that can be opened by common decompression software such as ZIP decompression integrated in Windows OS or Rar or 7Zip software. If compressed files are used, the decompressed files must comply with the format stipulated in point a of this clause;
c) Free from viruses, errors, and not password-protected.
2. If attached files in expression of interest documents, E-HSMQT, prequalification documents, E-HSMST, Bidding documents, and E-HSMT do not meet the requirements of clause 1 of this Article or cannot be opened or read for other reasons, the procuring entity must repost and reissue the entire expression of interest documents, E-HSMQT, prequalification documents, E-HSMST, Bidding documents, and E-HSMT.
3. If attached files in E-HSDT, E-HSQT, E-HSDST do not meet the requirements of clause 1 of this Article and cannot be opened or read, these files will not be considered or evaluated.
Article 6. Technical Handling in Case of System Failures Beyond Control
1. In the event of a failure that renders the System inoperable, tender packages for online bidder selection with closing times, clarification deadlines for E-HSQT, E-HSDST, E-HSDT during the period from when the System failure occurred until 2 hours after the resolution of the failure will automatically have their closing times and clarification deadlines extended to 6 hours after the failure is resolved.
2. If the new closing time and clarification deadlines for E-HSQT, E-HSDST, E-HSDT fall between 17:00 and 11:00 the next day, the System will automatically extend the deadlines to 11:00 the next day.
3. If the System automatically extends the closing time as stipulated in clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, and E-HSDT will be based on the closing time stated in E-TBMQT, E-TBMST, and E-TBMT before the System failure.
Article 7. Account Management and Use of Digital Certificates
2. If the new closing time and clarification deadlines for E-HSQT, E-HSDST, E-HSDT fall between 17:00 and 11:00 the next day, the System will automatically extend the deadlines to 11:00 the next day.
3. If the System automatically extends the closing time as stipulated in clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, and E-HSDT will be based on the closing time stated in E-TBMQT, E-TBMST, and E-TBMT before the System failure.
Article 7. Account Management and Use of Digital Certificates
1. Creating operational accounts:
System participation accounts create, authorize, lock, unlock, reset passwords, authentication methods, and authentication devices for operational accounts corresponding to the roles of Organizations participating in the System as stipulated in points a, b, c, d, and đ of clause 8, Article 3 of this Circular.
2. Use of Digital Certificates on the System:
a) Organizations and individuals issued digital certificates when participating in the System must register for the use of digital certificates as per the User Guide. Digital certificates used on the System are certificates issued to organizations and individuals stipulated in clause 8, Article 3 of this Circular;
b) Digital certificates are used to create digital signatures and authenticate organizations and individuals;
c) The registration, modification, and cancellation of digital certificate information for organizations and individuals participating in the System shall be carried out on the System as per the User Guide;
d) Organizations and individuals participating in the System are responsible for ensuring the accuracy of digital certificates used on the System.
Article 8. Sending and Receiving Electronic Documents on the System
System participation accounts create, authorize, lock, unlock, reset passwords, authentication methods, and authentication devices for operational accounts corresponding to the roles of Organizations participating in the System as stipulated in points a, b, c, d, and đ of clause 8, Article 3 of this Circular.
2. Use of Digital Certificates on the System:
a) Organizations and individuals issued digital certificates when participating in the System must register for the use of digital certificates as per the User Guide. Digital certificates used on the System are certificates issued to organizations and individuals stipulated in clause 8, Article 3 of this Circular;
b) Digital certificates are used to create digital signatures and authenticate organizations and individuals;
c) The registration, modification, and cancellation of digital certificate information for organizations and individuals participating in the System shall be carried out on the System as per the User Guide;
d) Organizations and individuals participating in the System are responsible for ensuring the accuracy of digital certificates used on the System.
Article 8. Sending and Receiving Electronic Documents on the System
1. Electronic documents stipulated in clause 4, Article 3 of this Circular are legally valid, serving as the basis for comparison, verification of information for evaluation, appraisal, inspection, audit, and disbursement as per the law.
2. The time of sending and receiving electronic documents is determined based on the real-time recorded on the System. Successfully sent electronic documents are stored on the System.
3. When users send electronic documents on the System, the System must notify users of successful or unsuccessful sending.
4. Organizations registered successfully on the System have the right to retrieve the status of their electronic documents and other information on the System. Transaction history information is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the System.
5. Organizations and individuals conducting inspections, audits, and disbursements must not require the provision of paper documents when corresponding electronic documents can be retrieved and accessed on the System, except where verification with the original document is necessary.
Article 9. Information Technology Infrastructure Requirements
2. The time of sending and receiving electronic documents is determined based on the real-time recorded on the System. Successfully sent electronic documents are stored on the System.
3. When users send electronic documents on the System, the System must notify users of successful or unsuccessful sending.
4. Organizations registered successfully on the System have the right to retrieve the status of their electronic documents and other information on the System. Transaction history information is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the System.
5. Organizations and individuals conducting inspections, audits, and disbursements must not require the provision of paper documents when corresponding electronic documents can be retrieved and accessed on the System, except where verification with the original document is necessary.
Article 9. Information Technology Infrastructure Requirements
Organizations and individuals participating in the System must meet the information technology infrastructure requirements stipulated in clause 14, Article 78, clause 3, Article 79, and point a, clause 3, Article 82 of the Law on Bidding and as detailed in the User Guide.
Chapter II. PProviding Information to Build the National Database on Bidders and Quality of Used Goods
Chapter II. PProviding Information to Build the National Database on Bidders and Quality of Used Goods
Article 10. Providing Information to Build the National Database on Bidders and Quality of Used Goods
1. Information on the legal status of Bidders:
The System extracts information on the legal status, financial reports, and other information of enterprises, cooperatives, and business households stored in the National Business Registration Information System, the Cooperative Registration Information System, and the Business Household Registration Information System. For Bidders not yet registered in these systems, Bidders provide information upon registering to participate in the System.
2. Information on the capacity and experience of Bidders:
a) Information on the capacity and experience of Bidders follows the regulations stipulated in point c, clause 1, Article 17 of Decree No. 24/2024/ND-CP dated February 27, 2024, of the Government detailing the implementation of the Law on Bidding on Bidder selection (hereinafter referred to as Decree No. 24/2024/ND-CP). If Bidders possess certificates as required by law, they must declare them on the System.
b) Bidders proactively update their capacity and experience information as stipulated in point a of this clause on the System and are legally responsible for the accuracy of the declared information. If Bidders manually update information on the System, the System will save all information before and after the updates. The capacity and experience information of Bidders is authenticated by the Bidder's digital signature.
c) Bidders must attach documents and materials to verify the authenticity of their capacity and experience. Attached documents are stored and managed on the System.
d) If Bidders provide false information to gain financial or other benefits or to evade any obligations, it is considered fraud as stipulated in clause 4, Article 16 of the Law on Bidding.
e) For financial report data, if the financial report data on the System has been updated from the electronic tax system and the National Business Registration Information System, Bidders do not need to declare financial report data. For financial report data from 2021 onwards, if Bidders find that the System has not updated the data from the electronic tax system, they must adjust it to match the data reported to the tax authorities. The System will save all versions of the Bidder's information updates.
3. Investors provide information on the reputation of Bidders in bidding participation as stipulated in point d, clause 1, Article 17 of Decree No. 24/2024/ND-CP.
4. Investors or procurement units in centralized procurement are responsible for providing information on the performance of Bidder contracts as stipulated in point đ, clause 1, Article 17 of Decree No. 24/2024/ND-CP.
5. Investors or procurement units in centralized procurement are responsible for providing information on the quality of goods used as stipulated in clause 2, Article 17 of Decree No. 24/2024/ND-CP.
6. Investors provide information on handling violations of bidding laws as stipulated in point a, clause 1, Article 8 of the Law on Bidding.
Article 11. Contract Key Information
The System extracts information on the legal status, financial reports, and other information of enterprises, cooperatives, and business households stored in the National Business Registration Information System, the Cooperative Registration Information System, and the Business Household Registration Information System. For Bidders not yet registered in these systems, Bidders provide information upon registering to participate in the System.
2. Information on the capacity and experience of Bidders:
a) Information on the capacity and experience of Bidders follows the regulations stipulated in point c, clause 1, Article 17 of Decree No. 24/2024/ND-CP dated February 27, 2024, of the Government detailing the implementation of the Law on Bidding on Bidder selection (hereinafter referred to as Decree No. 24/2024/ND-CP). If Bidders possess certificates as required by law, they must declare them on the System.
b) Bidders proactively update their capacity and experience information as stipulated in point a of this clause on the System and are legally responsible for the accuracy of the declared information. If Bidders manually update information on the System, the System will save all information before and after the updates. The capacity and experience information of Bidders is authenticated by the Bidder's digital signature.
c) Bidders must attach documents and materials to verify the authenticity of their capacity and experience. Attached documents are stored and managed on the System.
d) If Bidders provide false information to gain financial or other benefits or to evade any obligations, it is considered fraud as stipulated in clause 4, Article 16 of the Law on Bidding.
e) For financial report data, if the financial report data on the System has been updated from the electronic tax system and the National Business Registration Information System, Bidders do not need to declare financial report data. For financial report data from 2021 onwards, if Bidders find that the System has not updated the data from the electronic tax system, they must adjust it to match the data reported to the tax authorities. The System will save all versions of the Bidder's information updates.
3. Investors provide information on the reputation of Bidders in bidding participation as stipulated in point d, clause 1, Article 17 of Decree No. 24/2024/ND-CP.
4. Investors or procurement units in centralized procurement are responsible for providing information on the performance of Bidder contracts as stipulated in point đ, clause 1, Article 17 of Decree No. 24/2024/ND-CP.
5. Investors or procurement units in centralized procurement are responsible for providing information on the quality of goods used as stipulated in clause 2, Article 17 of Decree No. 24/2024/ND-CP.
6. Investors provide information on handling violations of bidding laws as stipulated in point a, clause 1, Article 8 of the Law on Bidding.
Article 11. Contract Key Information
1. Key contract information includes: contract number, contract parties, contract value, contract type, package implementation time as stipulated in clause 7, Article 39 of the Law on Bidding, contract implementation time (calculated from the date the contract takes effect to the date the parties complete their obligations as stipulated in the contract), effective date of the contract, list of subBidders (if any), scope of work of the contract, and other information (if any).
2. Investors are responsible for providing key contract information no later than 5 working days from the effective date of the contract as stipulated in clause 4, Article 8 of the Law on Bidding.
Article 12. Information on Projects, Master Bidder Selection Plan, Bidder Selection Plan
2. Investors are responsible for providing key contract information no later than 5 working days from the effective date of the contract as stipulated in clause 4, Article 8 of the Law on Bidding.
Article 12. Information on Projects, Master Bidder Selection Plan, Bidder Selection Plan
1. Publishing Time:
Information on the master Bidder selection plan and Bidder selection plan is posted by investors on the System as stipulated in point a, clause 1, and clause 4, Article 8 of the Law on Bidding and clause 6, Article 14 of Decree No. 24/2024/ND-CP.
2. When posting the master Bidder selection plan, investors attach the documents as the basis for preparing the master Bidder selection plan as stipulated in clause 2, Article 14 of Decree No. 24/2024/ND-CP. For the Bidder selection plan, basic project information is posted simultaneously with the Bidder selection plan.
3. For packages with approved estimates after the approval of the Bidder selection plan as stipulated in clause 2, Article 131 of Decree No. 24/2024/ND-CP, the approved estimates must be posted on the System at least 5 days before the bid closing time.
4. Attached Documents: Investors must attach the decision approving the master Bidder selection plan and the Bidder selection plan when posting the master Bidder selection plan and the Bidder selection plan.
Article 13. Notice of Invitation for Interest, Notice of Prequalification, E-TBMQT, E-TBMST
The procuring entity posts notices of invitation for interest, notices of prequalification, E-TBMQT, and E-TBMST on the System following the Bidder selection schedule and in accordance with the approved Bidder selection plan. Modifications or cancellations of notices of invitation for interest, notices of prequalification, E-TBMQT, and E-TBMST are only made before the bid closing time, except in cases where no bidders submit interest documents, prequalification documents, E-HSQT, or E-HSDST.
Article 14. Issuing, Modifying, Clarifying Invitation for Interest Documents, Prequalification Documents, E-HSMQT, E-HSMST
1. Issuance:
a) Invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST are issued free of charge on the System immediately after successfully posting the notices of prequalification, notices of invitation for interest, E-TBMQT, and E-TBMST. During the posting of the notices of prequalification, notices of invitation for interest, E-TBMQT, and E-TBMST, the procuring entity must attach the decision approving the invitation for interest documents, prequalification documents, E-HSMQT, E-HSMST; the approved invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST. Investors and procuring entities are not allowed to issue hard copies of the invitation for interest documents, prequalification documents to bidders. If investors or procuring entities issue hard copies to bidders, the hard copies are not legally valid for preparing and evaluating interest documents or prequalification documents.
b) If the content of the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST posted on the System differs from the approved documents, the posted invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST shall be the basis for preparing and evaluating interest documents, prequalification documents, E-HSQT, and E-HSDST.
2. Modification:
a) For offline Bidder selection, if modifications to the invitation for interest documents or prequalification documents are made after issuance, the procuring entity must post the documents in one of the following ways on the System: the modification decision along with the modified content of the invitation for interest documents or prequalification documents; or the modification decision and the modified invitation for interest documents or prequalification documents, with the modifications clearly indicated.
b) For online Bidder selection, if modifications to E-HSMQT or E-HSMST are made after issuance, the procuring entity must post the following documents on the System: the modification decision along with the modified content of E-HSMQT or E-HSMST; the modified E-HSMQT or E-HSMST.
3. Clarification:
a) If clarification of the invitation for interest documents, prequalification documents, E-HSMQT, or E-HSMST is needed, bidders send clarification requests to the procuring entity through the System at least 3 working days before the bid closing time;
b) The procuring entity posts the clarification documents on the System at least 2 working days before the bid closing time;
c) The content of the clarification of the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST must not contradict the approved documents. If the clarification request leads to modifications to the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST, the modifications shall be made according to the provisions of clause 2 of this Article.
a) Invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST are issued free of charge on the System immediately after successfully posting the notices of prequalification, notices of invitation for interest, E-TBMQT, and E-TBMST. During the posting of the notices of prequalification, notices of invitation for interest, E-TBMQT, and E-TBMST, the procuring entity must attach the decision approving the invitation for interest documents, prequalification documents, E-HSMQT, E-HSMST; the approved invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST. Investors and procuring entities are not allowed to issue hard copies of the invitation for interest documents, prequalification documents to bidders. If investors or procuring entities issue hard copies to bidders, the hard copies are not legally valid for preparing and evaluating interest documents or prequalification documents.
b) If the content of the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST posted on the System differs from the approved documents, the posted invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST shall be the basis for preparing and evaluating interest documents, prequalification documents, E-HSQT, and E-HSDST.
2. Modification:
a) For offline Bidder selection, if modifications to the invitation for interest documents or prequalification documents are made after issuance, the procuring entity must post the documents in one of the following ways on the System: the modification decision along with the modified content of the invitation for interest documents or prequalification documents; or the modification decision and the modified invitation for interest documents or prequalification documents, with the modifications clearly indicated.
b) For online Bidder selection, if modifications to E-HSMQT or E-HSMST are made after issuance, the procuring entity must post the following documents on the System: the modification decision along with the modified content of E-HSMQT or E-HSMST; the modified E-HSMQT or E-HSMST.
3. Clarification:
a) If clarification of the invitation for interest documents, prequalification documents, E-HSMQT, or E-HSMST is needed, bidders send clarification requests to the procuring entity through the System at least 3 working days before the bid closing time;
b) The procuring entity posts the clarification documents on the System at least 2 working days before the bid closing time;
c) The content of the clarification of the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST must not contradict the approved documents. If the clarification request leads to modifications to the invitation for interest documents, prequalification documents, E-HSMQT, and E-HSMST, the modifications shall be made according to the provisions of clause 2 of this Article.
Article 15. Shortlist
1. Posting Time:
The procuring entity shall post the shortlist on the System within 5 working days from the date the shortlist is approved.
2. Attached Documents:
The procuring entity shall attach the approval decision of the shortlist during the posting process.
Article 16. Invitation for Bids, E-TBMT
The procuring entity shall post the shortlist on the System within 5 working days from the date the shortlist is approved.
2. Attached Documents:
The procuring entity shall attach the approval decision of the shortlist during the posting process.
Article 16. Invitation for Bids, E-TBMT
The procuring entity shall post the invitation for bids, E-TBMT on the System according to the Bidder selection schedule and in line with the approved Bidder selection plan. Modifications or cancellations of the invitation for bids, E-TBMT are only allowed before the bid closing time, except in cases where no bidders submit their bids, E-HSDT.
Article 17. Issuance, Modification, Clarification of Bidding Documents, E-HSMT
1. Issuance:
a) During the posting of the invitation for bids, E-TBMT, the procuring entity must attach the following documents: approval decision of the bidding documents, E-HSMT; approved bidding documents, E-HSMT; approved terms of reference.
For offline Bidder selection, the bidding documents are issued on the System immediately after successfully posting the invitation for bids. The procuring entity is not allowed to issue hard copies of the bidding documents to bidders. If the procuring entity issues hard copies to bidders, such hard copies have no legal value for preparing and evaluating bids.
b) If the content of the bidding documents, E-HSMT, terms of reference posted on the System differ from the approved documents, the posted bidding documents, E-HSMT, and terms of reference shall be the basis for preparing and evaluating bids, E-HSDT, and scientific resumes.
2. Modification:
a) For offline Bidder selection, if modifications to the bidding documents are made after issuance, the procuring entity must post the documents in one of the following ways on the System: the modification decision along with the modified content of the bidding documents; or the modification decision and the modified bidding documents, with the modifications clearly indicated.
b) For online Bidder selection, if modifications to E-HSMT, terms of reference are made after issuance, the procuring entity must post the following documents on the System: the modification decision along with the modified content of E-HSMT, terms of reference; the modified E-HSMT, terms of reference.
3. Clarification:
a) For offline Bidder selection, if clarification of the bidding documents is needed, bidders must send clarification requests to the procuring entity through the System at least 3 working days (for domestic bidding) or at least 5 working days (for international bidding) before the bid closing time for consideration and handling. For online Bidder selection, if clarification of E-HSMT, terms of reference is needed, bidders must send clarification requests to the procuring entity through the System at least 3 working days before the bid closing time for consideration and handling.
b) The procuring entity shall receive the bidders' clarification requests and post the clarification documents of the bidding documents, E-HSMT, terms of reference on the System at least 2 working days before the bid closing time.
c) The content of the clarification of the bidding documents, E-HSMT, terms of reference must not contradict the approved documents. If the clarification request leads to modifications to the bidding documents, E-HSMT, terms of reference, the modifications shall be made according to the provisions of clause 2 of this Article.
d) If necessary, the procuring entity shall hold a pre-bid conference to discuss unclear contents in the bidding documents, E-HSMT. The procuring entity shall post the invitation to the pre-bid conference on the System. The contents of the discussion between the procuring entity and bidders must be recorded in the minutes by the procuring entity and posted on the System within a maximum of 2 working days from the end of the pre-bid conference.
a) During the posting of the invitation for bids, E-TBMT, the procuring entity must attach the following documents: approval decision of the bidding documents, E-HSMT; approved bidding documents, E-HSMT; approved terms of reference.
For offline Bidder selection, the bidding documents are issued on the System immediately after successfully posting the invitation for bids. The procuring entity is not allowed to issue hard copies of the bidding documents to bidders. If the procuring entity issues hard copies to bidders, such hard copies have no legal value for preparing and evaluating bids.
b) If the content of the bidding documents, E-HSMT, terms of reference posted on the System differ from the approved documents, the posted bidding documents, E-HSMT, and terms of reference shall be the basis for preparing and evaluating bids, E-HSDT, and scientific resumes.
2. Modification:
a) For offline Bidder selection, if modifications to the bidding documents are made after issuance, the procuring entity must post the documents in one of the following ways on the System: the modification decision along with the modified content of the bidding documents; or the modification decision and the modified bidding documents, with the modifications clearly indicated.
b) For online Bidder selection, if modifications to E-HSMT, terms of reference are made after issuance, the procuring entity must post the following documents on the System: the modification decision along with the modified content of E-HSMT, terms of reference; the modified E-HSMT, terms of reference.
3. Clarification:
a) For offline Bidder selection, if clarification of the bidding documents is needed, bidders must send clarification requests to the procuring entity through the System at least 3 working days (for domestic bidding) or at least 5 working days (for international bidding) before the bid closing time for consideration and handling. For online Bidder selection, if clarification of E-HSMT, terms of reference is needed, bidders must send clarification requests to the procuring entity through the System at least 3 working days before the bid closing time for consideration and handling.
b) The procuring entity shall receive the bidders' clarification requests and post the clarification documents of the bidding documents, E-HSMT, terms of reference on the System at least 2 working days before the bid closing time.
c) The content of the clarification of the bidding documents, E-HSMT, terms of reference must not contradict the approved documents. If the clarification request leads to modifications to the bidding documents, E-HSMT, terms of reference, the modifications shall be made according to the provisions of clause 2 of this Article.
d) If necessary, the procuring entity shall hold a pre-bid conference to discuss unclear contents in the bidding documents, E-HSMT. The procuring entity shall post the invitation to the pre-bid conference on the System. The contents of the discussion between the procuring entity and bidders must be recorded in the minutes by the procuring entity and posted on the System within a maximum of 2 working days from the end of the pre-bid conference.
Article 18. Cancellation, Extending, Modification of Posted Information
The cancellation, extension, and modification of posted information shall be carried out according to the User Guide.
Article 19. Bidder Selection Results
1. Posting Time:
The investor shall post the Bidder selection results on the System no later than 5 working days from the date of approval of the Bidder selection results.
2. Attached Documents include:
a) Approval decision of the Bidder selection results;
b) Evaluation report of E-HSDT for online Bidder selection (posting a summary evaluation report, without attaching the individual evaluation sheets of the expert members);
c) If the package price in the approved Bidder selection plan is adjusted according to point b, clause 8, Article 131 of Decree No. 24/2024/ND-CP, the investor must post the adjustment decision of the package price on the System before the bid resubmission deadline.
3. For goods procurement packages, detailed information about the winning items must be disclosed, including the following contents:
a) List of goods;
b) Code;
c) Brand;
d) Year of manufacture;
e) Origin (country, territory);
f) Manufacturer;
g) Basic technical specifications and features;
h) Unit of measure;
i) Quantity;
k) Chapter code, Group code (corresponding to the first 4 digits of the code) in the Harmonized System (HS) classification system issued by the World Customs Organization (WCO) (if applicable);
l) Winning bid unit price.
The investor shall post the Bidder selection results on the System no later than 5 working days from the date of approval of the Bidder selection results.
2. Attached Documents include:
a) Approval decision of the Bidder selection results;
b) Evaluation report of E-HSDT for online Bidder selection (posting a summary evaluation report, without attaching the individual evaluation sheets of the expert members);
c) If the package price in the approved Bidder selection plan is adjusted according to point b, clause 8, Article 131 of Decree No. 24/2024/ND-CP, the investor must post the adjustment decision of the package price on the System before the bid resubmission deadline.
3. For goods procurement packages, detailed information about the winning items must be disclosed, including the following contents:
a) List of goods;
b) Code;
c) Brand;
d) Year of manufacture;
e) Origin (country, territory);
f) Manufacturer;
g) Basic technical specifications and features;
h) Unit of measure;
i) Quantity;
k) Chapter code, Group code (corresponding to the first 4 digits of the code) in the Harmonized System (HS) classification system issued by the World Customs Organization (WCO) (if applicable);
l) Winning bid unit price.
Article 20. Other Information Posted on the System and Posting Procedures on the System
1. In addition to the information posted on the System as stipulated in Articles 10, 11, 12, 13, 14, 15, 16, 17, and 19 of this Circular, other information to be posted and performed on the System includes:
a) Bid opening minutes for offline bidding, posted on the System within 24 hours from the bid opening time;
b) Cancellation decision posted on the System within 5 working days from the date of signing the decision;
c) Documents resolving complaints by the investor, competent authority, posted on the System within 5 working days from the date of issuance;
d) List of technically qualified bidders for offline bidding posted on the System within 5 working days from the approval date;
e) For two-stage bidding, the list of bidders meeting the requirements of the first-stage bidding documents and the list of bidders meeting the technical requirements of the second-stage must be posted on the System no later than 5 working days from the approval date;
f) List of foreign Bidders winning bids in Vietnam posted on the System within 15 days from the effective date of the contract with the foreign Bidder.
2. The posting procedures for information in Articles 10, 11, 12, 13, 14, 15, 16, 17, 19, and clause 1 of this Article shall be carried out according to the User Guide.
a) Bid opening minutes for offline bidding, posted on the System within 24 hours from the bid opening time;
b) Cancellation decision posted on the System within 5 working days from the date of signing the decision;
c) Documents resolving complaints by the investor, competent authority, posted on the System within 5 working days from the date of issuance;
d) List of technically qualified bidders for offline bidding posted on the System within 5 working days from the approval date;
e) For two-stage bidding, the list of bidders meeting the requirements of the first-stage bidding documents and the list of bidders meeting the technical requirements of the second-stage must be posted on the System no later than 5 working days from the approval date;
f) List of foreign Bidders winning bids in Vietnam posted on the System within 15 days from the effective date of the contract with the foreign Bidder.
2. The posting procedures for information in Articles 10, 11, 12, 13, 14, 15, 16, 17, 19, and clause 1 of this Article shall be carried out according to the User Guide.
Article 21. Responsibilities of the Investor
1. Perform the responsibilities as stipulated in Article 78 of the Law on Bidding.
2. Post information as stipulated in points a, g, h, i, and k, clause 1, Article 7 of the Law on Bidding. If hiring a bidding consultant to act as the procuring entity, the investor is still responsible for posting this information.
3. Post information on foreign Bidders winning bids in Vietnam according to Appendix 6 issued with this Circular; the posting shall be carried out according to the User Guide. The information shall be sent simultaneously to the Bidding Management Department, Ministry of Planning and Investment, within 7 working days from the approval date of the Bidder selection results.
4. Be responsible before the law for the accuracy and truthfulness of the information registered and posted on the System when logged in with their System participation account.
5. Check and confirm the posting of their information on the System.
6. Manage and be responsible for authorizing operational accounts corresponding to their roles; manage the use of digital certificates on the System.
2. Post information as stipulated in points a, g, h, i, and k, clause 1, Article 7 of the Law on Bidding. If hiring a bidding consultant to act as the procuring entity, the investor is still responsible for posting this information.
3. Post information on foreign Bidders winning bids in Vietnam according to Appendix 6 issued with this Circular; the posting shall be carried out according to the User Guide. The information shall be sent simultaneously to the Bidding Management Department, Ministry of Planning and Investment, within 7 working days from the approval date of the Bidder selection results.
4. Be responsible before the law for the accuracy and truthfulness of the information registered and posted on the System when logged in with their System participation account.
5. Check and confirm the posting of their information on the System.
6. Manage and be responsible for authorizing operational accounts corresponding to their roles; manage the use of digital certificates on the System.
Article 22. Responsibilities of the Procuring Entity
1. Perform the responsibilities as stipulated in Article 79 of the Law on Bidding.
2. Post information as stipulated in points b, c, d, and đ, clause 1, Article 7 of the Law on Bidding. For packages organized for international bidding, the procuring entity must post the information stipulated in points b, c, and d, clause 1, Article 7 of the Law on Bidding in Vietnamese and English; for the information stipulated in point đ, clause 1, Article 7 of the Law on Bidding, the procuring entity shall post in English or both Vietnamese and English.
3. Be responsible for the consistency of the documents posted on the System with the approved documents. If there are discrepancies between the posted documents and the approved documents, the posted documents on the System shall be the legal basis for implementation.
4. Monitor and update the posted information on the System and the information that the System responds to.
5. Manage and be responsible for authorizing operational accounts corresponding to their roles; manage the use of digital certificates on the System.
2. Post information as stipulated in points b, c, d, and đ, clause 1, Article 7 of the Law on Bidding. For packages organized for international bidding, the procuring entity must post the information stipulated in points b, c, and d, clause 1, Article 7 of the Law on Bidding in Vietnamese and English; for the information stipulated in point đ, clause 1, Article 7 of the Law on Bidding, the procuring entity shall post in English or both Vietnamese and English.
3. Be responsible for the consistency of the documents posted on the System with the approved documents. If there are discrepancies between the posted documents and the approved documents, the posted documents on the System shall be the legal basis for implementation.
4. Monitor and update the posted information on the System and the information that the System responds to.
5. Manage and be responsible for authorizing operational accounts corresponding to their roles; manage the use of digital certificates on the System.
Article 23. Responsibilities of the Center and the e-GP Project Enterprise
1. The Center is responsible for:
a) Managing and supervising the operation of the System, ensuring the System operates stably, continuously, safely, and securely;
b) Creating the User Guide; supporting organizations participating in the System in registration, providing, posting information, and online Bidder selection;
c) Providing communication, training, and guidance services to organizations participating in the System and deploying related services on bidding information and online Bidder selection;
d) Coordinating with the e-GP Project Enterprise to perform the responsibilities stipulated in Article 52 of the Law on Bidding.
2. The e-GP Project Enterprise performs the responsibilities stipulated in Article 52 of the Law on Bidding.
a) Managing and supervising the operation of the System, ensuring the System operates stably, continuously, safely, and securely;
b) Creating the User Guide; supporting organizations participating in the System in registration, providing, posting information, and online Bidder selection;
c) Providing communication, training, and guidance services to organizations participating in the System and deploying related services on bidding information and online Bidder selection;
d) Coordinating with the e-GP Project Enterprise to perform the responsibilities stipulated in Article 52 of the Law on Bidding.
2. The e-GP Project Enterprise performs the responsibilities stipulated in Article 52 of the Law on Bidding.
Chapter III
CONTENT OF BIDDING DOCUMENT TEMPLATES
Article 24. Preparation, Submission, Appraisal, Approval of E-HSMQT, E-HSMST, E-HSMT
1. The expert team prepares E-HSMQT, E-HSMST, E-HSMT on the System. After the expert team prepares E-HSMQT, E-HSMST, E-HSMT, the procuring entity submits them to the investor for appraisal and approval of E-HSMQT, E-HSMST, E-HSMT.
2. E-HSMQT, E-HSMST, E-HSMT must include all necessary information to serve as a basis for bidders to prepare E-HSQT, E-HSDST, E-HSDT. If the procuring entity posts incomplete information in E-HSMQT, E-HSMST, E-HSMT (lacking designs, drawings, and other documents) or unclear information, causing difficulties for bidders in preparing E-HSQT, E-HSDST, E-HSDT, such E-HSMQT, E-HSMST, E-HSMT are invalid; the investor and procuring entity must amend and supplement E-HSMQT, E-HSMST, E-HSMT accordingly and repost them. The amendment of E-HSMQT, E-HSMST, E-HSMT shall be carried out according to the provisions of clause 2, Article 14 and clause 2, Article 17 of this Circular.
3. For goods procurement, construction, and non-consulting services packages, the data tables, eligibility criteria, capacity, and experience requirements in E-HSMST, E-HSMT are digitized in web form on the System. The investor and procuring entity are not allowed to attach additional files for these requirements in E-HSMST, E-HSMT. Data tables, eligibility criteria, capacity, and experience requirements not digitized in web form are not considered part of E-HSMST, E-HSMT, and bidders are not required to meet these requirements.
4. If the package has undergone prequalification or expression of interest, and the capacity and experience of the bidder change when submitting E-HSDT, the bidder must update their capacity and experience..
5. If E-HSMT contains contents that restrict bidder participation or create an advantage for one or more bidders, causing unfair competition and violating clause 3, Article 44 of the Law on Bidding, as stated in Appendix 8 issued with this Circular, the procuring entity and expert team shall not reject E-HSDT that do not meet these contents. These contents are considered invalid according to clause 4, Article 44 of the Law on Bidding and are not a basis for evaluating E-HSDT.
6. If hiring a consultant to act as the procuring entity and expert team for posting information, preparing E-HSMQT, E-HSMST, E-HSMT, evaluating E-HSQT, E-HSDST, E-HSDT, the hired unit shall perform according to the User Guide.
2. E-HSMQT, E-HSMST, E-HSMT must include all necessary information to serve as a basis for bidders to prepare E-HSQT, E-HSDST, E-HSDT. If the procuring entity posts incomplete information in E-HSMQT, E-HSMST, E-HSMT (lacking designs, drawings, and other documents) or unclear information, causing difficulties for bidders in preparing E-HSQT, E-HSDST, E-HSDT, such E-HSMQT, E-HSMST, E-HSMT are invalid; the investor and procuring entity must amend and supplement E-HSMQT, E-HSMST, E-HSMT accordingly and repost them. The amendment of E-HSMQT, E-HSMST, E-HSMT shall be carried out according to the provisions of clause 2, Article 14 and clause 2, Article 17 of this Circular.
3. For goods procurement, construction, and non-consulting services packages, the data tables, eligibility criteria, capacity, and experience requirements in E-HSMST, E-HSMT are digitized in web form on the System. The investor and procuring entity are not allowed to attach additional files for these requirements in E-HSMST, E-HSMT. Data tables, eligibility criteria, capacity, and experience requirements not digitized in web form are not considered part of E-HSMST, E-HSMT, and bidders are not required to meet these requirements.
4. If the package has undergone prequalification or expression of interest, and the capacity and experience of the bidder change when submitting E-HSDT, the bidder must update their capacity and experience..
5. If E-HSMT contains contents that restrict bidder participation or create an advantage for one or more bidders, causing unfair competition and violating clause 3, Article 44 of the Law on Bidding, as stated in Appendix 8 issued with this Circular, the procuring entity and expert team shall not reject E-HSDT that do not meet these contents. These contents are considered invalid according to clause 4, Article 44 of the Law on Bidding and are not a basis for evaluating E-HSDT.
6. If hiring a consultant to act as the procuring entity and expert team for posting information, preparing E-HSMQT, E-HSMST, E-HSMT, evaluating E-HSQT, E-HSDST, E-HSDT, the hired unit shall perform according to the User Guide.
Article 25. Responsibilities of Bidders in the Bidding Process
1. Bidders are responsible for the accuracy of the information declared in the web form and attached files during the bidding process. Bidders input information as required by E-HSMQT, E-HSMST, E-HSMT and attach files to create E-HSQT, E-HSDST, E-HSDT as follows:
a) Information on the validity of E-HSDT:
ĐFor the content on bid security, bidders declare information and attach a scan of the bid security. If using electronic bid security, bidders choose the bid security issued by a domestic credit institution or a branch of a foreign bank established under Vietnamese law, or a bid security insurance certificate issued by a non-life insurance company in Vietnam, a branch of a non-life insurance company established under Vietnamese law, stored on the System in E-HSDT. For joint venture bidders, all members of the joint venture must use the same form of bid security: electronic or paper (hard documents).
For other contents, bidders only declare information on the web form without attaching scanned copies of related documents.
b) Information on capacity and experience:
For similar contracts and production capacity: bidders declare and attach related documents to verify the declared information.
For financial resource requirements: bidders declare information; if using credit supply commitments to prove financial resources, besides declaring information, bidders must attach a scan of the credit supply commitment.
For annual revenue and net asset value: since 2021, the System automatically extracts financial report data from the National Business Registration Information System and the electronic tax system into the bidders' capacity profiles.
For other contents: bidders declare on the web form without attaching scanned copies of related documents.
For financial report data since 2021, if bidders find that the System has not updated the data from the electronic tax system, they must adjust the information to match the data reported to the tax authorities. If the data updated by bidders on the System is inconsistent with the data on the electronic tax system, leading to incorrect Bidder selection results, the bidder is considered fraudulent, violating clause 4, Article 16 of the Law on Bidding..
2. Bidders are responsible for studying E-HSMQT, E-HSMST, E-HSMT for the packages they are interested in to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. If bidders find that E-HSMQT, E-HSMST, E-HSMT contain unclear contents, causing difficulties in preparing E-HSQT, E-HSDST, E-HSDT, they must request the procuring entity to clarify E-HSMQT, E-HSMST, E-HSMT for the investor and procuring entity to amend and supplement these documents accordingly.
3. Bidders are responsible for monitoring and updating information on the System for the packages they are interested in or participating in. If errors occur due to not monitoring and updating information on the System, leading to disadvantages for the bidder in the bidding process, including changes, modifications to E-HSMQT, E-HSMST, E-HSMT, submission times for E-HSQT, E-HSDST, E-HSDT, clarification times for E-HSQT, E-HSDST, E-HSDT, contract negotiation times, and other contents, the bidder must bear the responsibility and disadvantages in the bidding process.
4. If the bidder's legal representative authorizes the branch manager, subsidiary manager, dependent accounting unit manager, and other dependent unit managers to perform tasks in the bidding process, the bidding on the System must be carried out using the bidder's System participation account and not the account of the branch, subsidiary, or other dependent unit. If using the account of the branch or dependent units (dependent accounting), the bidder is considered ineligible according to clause 1, Article 5 of the Law on Bidding.
5. Perform other responsibilities, including:
a) Registering to participate in the System to ensure eligibility according to point d, clause 1, Article 5 of the Law on Bidding;
b) Performing responsibilities as stipulated in Article 82 of the Law on Bidding;
c) Managing the System participation account and digital certificate registered on the System
a) Information on the validity of E-HSDT:
ĐFor the content on bid security, bidders declare information and attach a scan of the bid security. If using electronic bid security, bidders choose the bid security issued by a domestic credit institution or a branch of a foreign bank established under Vietnamese law, or a bid security insurance certificate issued by a non-life insurance company in Vietnam, a branch of a non-life insurance company established under Vietnamese law, stored on the System in E-HSDT. For joint venture bidders, all members of the joint venture must use the same form of bid security: electronic or paper (hard documents).
For other contents, bidders only declare information on the web form without attaching scanned copies of related documents.
b) Information on capacity and experience:
For similar contracts and production capacity: bidders declare and attach related documents to verify the declared information.
For financial resource requirements: bidders declare information; if using credit supply commitments to prove financial resources, besides declaring information, bidders must attach a scan of the credit supply commitment.
For annual revenue and net asset value: since 2021, the System automatically extracts financial report data from the National Business Registration Information System and the electronic tax system into the bidders' capacity profiles.
For other contents: bidders declare on the web form without attaching scanned copies of related documents.
For financial report data since 2021, if bidders find that the System has not updated the data from the electronic tax system, they must adjust the information to match the data reported to the tax authorities. If the data updated by bidders on the System is inconsistent with the data on the electronic tax system, leading to incorrect Bidder selection results, the bidder is considered fraudulent, violating clause 4, Article 16 of the Law on Bidding..
2. Bidders are responsible for studying E-HSMQT, E-HSMST, E-HSMT for the packages they are interested in to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. If bidders find that E-HSMQT, E-HSMST, E-HSMT contain unclear contents, causing difficulties in preparing E-HSQT, E-HSDST, E-HSDT, they must request the procuring entity to clarify E-HSMQT, E-HSMST, E-HSMT for the investor and procuring entity to amend and supplement these documents accordingly.
3. Bidders are responsible for monitoring and updating information on the System for the packages they are interested in or participating in. If errors occur due to not monitoring and updating information on the System, leading to disadvantages for the bidder in the bidding process, including changes, modifications to E-HSMQT, E-HSMST, E-HSMT, submission times for E-HSQT, E-HSDST, E-HSDT, clarification times for E-HSQT, E-HSDST, E-HSDT, contract negotiation times, and other contents, the bidder must bear the responsibility and disadvantages in the bidding process.
4. If the bidder's legal representative authorizes the branch manager, subsidiary manager, dependent accounting unit manager, and other dependent unit managers to perform tasks in the bidding process, the bidding on the System must be carried out using the bidder's System participation account and not the account of the branch, subsidiary, or other dependent unit. If using the account of the branch or dependent units (dependent accounting), the bidder is considered ineligible according to clause 1, Article 5 of the Law on Bidding.
5. Perform other responsibilities, including:
a) Registering to participate in the System to ensure eligibility according to point d, clause 1, Article 5 of the Law on Bidding;
b) Performing responsibilities as stipulated in Article 82 of the Law on Bidding;
c) Managing the System participation account and digital certificate registered on the System
Article 26. Sample Goods Content
E-HSMT must not include requirements for sample goods; in cases where sample goods are required for technical evaluation, the investor must submit a request for consideration and decision by the competent authority. The submission must clearly state the reason for requiring sample goods. The investor and the procuring entity must ensure that the requirement for sample goods does not increase the package cost, limit bidder participation, or create an advantage for one or a few bidders causing unfair competition. If E-HSMT requires sample goods, bidders may submit additional samples within 5 working days after the bid closing time.
Article 27. Bid Opening for Online Bidder Selection
1. For packages using the one-stage one-envelope method:
The procuring entity must conduct the bid opening and publicly disclose the bid opening minutes on the System within no more than 2 hours from the bid closing time.
2. For packages using the one-stage two-envelope method:
a) The procuring entity must open the E-HSĐXKT and publicly disclose the E-HSĐXKT opening minutes on the System within no more than 2 hours from the bid closing time;
b) After the approval decision of the list of bidders meeting the technical requirements, the procuring entity shall post this list on the System and attach a scan of the approval document of the list of bidders meeting the technical requirements on the System. After successful posting, the System will notify the bidders participating in the package;
c) After posting the list of bidders meeting the technical requirements, the procuring entity shall open the E-HSĐXTC of the bidders listed and publicly disclose the E-HSĐXTC opening minutes on the System.
The procuring entity must conduct the bid opening and publicly disclose the bid opening minutes on the System within no more than 2 hours from the bid closing time.
2. For packages using the one-stage two-envelope method:
a) The procuring entity must open the E-HSĐXKT and publicly disclose the E-HSĐXKT opening minutes on the System within no more than 2 hours from the bid closing time;
b) After the approval decision of the list of bidders meeting the technical requirements, the procuring entity shall post this list on the System and attach a scan of the approval document of the list of bidders meeting the technical requirements on the System. After successful posting, the System will notify the bidders participating in the package;
c) After posting the list of bidders meeting the technical requirements, the procuring entity shall open the E-HSĐXTC of the bidders listed and publicly disclose the E-HSĐXTC opening minutes on the System.
Article 28. Evaluation of E-HSDT
1. E-HSDT Evaluation Process:
a) Process 01 applies to all packages, including: evaluation of the validity of E-HSDT; evaluation of capacity and experience; evaluation of technical aspects; evaluation of financial aspects. For centralized procurement packages needing to select Bidders based on supply capacity, the evaluation of bid security, average annual revenue, similar contracts, and production capacity is carried out in the financial evaluation step.
b) Process 02 applies to goods procurement packages and non-consulting services using the one-stage one-envelope method, applying the "lowest price" method, and where no E-HSDT has any preferential treatment. Based on the bid opening minutes, the System automatically ranks the bidders according to the lowest bid price (ranking approval is not required in this case). If there are two or more bidders tied for first place, Process 02 is not used, and Process 01 must be followed;
Evaluation of the validity of the E-HSDT of the top-ranked bidder;
Evaluation of the capacity and experience of the top-ranked bidder;
Evaluation of the technical aspects of the top-ranked bidder.
If the top-ranked bidder does not meet the requirements, the evaluation moves to the next ranked bidder.
c) For packages using the one-stage one-envelope method, based on the E-HSDT submitted on the System and the evaluation method stipulated in the E-HSMT, the procuring entity may choose one of the two processes outlined in points a and b of this clause to evaluate E-HSDT. Process 02 is only conducted if all conditions in point b of this clause are met.
2. If only one bidder participates or only one bidder passes the technical evaluation, there is no need to determine the evaluated price (for packages using the evaluated price method), aggregate points (for packages using a combination of technical and price methods), preferential treatment, or rank the bidders.
3. After evaluating the E-HSDT, the head of the expert team shall attach a scanned evaluation report of the E-HSDT (signed by all members of the expert team) on the System. The head of the expert team is responsible for the consistency between the scanned E-HSDT evaluation report on the System and the paper evaluation report signed by the expert team members.
a) Process 01 applies to all packages, including: evaluation of the validity of E-HSDT; evaluation of capacity and experience; evaluation of technical aspects; evaluation of financial aspects. For centralized procurement packages needing to select Bidders based on supply capacity, the evaluation of bid security, average annual revenue, similar contracts, and production capacity is carried out in the financial evaluation step.
b) Process 02 applies to goods procurement packages and non-consulting services using the one-stage one-envelope method, applying the "lowest price" method, and where no E-HSDT has any preferential treatment. Based on the bid opening minutes, the System automatically ranks the bidders according to the lowest bid price (ranking approval is not required in this case). If there are two or more bidders tied for first place, Process 02 is not used, and Process 01 must be followed;
Evaluation of the validity of the E-HSDT of the top-ranked bidder;
Evaluation of the capacity and experience of the top-ranked bidder;
Evaluation of the technical aspects of the top-ranked bidder.
If the top-ranked bidder does not meet the requirements, the evaluation moves to the next ranked bidder.
c) For packages using the one-stage one-envelope method, based on the E-HSDT submitted on the System and the evaluation method stipulated in the E-HSMT, the procuring entity may choose one of the two processes outlined in points a and b of this clause to evaluate E-HSDT. Process 02 is only conducted if all conditions in point b of this clause are met.
2. If only one bidder participates or only one bidder passes the technical evaluation, there is no need to determine the evaluated price (for packages using the evaluated price method), aggregate points (for packages using a combination of technical and price methods), preferential treatment, or rank the bidders.
3. After evaluating the E-HSDT, the head of the expert team shall attach a scanned evaluation report of the E-HSDT (signed by all members of the expert team) on the System. The head of the expert team is responsible for the consistency between the scanned E-HSDT evaluation report on the System and the paper evaluation report signed by the expert team members.
Article 29. Submission, Appraisal, and Approval of Bidder Selection Results
1. The bid inviter shall prepare a submission form according to Appendix 3A issued with this Circular, along with the E-HSDT evaluation report, and submit it to the investor for approval of the bidder selection results.
2. The investor shall approve the bidder selection results according to Appendix 3B issued with this Circular, based on the submission form, E-HSDT evaluation report, and the bidder selection result appraisal report.
2. The investor shall approve the bidder selection results according to Appendix 3B issued with this Circular, based on the submission form, E-HSDT evaluation report, and the bidder selection result appraisal report.
Chapter IV.
IMPLEMENTATION ORGANIZATION
Article 30. Transitional provisions
1. For packages where the bidder selection plan has been approved (whether the plan has been posted on the System or not) before January 1, 2024, but by the effective date of this Circular, the request for expressions of interest, prequalification documents, bidding documents, or request for proposals have not been issued, the bidder selection plan must be adjusted to comply with the Law on Bidding, Decree No. 24/2024/ND-CP, and this Circular (if applicable).
2. For packages that have been approved for online bidder selection and have prepared E-HSMST, E-HSMQT, and E-HSMT according to the provisions of Circular No. 01/2024/TT-BKHĐT dated February 15, 2024, issued by the Minister of Planning and Investment, guiding the provision and posting of information on bidder selection and the model bidding documents on the national bidding network system (hereinafter referred to as Circular No. 01/2024/TT-BKHĐT):
a) a) In cases where the E-HSMST, E-HSMQT, and E-HSMT were posted on the System from January 1, 2024, to before February 27, 2024, the shortlisting, bidder selection, signing, and contract management will continue to be carried out in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, the remaining relevant provisions of Decree No. 63/2014/ND-CP dated June 26, 2014, of the Government on the detailed implementation of several articles of the Law on Bidding on bidder selection (hereinafter referred to as Decree No. 63/2014/ND-CP), and Circular No. 01/2024/TT-BKHĐT;
b) In cases where the E-HSMST, E-HSMQT, and E-HSMT were posted on the System from February 27, 2024, to before the effective date of this Circular, the shortlisting, bidder selection, signing, and contract management will continue in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP, and Circular No. 01/2024/TT-BKHĐT;
c) From the effective date of this Circular, for packages where the E-HSMST, E-HSMQT, and E-HSMT have not been prepared or have been prepared and approved but not yet posted on the System, the E-HSMST, E-HSMQT, and E-HSMT must be revised and approved according to the provisions of this Circular.
3. For packages where online bidder selection is not applied:
a) If the prequalification documents, expressions of interest, and bidding documents have been posted on the System from January 1, 2024, to before February 27, 2024, the shortlisting, bidder selection, signing, and contract management will continue to be carried out according to the provisions of the Law on Bidding No. 22/2023/QH15 and the remaining relevant provisions of Decree No. 63/2014/ND-CP;
b) If the prequalification documents, expressions of interest, and bidding documents were posted on the System from February 27, 2024, to before the effective date of this Circular, the shortlisting, bidder selection, signing, and contract management will continue in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP;
c) From the effective date of this Circular, for packages where the prequalification documents, expressions of interest, and bidding documents have not been prepared or have been approved but not yet posted on the System, the prequalification documents, expressions of interest, and bidding documents must be prepared, revised, appraised, and re-approved to comply with the provisions of the Law on Bidding and Decree No. 24/2024/ND-CP. The investor shall amend the bidding document templates issued with this Circular to match the method of offline bidder selection.
4. In cases where the bidder selection method changes from offline to online, the investor does not need to submit an adjustment of the bidder selection plan for approval but instead proceeds to amend the bidder selection method on the System from offline to online. The amendment process is to be conducted according to the User Guide.
2. For packages that have been approved for online bidder selection and have prepared E-HSMST, E-HSMQT, and E-HSMT according to the provisions of Circular No. 01/2024/TT-BKHĐT dated February 15, 2024, issued by the Minister of Planning and Investment, guiding the provision and posting of information on bidder selection and the model bidding documents on the national bidding network system (hereinafter referred to as Circular No. 01/2024/TT-BKHĐT):
a) a) In cases where the E-HSMST, E-HSMQT, and E-HSMT were posted on the System from January 1, 2024, to before February 27, 2024, the shortlisting, bidder selection, signing, and contract management will continue to be carried out in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, the remaining relevant provisions of Decree No. 63/2014/ND-CP dated June 26, 2014, of the Government on the detailed implementation of several articles of the Law on Bidding on bidder selection (hereinafter referred to as Decree No. 63/2014/ND-CP), and Circular No. 01/2024/TT-BKHĐT;
b) In cases where the E-HSMST, E-HSMQT, and E-HSMT were posted on the System from February 27, 2024, to before the effective date of this Circular, the shortlisting, bidder selection, signing, and contract management will continue in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP, and Circular No. 01/2024/TT-BKHĐT;
c) From the effective date of this Circular, for packages where the E-HSMST, E-HSMQT, and E-HSMT have not been prepared or have been prepared and approved but not yet posted on the System, the E-HSMST, E-HSMQT, and E-HSMT must be revised and approved according to the provisions of this Circular.
3. For packages where online bidder selection is not applied:
a) If the prequalification documents, expressions of interest, and bidding documents have been posted on the System from January 1, 2024, to before February 27, 2024, the shortlisting, bidder selection, signing, and contract management will continue to be carried out according to the provisions of the Law on Bidding No. 22/2023/QH15 and the remaining relevant provisions of Decree No. 63/2014/ND-CP;
b) If the prequalification documents, expressions of interest, and bidding documents were posted on the System from February 27, 2024, to before the effective date of this Circular, the shortlisting, bidder selection, signing, and contract management will continue in accordance with the provisions of the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP;
c) From the effective date of this Circular, for packages where the prequalification documents, expressions of interest, and bidding documents have not been prepared or have been approved but not yet posted on the System, the prequalification documents, expressions of interest, and bidding documents must be prepared, revised, appraised, and re-approved to comply with the provisions of the Law on Bidding and Decree No. 24/2024/ND-CP. The investor shall amend the bidding document templates issued with this Circular to match the method of offline bidder selection.
4. In cases where the bidder selection method changes from offline to online, the investor does not need to submit an adjustment of the bidder selection plan for approval but instead proceeds to amend the bidder selection method on the System from offline to online. The amendment process is to be conducted according to the User Guide.
Article 31. Effectiveness
1. This Circular shall come into effect from April 26, 2024.
2. From the effective date of this Circular, Circular No. 01/2024/TT-BKHĐT shall cease to be effective, except for the provisions outlined in Clause 3 of this Article.
3. Template No. 7A and Template No. 7B issued with Circular No. 01/2024/TT-BKHĐT shall remain in effect until the Circular guiding the bidding process for drugs at public medical institutions, issued by the Ministry of Health, takes effect.
4. If confidential information is required during the bidder selection process and cannot be disclosed on the System, the competent authority shall decide on the publication of the information during the bidder selection process.
5. For special packages where applying the provisions of the E-HSMST, E-HSMQT, and E-HSMT templates issued with this Circular would result in fewer than three bidders meeting the annual average revenue and similar contract requirements, the investor and bid inviter may adjust these requirements based on the following principles:
a) Any adjustments to the requirements for average annual revenue and similar contracts, which differ from the provisions of the E-HSMST, E-HSMQT, and E-HSMT templates, must ensure that the package is reasonably divided and not too large in scope to limit competition;
b) When submitting E-HSMST, E-HSMQT, and E-HSMT for approval, the bid inviter must clearly state the adjustments in the submission for the investor's consideration;
c) In all cases, the investor must ensure that bidder participation is not restricted, and the selected bidder must possess sufficient capacity and experience to execute the package.
6. From the effective date of this Circular, when preparing offline bidding documents, the investor and bid inviter shall apply the E-HSMT templates issued with this Circular, ensuring they do not conflict with the provisions of the Law on Bidding and Decree No. 24/2024/ND-CP.
7. Annually, the Ministry of Planning and Investment shall guide the provision and posting of information about bidding on the System, in line with the holiday and Tet schedules announced by the Ministry of Labor, Invalids, and Social Affairs.
8. The amendments to webform templates on the System shall be implemented in accordance with the provisions of Point đ, Clause 1, Article 135 of Decree No. 24/2024/ND-CP.
9. During implementation, if any issues arise, ministries, central-level agencies, People's Committees at all levels, state economic groups, state-owned general corporations, and relevant organizations and individuals are to send their feedback to the Ministry of Planning and Investment for timely guidance.
2. From the effective date of this Circular, Circular No. 01/2024/TT-BKHĐT shall cease to be effective, except for the provisions outlined in Clause 3 of this Article.
3. Template No. 7A and Template No. 7B issued with Circular No. 01/2024/TT-BKHĐT shall remain in effect until the Circular guiding the bidding process for drugs at public medical institutions, issued by the Ministry of Health, takes effect.
4. If confidential information is required during the bidder selection process and cannot be disclosed on the System, the competent authority shall decide on the publication of the information during the bidder selection process.
5. For special packages where applying the provisions of the E-HSMST, E-HSMQT, and E-HSMT templates issued with this Circular would result in fewer than three bidders meeting the annual average revenue and similar contract requirements, the investor and bid inviter may adjust these requirements based on the following principles:
a) Any adjustments to the requirements for average annual revenue and similar contracts, which differ from the provisions of the E-HSMST, E-HSMQT, and E-HSMT templates, must ensure that the package is reasonably divided and not too large in scope to limit competition;
b) When submitting E-HSMST, E-HSMQT, and E-HSMT for approval, the bid inviter must clearly state the adjustments in the submission for the investor's consideration;
c) In all cases, the investor must ensure that bidder participation is not restricted, and the selected bidder must possess sufficient capacity and experience to execute the package.
6. From the effective date of this Circular, when preparing offline bidding documents, the investor and bid inviter shall apply the E-HSMT templates issued with this Circular, ensuring they do not conflict with the provisions of the Law on Bidding and Decree No. 24/2024/ND-CP.
7. Annually, the Ministry of Planning and Investment shall guide the provision and posting of information about bidding on the System, in line with the holiday and Tet schedules announced by the Ministry of Labor, Invalids, and Social Affairs.
8. The amendments to webform templates on the System shall be implemented in accordance with the provisions of Point đ, Clause 1, Article 135 of Decree No. 24/2024/ND-CP.
9. During implementation, if any issues arise, ministries, central-level agencies, People's Committees at all levels, state economic groups, state-owned general corporations, and relevant organizations and individuals are to send their feedback to the Ministry of Planning and Investment for timely guidance.
(Note: The content may not be entirely accurate compared to the original version. Please review the attached PDF for verification.)
Documents of the Same Type "Circulars"
Code
Publtime
Summary
Code:12E
Publtime:17/11/2024
Model number 12E
Form No. 12E is used to create an online bid invitation form according to an abbreviated process in case of handling situations according to Article 131 of Decree 24/2024/ND-CP.
Code:12D
Publtime:17/11/2024
Model No. 12D
Form No. 12D is used to prepare an online bid invitation form for non-consulting service bidding packages according to an abbreviated process;
Code:12C
Publtime:17/11/2024
Form No. 12C
Form No. 12C is used to prepare an online bid invitation form for goods procurement bidding packages according to an abbreviated process;
Code:12B
Publtime:17/11/2024
Form No. 12B
Form No. 12B is used to prepare bidding documents for online non-consulting services in one stage and one envelope using the form of online bidding according to the usual process;
Code:12A
Publtime:17/11/2024
Form No. 12A
Form No. 12A is used to prepare bidding documents for one-stage, one-envelope online procurement of goods using the form of online bidding according to the usual process;
Documents of the Same Field "Đấu thầu"
Code
Publtime
Summary
Code:2C
Publtime:15/02/2024
Form 02C
Form No. 02C is used to prepare the Decision approving the bidder selection plan.
Code:2B
Publtime:15/02/2024
Form 02B
Form No. 02B is used to prepare a report on appraisal of contractor selection plan.
Code:2A
Publtime:15/02/2024
Form 02A
Form No. 02A is used to prepare the Bidder Selection Plan Proposal.
Documents of the Same Issuing Authority "Ministry of Planning and Investment"
Code
Publtime
Summary
Code:12E
Publtime:17/11/2024
Model number 12E
Form No. 12E is used to create an online bid invitation form according to an abbreviated process in case of handling situations according to Article 131 of Decree 24/2024/ND-CP.
Code:12D
Publtime:17/11/2024
Model No. 12D
Form No. 12D is used to prepare an online bid invitation form for non-consulting service bidding packages according to an abbreviated process;
Code:12C
Publtime:17/11/2024
Form No. 12C
Form No. 12C is used to prepare an online bid invitation form for goods procurement bidding packages according to an abbreviated process;
Code:12B
Publtime:17/11/2024
Form No. 12B
Form No. 12B is used to prepare bidding documents for online non-consulting services in one stage and one envelope using the form of online bidding according to the usual process;
Code:12A
Publtime:17/11/2024
Form No. 12A
Form No. 12A is used to prepare bidding documents for one-stage, one-envelope online procurement of goods using the form of online bidding according to the usual process;
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