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Form No. 4B

Form No. 4B is used to prepare the E-HSMT applying the form of open bidding, limited bidding according to the one-stage, two-envelope method.

Subject	Ministry of Planning and Investment	Code	4B
Category	Circulars	Signer	Nguyễn Chí Dũng
Area	Đấu thầu	Publtime	15/02/2024

FORM NO. 4B

Bidding documents for online procurement of goods in a one-stage, two-envelope process.

(Issued in accordance with Circular No. 06/2024/TT-BKHĐT
dated April 26, 2024, by the Minister of Planning and Investment)

BIDDING DOCUMENTS

Package No. and E-Invitation No. (on the System):	_________________
Package Name (as stated in the E-Invitation on the System):	_________________
Project/Procurement Estimate (as stated in the E-Invitation on the System):	_________________
Issued on (as stated in the E-Invitation on the System):	_________________
Issued along with Decision No. (as stated in the E-Invitation on the System):	_________________

TABLE OF CONTENTS

Summary Description
Part 1. BIDDING PROCEDURES
Chapter I. Instructions to Bidders
Chapter II. Bidding Data Sheet
Chapter III. Evaluation Criteria for Electronic Pre-qualification application
Chapter IV. Bidding and Submission Forms
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
Part 3A. CONTRACT CONDITIONS
Chapter VI. General Conditions of Contract
Chapter VII. Special Conditions of Contract
Or Part 3B. FRAMEWORK AGREEMENT (Applicable in cases of centralized procurement using a framework agreement)
Chapter VI. General Conditions of the Framework Agreement
Chapter VII. Special Conditions of the Framework Agreement
Chapter VIII. Framework Agreement
Part 4. CONTRACT FORMS

SUMMARY DESCRIPTION

Part 1. BIDDING PROCEDURES
Chapter I. Instructions to Bidders
This chapter provides information to assist bidders in preparing their Electronic Pre-qualification application. The information includes regulations on preparation, submission of Electronic Pre-qualification application, bid opening, evaluation of Electronic Pre-qualification application, and contract award. The provisions in this Chapter are to be used without modification.
This Chapter applies uniformly to all procurement of goods packages conducted online, is fixed in PDF format, and is uploaded on the System.
Chapter II. Bidding Data Sheet
This chapter specifically outlines the contents of Chapter I as they apply to each package.
This chapter is digitized in the form of webforms on the System. The investor inputs information into the Electronic Bidding Document List on the System.
Chapter III. Evaluation Criteria for Electronic Pre-qualification application
This chapter includes criteria for evaluating the Electronic Pre-qualification application. Specifically:
- Section 1 (Evaluation of Electronic Pre-qualification application validity) is fixed in PDF/Word format and uploaded on the System;
- Section 2 (Evaluation criteria for capacity and experience) is digitized in the form of a webform. The investor needs to enter the information into the corresponding webforms;
- Section 3 (Evaluation criteria for technical aspects), Section 4 (Evaluation criteria for financial aspects), and Section 5 (Alternative technical solutions in Electronic Pre-qualification application, if any) are PDF/Word files prepared by the investor and uploaded to the system.
Based on the information entered by the investor, the system automatically generates corresponding bidding forms according to the evaluation criteria.
Chapter IV. Bidding and Submission Forms
This chapter includes forms that the investor and bidders will need to complete to form part of the Electronic Bidding Document and Electronic Pre-qualification application content.
This chapter is digitized in the form of a webform. The investor and bidders need to input information into the corresponding webforms appropriate to the package to prepare the Electronic Bidding Document and Electronic Pre-qualification application on the system.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
This chapter outlines the technical requirements and drawings to describe the technical characteristics of goods and related services. Contents regarding inspection and testing of goods (if any) are displayed in PDF/Word/CAD files prepared by the investor and attached to the system.
Part 3A. CONTRACT CONDITIONS
Chapter VI. General Conditions of Contract
This chapter contains general provisions that apply to all contracts of various packages. These provisions must be used without modification.
This chapter applies uniformly to all procurement of goods packages conducted online, fixed in PDF format, and uploaded on the system.
Chapter VII. Special Conditions of Contract
This chapter includes contract data and special conditions, including specific provisions for each contract. The special conditions of the contract aim to elaborate and supplement but not replace the General Conditions of Contract.
This chapter is digitized in the form of a webform. The investor enters information into the Special Conditions of Contract on the system.
Part 3B. FRAMEWORK AGREEMENT (Applicable in cases of centralized procurement using a framework agreement)
Chapter VI. General Conditions of the Framework Agreement
Chapter VII. Special Conditions of the Framework Agreement
Chapter VIII. Framework Agreement

Part 4. CONTRACT FORMS

This section contains forms that, once completed, will become part of the contract. The Performance Guarantee forms (Guarantee Letter) and Advance Payment Guarantee (if an advance payment is required) are to be completed by the winning bidder before the contract comes into effect.
This section includes PDF/Word files prepared by the investor according to the template.

Part 1. BIDDING PROCEDURES
Chapter I. INSTRUCTIONS TO BIDDERS

1. Scope of the Package	1.1. The investor, as specified in the Electronic Bidding Document List, issues this set of Electronic Bidding Document to select the contractor for the procurement of goods package using the one-stage two-envelope method. 1.2. The name of the package, project/procurement estimate, the quantity, and the numbers of the parts of the package (in case the package is divided into multiple independent parts) are specified in Electronic Bidding Document List.
2. Definitions in Online Bidding	2.1. The bidding closing time is the deadline for receiving Electronic Pre-qualification application and is specified in the E-TBMT on the System. 2.2. The date is according to the Gregorian calendar, including weekends, holidays, and Tet holidays as prescribed by labor law. 2.3. The time and date on the System are the time and date displayed on the System (GMT+7).
3. Funding Source	The funding source for the package is specified in the Electronic Bidding Document List.
4. Prohibited Acts	4.1. Offering, accepting, or brokering bribes. 4.2. Abusing position or power to unlawfully influence or interfere with bidding activities in any form. 4.3. Collusive bidding includes the following acts: a) Arranging, agreeing, or coercing one or more parties to prepare or withdraw E-Bid submissions so that one party wins the bid; b) Arranging or agreeing to refuse to supply goods, services, or sign subcontract agreements, or engaging in other agreements to restrict competition to favor one party in winning the bid; c) A capable and experienced contractor participates in the bidding and meets the requirements of the Electronic Bidding Document but intentionally does not provide documentation to prove capability and experience when requested for clarification or document verification, to favor another party in winning the bid. 4.4. Fraud includes the following acts: a) Forging or falsifying information, documents, or records in the bidding process; b) Intentionally providing false or biased information in the E-Bid submission to distort the results of contractor selection. 4.5. Obstruction includes the following acts: a) Destroying, deceiving, altering, concealing evidence, or falsely reporting; threatening or suggesting to any party to prevent the clarification of acts of giving, receiving, or brokering bribes, fraud, or collusion with the competent authorities in charge of supervision, inspection, audit; b) Obstructing the authority, investor, procuring entity, or contractor in the selection of a contractor; c) Obstructing the competent authorities from supervising, inspecting, auditing procurement activities; d) Intentionally filing false complaints, accusations, or petitions to hinder the procurement process; đ) Violating cybersecurity laws to interfere with or hinder online bidding activities. 4.6. Failing to ensure fairness and transparency includes the following acts: a) Participating in bidding as a contractor for a package for which the bidder is also the procuring entity, investor, or performs tasks of the procuring entity or investor, in violation of the Bidding Law; b) Involvement in both preparing and appraising the Electronic Bidding Document for the same package; c) Involvement in both evaluating the Electronic Pre-qualification application and appraising the contractor selection results for the same package; d) Individuals from the procuring entity or investor directly participating in the contractor selection process or being part of the expert or appraisal group for contractor selection results, or are authorized personnel or heads of the investor, procuring entity for packages in which their family members, as defined by the Law on Enterprises, bid or legally represent a bidding contractor; đ) Contractors participating in procurement packages for goods provided by the same contractor offering consulting services: preparing, appraising, or verifying cost estimates, technical designs, construction drawings, overall engineering designs (FEED); preparing or appraising Electronic Pre-qualification invitation Documents, Electronic Bidding Document; evaluating Electronic Pre-qualification application documents, Electronic Pre-qualification application; inspecting goods; appraising contractor selection results; supervising contract implementation; e) Bidding for a package under a project where the procuring entity, investor, is an agency or organization where they worked and held leadership or management positions within 12 months from the date they left that organization; g) Specifying particular brands or origins of goods in the Electronic Bidding Document, except as stipulated in point e, clause 3, Article 10, clause 2, Article 44, and clause 1, Article 56 of the Bidding Law; h) Including conditions in the Electronic Bidding Document to limit contractor participation or to favor one or several contractors, causing unfair competition in violation of clause 3, Article 44 of the Bidding Law; 4.7. Disclosing documents or information about the contractor selection process, except for providing information as stipulated in point b, clause 8, Article 77, clause 11, Article 78, point h, clause 1, Article 79, clause 4, Article 80, clause 4, Article 81, clause 2, Article 82, point b, clause 4, Article 93 of the Bidding Law, including: a) Contents of the Electronic Bidding Document before the issuance time as stipulated; b) Contents of the Electronic Pre-qualification application; clarification requests from the procuring entity and responses from the contractor during the Electronic Pre-qualification application evaluation; reports from the procuring entity, expert group, appraisal group, consultant contractor, and relevant technical authorities during contractor selection; meeting minutes of bidding evaluations, comments, and assessments of each Electronic Pre-qualification application before they are officially disclosed as stipulated; c) Contractor selection results before they are officially disclosed as stipulated; d) Other documents during contractor selection determined to contain state secrets under the law. 4.8. Transferring contracts in the following cases: a) A contractor transfers to another contractor a portion of work outside the maximum value for subcontractors and the volume of work reserved for special subcontractors as stipulated in the contract; b) A contractor transfers to another contractor a portion of work not exceeding the maximum value for subcontractors stipulated in the contract but outside the scope of work allocated for subcontractors proposed in the Electronic Pre-qualification application without approval from the investor or supervising consultant; c) The investor or supervising consultant approves the contractor's transfer of work as specified in point a of this clause; d) The investor or supervising consultant approves the contractor's transfer of work as specified in point b of this clause, exceeding the maximum value for subcontractors stipulated in the contract.
5. Eligibility of the Bidder	5.1. The bidder is an organization that meets the following conditions: a) Independent financial accounting; b) Not in the process of dissolution or having its enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate, or cooperative group certificate revoked; not in a state of insolvency under bankruptcy laws; c) Ensures competition in bidding as stipulated in Electronic Bidding Document List; d) Not currently under a bidding ban as prescribed by the Law on Bidding; đ) Not currently under criminal investigation; e) Not in a state of suspension or termination of participation in the System. 5.2. The bidder is a business household that meets the following conditions: a) Has a business registration certificate as required by law; b) Not in the process of terminating operations or having its business registration certificate revoked; the business household owner is not under criminal investigation; c) Meets the conditions stipulated in points c, d, and e of Section 5.1 Electronic Competitive Dialogue and Negotiated Tendering. 5.3. The bidder is an individual or group of individuals submitting bids for their innovative products that meet the provisions of Clause 4, Article 5 of Decree No. 24/2024/ND-CP detailing the implementation of several articles and measures of the Law on Bidding regarding contractor selection (hereinafter referred to as Decree No. 24/2024/ND-CP) and is eligible to participate when meeting the following conditions: a) Has full legal capacity according to the laws of the country in which the individual is a citizen; b) Meets the conditions stipulated in points c, d, đ, and e of Section 5.1 Electronic Competitive Dialogue and Negotiated Tendering. 5.4. For packages valued below VND 500 million under the procurement estimates, the application of procurement from contractors with 50% or more of their workforce consisting of persons with disabilities, wounded soldiers, or ethnic minorities, with labor contracts of 03 months or more, and where contracts are still valid at the bid closing time, is regulated in Clause 1, Article 7 of Decree No. 24/2024/ND-CP and shall be implemented according to Bidding Document List.
6. Contents of the E-Bidding Document	6.1. The E-Bidding Document includes the E-Notice of Bid Invitation and Parts 1, 2, 3A (or Part 3B), Part 4 along with documents amending and clarifying the E-Bidding Document as prescribed in Section 7 of the E-Procurement Document (if any), which includes the following contents: Part 1. Bidding Procedures: - Chapter I. Instructions to Bidders; - Chapter II. Bidding Data Sheet; - Chapter III. Evaluation Criteria for E-Bids; - Chapter IV. Bidding and Tender Forms. Part 2. Technical Requirements: - Chapter V. Technical Requirements. Part 3A. Contract Conditions[1]: - Chapter VI. General Conditions of Contract; - Chapter VII. Specific Conditions of Contract; Part 3B. Framework Agreement[2] (Applicable in case of centralized procurement using framework agreements) - Chapter VI. General Conditions of the Framework Agreement; - Chapter VII. Specific Conditions of the Framework Agreement; - Chapter VIII. Framework Agreement; Part 4. Contract Forms. 6.2. The investor will not be responsible for the accuracy or completeness of the E-Bidding Document, clarification documents, or amended documents as prescribed in Section 7 of the E-Procurement Document if these documents are not provided by the investor on the System. The E-Bidding Document issued by the investor on the System will be the basis for review and evaluation. 6.3. Bidders must study all information in the E-Notice of Bid Invitation, E-Bidding Document, and amendments or clarifications to the E-Bidding Document, including the minutes of the pre-bid conference (if any), to prepare the E-Bid in compliance with the requirements of the E-Bidding Document.
7. Amendments and Clarifications of the E-Bidding Document	7.1. In case of amendments to the E-Bidding Document, the Procuring Entity shall publish the amendment decision along with the amended contents and the revised E-Bidding Document (webform and attached file). Amendments to the E-Bidding Document must be made at least 10 days before the bid closing date; for packages with a bid value not exceeding 10 billion VND, amendments must be made at least 3 working days before the bid closing date, ensuring sufficient time for the bidder to complete the E-Bid; if the aforementioned timeline is not met, the bid closing date must be extended. 7.2. In case clarifications of the E-Bidding Document are needed, bidders must submit a request for clarification to the Procuring Entity via the System no later than 3 working days before the bid closing date for the Procuring Entity to review and process. The Procuring Entity shall receive the clarification request, review, and respond via the System no later than 2 working days before the bid closing date, describing the clarification request without mentioning the name of the bidder requesting the clarification. If the clarification results in the need to amend the E-Bidding Document, the Procuring Entity shall amend the E-Bidding Document in accordance with Section 7.1 of the E-Procurement Document. 7.3. The Procuring Entity is responsible for monitoring the System to promptly clarify the E-Bidding Document upon the bidder's request. 7.4. Bidders are responsible for monitoring the System to update information regarding amendments to the E-Bidding Document, changes in the bid closing date (if any), to ensure the proper preparation of the E-Bid. In case of any errors due to failure to monitor or update information on the System that result in disadvantages for the bidder during the bidding process, such as changes or amendments to the E-Bidding Document, the bid closing date, contract negotiation dates, and other contents, the bidder must take responsibility and accept the disadvantages during the bidding process. 7.5. If necessary, the Procuring Entity may hold a pre-bid conference to discuss unclear issues in the E-Bidding Document as prescribed in Electronic Bidding Document List. The Procuring Entity shall post an announcement on the System regarding the pre-bid conference; all interested bidders may attend the pre-bid conference without prior notification to the Procuring Entity. The content of discussions between the Procuring Entity and bidders must be recorded and documented as a clarification of the E-Bidding Document, which shall be posted on the System within 2 working days after the conclusion of the pre-bid conference. 7.6. If the E-Bidding Document needs to be amended after the pre-bid conference, the Procuring Entity shall amend the E-Bidding Document in accordance with Section 7.1 of the E-Procurement Document. The minutes of the pre-bid conference are not considered an amendment to the E-Bidding Document. 7.7. The bidder's failure to attend the pre-bid conference or provide a confirmation of attendance does not constitute a reason for rejecting the bidder's E-Bid.
8. Bidding Costs	The E-Bidding Document is issued free of charge on the System immediately after the Procuring Entity successfully uploads the E-Notice of Bid Invitation on the System. The bidder shall bear all costs related to the bidding process. The cost of submitting the E-Bid shall comply with the Electronic Bidding Document List. Under no circumstances shall the Investor be responsible for any costs related to the bidder's participation in the bidding process.
9. Language of the E-Bid	The E-Bid and all documents and materials related to the E-Bid must be written in Vietnamese. Supplementary documents in the E-Bid (catalogs, etc.) may be written in other languages, accompanied by a Vietnamese translation. In the absence of a translation, the Procuring Entity may request the bidder to provide one (if necessary).
10. Components of the E-Bid	The E-Bid includes the E-Technical Proposal (Electronic Technical Proposal) and the E-Financial Proposal (Electronic Financial Proposal), as follows: 10.1. The E-Technical Proposal (Electronic Technical Proposal) must include the following components: a) The Bid Form in the E-Technical Proposal (Electronic Technical Proposal), which is extracted by the System in accordance with Section 11 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering); b) The joint venture agreement extracted by the System according to Form No. 03, Chapter IV (for joint venture bidders); c) Bid security as prescribed in Section 18 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering); d) Declaration of the bidder's capacity and experience as prescribed in Section 16 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering); đ) Technical proposal and documentation as prescribed in Section 15 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering); e) Alternative technical proposal in the E-Bid as prescribed in Section 12 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering) (if any). The technical proposal must not contain any financial information. If the technical proposal includes significant financial information, the bidder will face disadvantages during the evaluation of the E-Bid. 10.2. The E-Financial Proposal (Electronic Financial Proposal) must include the following components: a) The bid form in the E-Financial Proposal (Electronic Financial Proposal) extracted by the System in accordance with Section 11 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering); b) Financial proposal and forms fully filled out as prescribed in Sections 11 and 13 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering). 10.3. Other contents as prescribed in the Electronic Bidding Document List.
11. Bid Form and Price Schedules	The bidder must complete all Forms in Chapter IV. The bidder should review the information in the Bid Form and price schedules extracted by the System to complete the E-Bid.
12. Alternative Technical Proposal in the E-Bid	12.1. An alternative technical proposal will only be considered if the E-Bidding Document specifies in the Electronic Bidding Document List that the bidder is allowed to propose an alternative technical solution. 12.2. The alternative technical proposal will only be considered if the primary proposal is evaluated as meeting the requirements and the bidder is ranked first. In such cases, the bidder must provide all necessary information for the Procuring Entity to evaluate the alternative technical proposal, including explanations, drawings, specifications, supply schedules, costs, and other relevant information. The evaluation of the alternative technical proposal in the E-Bid shall be conducted in accordance with Section 5, Chapter III.
13. Bid Price and Discounts	For procurement packages that do not involve centralized purchasing, where bidder selection is based on the bidder's supply capability, the System will extract the following: 13.1. The bid price stated in the bid form and price schedules, along with any discounts, must comply with the provisions in this section: a) The bid price is the price offered by the bidder in the bid form, including all costs to execute the package (before discounts). The System will automatically extract the bid price from Form 11.1 or Form 11.2 in Chapter IV into the bid form. b) All parts (for packages divided into multiple parts) and items must be priced separately in the bid price schedules; c) For packages not divided into parts, if the bidder offers a discount, the percentage discount must be entered in the bid form. This discount is understood to be uniformly applied to all items in the bid price schedules. For fixed-price or adjustable-price contracts, the discount is calculated on the bid price excluding contingencies. d) The bidder must submit an E-Bid for all the required work in the E-Bidding Document and list bid prices for all work items in the columns "List of Goods" and "Service Description" according to Form 12.1 (12.1A, 12.1B, or 12.1C) or Form 12.2 (12.2A, 12.2B, or 12.2C), Form 13 (13A or 13B), Chapter IV. 13.2. If the package is divided into independent parts and allows bidding for each part, the bidder may bid on one or more parts of the package. The bidder must bid on all items in the part they are participating in. If the bidder offers a discount, it can be done in one of two ways: a) First method: enter the percentage discount in the bid form (in this case, it is understood that the bidder applies the same discount to all the parts they are bidding on). b) Second method: enter the percentage discount for each part into the webform on the System. 13.3. The bidder is responsible for the bid price to execute and complete the works as required in the E-Bidding Document. If the bidder provides an abnormally low unit price that affects the package quality, the Procuring Entity shall request the bidder to clarify the feasibility of such an abnormally low price in accordance with Clause 11, Article 131 of Decree No. 24/2024/ND-CP. 13.4. The bidder's bid price must include all taxes, fees, and charges (if any), applying the tax rates and fees in effect 28 days before the bid closing date. If the bidder declares that the bid price does not include taxes, fees, or charges (if any), the bidder's E-Bid will be disqualified. 13.5. The bidder shall offer the bid price as prescribed in the Electronic Bidding Document List. For procurement packages involving centralized purchasing, where bidder selection is based on supply capability, the System will extract the following: 13.1. The bid price stated in the bid form and price schedules, along with any discounts, must comply with the provisions in this section: a) The bid price is the price offered by the bidder in the bid form, including all costs to execute the work scope offered by the bidder based on their supply capability (before discounts). The System will automatically extract the bid price from Form 11.1 or Form 11.2 in Chapter IV into the bid form. b) One or more parts (for packages divided into multiple parts) and one or more items must be separately priced in the bid price schedules; c) For packages not divided into parts, if the bidder offers a discount, the percentage discount must be entered in the bid form. This discount is understood to be uniformly applied to all items in the bid price schedules. For fixed-price or adjustable-price contracts, the discount is calculated on the bid price excluding contingencies. d) The bidder submits an E-Bid for the work scope they are capable of supplying from the list of work items in the E-Bidding Document and lists the unit prices for these work items in the columns "List of Goods" and "Service Description" according to Form 12.1 (12.1A, 12.1B, or 12.1C) or Form 12.2 (12.2A, 12.2B, or 12.2C), Form 13 (13A or 13B), Chapter IV. 13.2. If the package is divided into independent parts and allows bidding for each part, the bidder may bid on one or more parts of the package. For each part, the bidder may either offer the full quantity and items as required by the E-Bidding Document for that part or offer based on the quantity and items they are capable of supplying (even if not meeting the full quantity required by the E-Bidding Document for that part). If the bidder offers a discount, it can be done in one of two ways: a) First method: enter the percentage discount in the bid form (in this case, it is understood that the bidder applies the same discount to all the parts they are bidding on). b) Second method: enter the percentage discount for each part into the webform on the System. 13.3. The bidder is responsible for the bid price to execute and complete the works based on the scope of work offered by the bidder. If the bidder offers an abnormally low unit price that affects the package quality, the Procuring Entity shall request the bidder to clarify the feasibility of such an abnormally low price in accordance with Clause 11, Article 131 of Decree No. 24/2024/ND-CP. 13.4. The bidder's bid price must include all taxes, fees, and charges (if any), applying the tax rates and fees in effect 28 days before the bid closing date. If the bidder declares that the bid price does not include taxes, fees, or charges (if any), the bidder's E-Bid will be disqualified. 13.5. The bidder shall offer the bid price as prescribed in the Electronic Bidding Document List
14. Bid Currency and Payment Currency	The bid currency and payment currency is VND.
15. Documents Demonstrating the Compliance of Goods and Related Services	15.1. To demonstrate the compliance of the goods and related services with the requirements of the E-Bidding Document, the bidder must provide documents to prove that the goods offered comply with the technical requirements set out in Chapter V. These documents are part of the E-Bid. 15.2. The term “goods” includes machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumer goods; medicines, chemicals, testing supplies, medical equipment; commercial software... 15.3. The term “origin” is understood as the country or territory where the goods are extracted, bred, cultivated, produced, manufactured, or processed in that country or territory, through a process of manufacture, processing, or assembly that results in a product recognized commercially and that is substantially different in basic characteristics from the initial components. 15.4. The term “related services” includes services such as insurance[3], installation, maintenance, initial repairs, or other after-sales services such as training, technology transfer... 15.5. The bidder must declare the origin of goods in Form No. 10B, Chapter IV. If the bidder offers multiple origins for a single unit of goods (one item, one piece, etc.) but from the same manufacturer and at the same unit price, the Procuring Entity shall request the bidder to clarify the specific origin of such goods. 15.6. Requirements for the origin of goods are carried out according to Form No. 01A, 01B, 01C in Chapter IV. If the Investor requires the origin from a group of countries or territories as prescribed in Clause 2, Article 44 of the Law on Bidding, the bidder must offer goods with the required origin or Vietnamese origin, even if the group of countries or territories requested by the Investor does not include Vietnam. If the bidder offers goods without the required origin in the E-Bidding Document or not of Vietnamese origin, the bidder will be disqualified. If the Investor requires the bidder to offer goods of Vietnamese origin according to Point e, Clause 3, Article 10 of the Law on Bidding, and the bidder offers goods not of Vietnamese origin, they will be disqualified. 15.7. Documents demonstrating the compliance of goods and related services may include records, documents, drawings, and data, described in detail for each item, regarding the technical specifications and basic functions of the goods and related services. These documents should demonstrate the basic compliance of the goods and services with the requirements of the E-Bidding Document and provide a list of discrepancies and exceptions (if any) compared to the provisions in Chapter V. 15.8. The bidder must provide a full list of materials, prices, suppliers of spare parts, specialized tools, and consumables... (hereinafter referred to as materials and spare parts) necessary to ensure the proper and continuous operation of the goods for the period specified in Electronic Bidding Document List. 15.9. The standards for the manufacture, production processes of materials and equipment, as well as references to the brand or catalog numbers stipulated by the Investor in Chapter V, are for description purposes only and not intended to limit the bidder. The bidder may propose alternative quality standards, brands, or catalogs as long as the bidder can demonstrate to the Procuring Entity that such alternatives still ensure basic or superior equivalence to the requirements set forth in Chapter V.
16. Documents Demonstrating the Bidder's Capability and Experience	16.1. The bidder must fill out the necessary information in the Forms in Chapter IV to provide details on capability and experience as required in Chapter III. If invited for document verification, the bidder must have the documents ready for verification against the information declared in the E-Bid and for the Investor's record. 16.2. Requirements for documents to demonstrate the bidder's capability to perform the contract if awarded the bid are carried out according to the Electronic Bidding Document List. 16.3. If the package involves pre-qualification and there is a change in the bidder's capability and experience between the time of submitting the E-Bid and the pre-qualification phase, the bidder must update their capability and experience accordingly.
17. Validity Period of E-Bid	17.1. The E-Bid shall be valid for no less than the period specified in the Electronic Bidding Document List. 17.2. If necessary, before the expiration of the E-Bid validity period, the Procuring Entity may request bidders to extend the validity of their E-Bids, and at the same time, request the bidder to extend the validity period of the bid security (by the extended E-Bid validity period plus an additional 30 days). If the bidder does not agree to extend the E-Bid validity period, the E-Bid will no longer be considered, and in such cases, the bidder is not required to submit the original bid security to the Procuring Entity. Bidders agreeing to the extension of the E-Bid validity period shall not be permitted to modify any content of the E-Bid, except for the extension of the bid security. The request for and agreement to the extension shall be conducted via the System.
18. Bid Security	18.1. When participating in online bidding, the bidder must secure the bid before the bid closing time through one or more forms of a bid security letter issued by a legal representative of a domestic credit institution or a branch of a foreign bank established in accordance with Vietnamese law, or a bid security insurance certificate issued by a domestic non-life insurance company, or a branch of a foreign non-life insurance company established in accordance with Vietnamese law. issued. In cases where the bid security value is less than 20 million VND, follow the regulations in Section 18.8 of the Electronic Competitive Dialogue and Negotiated Tendering. For paper-based bid security guarantees or insurance certificates, the bidder shall scan the bank guarantee letter or insurance certificate and attach it when submitting the E-Bid. For electronic bid security, the bidder shall select the electronic bid security issued and stored on the System. If the E-Bid validity period is extended as specified in Section 17.2 of the Electronic Competitive Dialogue and Negotiated Tendering, the bid security must also be extended accordingly. For joint ventures, all members must use the same form of bid security: either electronic bid security or paper-based. In the case of a joint venture, the bid security can be carried out in one of two ways: a) Each member of the joint venture will separately provide bid security, but the total value must not be less than the required amount specified in Section 18.2 of the Electronic Competitive Dialogue and Negotiated Tendering; if the bid security of one member in the joint venture is deemed invalid, the E-Bid of that joint venture will not be considered or evaluated further. If any member of the joint venture violates the law, leading to forfeiture of the bid security as specified in point b of Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering, the bid security of all members in the joint venture will be forfeited; b) The joint venture members agree that one member will be responsible for providing the bid security on behalf of the joint venture members. In this case, the bid security can include the name of the joint venture or the name of the member responsible for providing the bid security for the other members in the joint venture, but the total value must not be less than the required amount specified in Section 18.2 of the Electronic Competitive Dialogue and Negotiated Tendering. If any member of the joint venture violates the law, leading to forfeiture of the bid security as specified in point b of Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering, the bid security of all members in the joint venture will be forfeited. 18.2. The value, currency, and validity period of the bid security are specified in detail in the Electronic Bidding Document List, for procurement packages involving centralized purchasing where bidder selection is based on supply capability, the bid security of the bidder corresponds to the bid price stated in the bid form after discounts (if any) with the bid security percentage specified in the Electronic Bidding Document List. The validity period of the bid security is calculated from the bid closing date to the last valid day of the bid security (the end of the bid security validity period is within the last day of its validity without needing to reach the end of the 24-hour period of that day). 18.3. The bid security is deemed invalid if it falls under one of the following cases: its value is lower, its validity period is shorter than required under Section 18.2 of the Electronic Competitive Dialogue and Negotiated Tendering, it is addressed to an incorrect beneficiary, it lacks a valid signature (or electronic signature for electronic bid security), it was signed before the Investor issued the E-Bidding Document, or it contains conditions unfavorable to the Investor or the Procuring Entity (including failure to meet all commitments as required in Form No. 04A, Form No. 04B in Chapter IV). In cases of bid security letters or insurance certificates, the security letter or insurance certificate must be signed and stamped (if any) by a legal representative of a domestic credit institution, or a branch of a foreign bank established under Vietnamese law, or a domestic non-life insurance company, or a branch of a foreign non-life insurance company established under Vietnamese law. 18.4. Unsuccessful bidders will have their bid security returned or released within the time limit specifiedElectronic Bidding Document List. For the successful bidder, the bid security will be returned or released when the contract comes into effect. 18.5. Cases where the original bid security letter or insurance certificate (for paper-based bid security) must be submitted to the Procuring Entity: a) The bidder is invited for document verification, contract negotiation (if any); b) The bidder violates the bidding regulations leading to forfeiture of the bid security in the following cases: - After the bid closing time and during the E-Bid validity period, the bidder submits a written withdrawal of the E-Bid or refuses to perform one or more tasks proposed in the E-Bid as required by the E-Bidding Document; - The bidder commits an act in violation of the Law on Bidding, leading to the cancellation of the bid as specified in points d and dd, Clause 1, Article 17 of the Law on Bidding; - The bidder fails to implement the contract performance security measures as prescribed in Article 68 of the Law on Bidding; - The bidder fails to carry out or refuses to verify documents within 5 working days from the date of receiving the invitation for document verification or has verified the documents but refuses to sign the verification minutes, except for cases of force majeure; - The bidder fails to carry out or refuses to negotiate the contract (if any) within 5 working days from the date of receiving the contract negotiation invitation or has negotiated the contract but refuses to sign the contract negotiation minutes, except for cases of force majeure; - The bidder fails to complete or refuses to finalize the contract, framework agreement within 10 days from the date of receiving the notice of bid selection from the Procuring Entity, except for cases of force majeure; - The bidder fails to carry out or refuses to sign the contract, framework agreement within 10 days from the date of completing the contract, framework agreement, except for cases of force majeure;. 18.6. Within 5 working days from the date of receiving the request from the Procuring Entity, if the bidder refuses or fails to submit the original bid security letter, insurance certificate (for paper-based bid security) as requested by the Procuring Entity, the bidder will be subject to sanctions in accordance with the commitments in the bid submission. 18.7. In the case of a procurement package divided into multiple independent parts, the bidder may choose to submit bid security in one of the following two ways: a) Joint bid security for all parts for which the bidder is participating (the bid security value will be equal to the total value of the parts the bidder is participating in). If the bid security value submitted by the bidder is less than the cumulative total value, the Procuring Entity reserves the right to decide which part(s) the bid security will be applied to from the parts the bidder is participating in; b) Separate bid security for each part in which the bidder is participating. In case the bidder violates and results in forfeiture of bid security as stipulated in point b of Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering, the forfeiture will be applied to the part in which the bidder violated. 18.8. For packages with bid security amounts under Section 18.2 of the Electronic Competitive Dialogue and Negotiated Tendering less than 20 million VND, at the time of bid closing, the bidder is not required to attach a bid guarantee letter or an insurance guarantee certificate as specified in Section 18.1 of the Electronic Competitive Dialogue and Negotiated Tendering, but must commit in the bid submission (no separate written commitment is needed) that if invited for document verification or if violating point b of Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering, they will submit an amount of money or a cashier’s check (if the cashier’s check meets the investor's requirements for validity) or a bid security or insurance guarantee certificate with the value specified in Section 18.2 of the Electronic Competitive Dialogue and Negotiated Tendering. If the bidder does not comply with this commitment, they will be subject to penalties according to their commitment in the bid submission (being named on the System and having their account locked for 6 months, starting from the date the Bidding Management Department, Ministry of Planning and Investment receives the investor's request). If the bidder violates the provision in point b of Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering, they will not be refunded the bid security amount.
19. Bid Closing Time	19.1. The bid closing time is as specified in the E-TBMT. 19.2. The investor may extend the bid closing time by amending the E-TBMT. When the bid closing time is extended, all responsibilities of the investor and the bidder related to the previous bid closing time will be adjusted according to the new extended bid closing time.
20. Submission, Withdrawal, and Amendment of E-Bids	20.1. Submission of E-Bids: The bidder may only submit one E-Bid for one E-TBMT when participating in online bidding. In the case of a joint venture, the leading member of the joint venture (as agreed in the joint venture agreement) submits the E-Bid after obtaining the approval of all members in the joint venture. 20.2. Amendment and Resubmission of E-Bids: If it is necessary to amend an already submitted E-Bid, the bidder must withdraw the entire previously submitted E-Bid to make appropriate amendments. After completing the revised E-Bid, the bidder must resubmit the new E-Bid. If the bidder submitted the E-Bid before the investor amended the E-Bidding Document (if any), the bidder must resubmit a new E-Bid in accordance with the amended E-Bidding Document. 20.3. Withdrawal of E-Bids: The bidder may withdraw the E-Bid before the bid closing time. The system will notify the bidder of the status of the E-Bid withdrawal (successful or unsuccessful). The system will record information on the bidder's E-Bid withdrawal time. 20.4. The bidder may only withdraw, amend, or resubmit the E-Bid before the bid closing time. After the bid closing time, all successfully submitted E-Bids on the system will be opened for evaluation.
21. Opening of Electronic Technical Proposal	21.1. The Procuring Entity must open the Electronic Technical Proposal and publicly disclose the minutes of the opening of the Electronic Technical Proposal on the system within no more than 2 hours from the bid closing time. In the case of only 1 or 2 bidders submitting E-Bids, the Procuring Entity must report to the Investor for consideration and handling in accordance with Clause 5, Article 131 of Decree No. 24/2024/ND-CP; in case no bidders submit E-Bids, the Investor may consider extending the bid closing time or reorganizing the online bidding process (cancel this E-TBMT and post a new E-TBMT) in accordance with Clause 4, Article 131 of Decree No. 24/2024/ND-CP. 21.2. The minutes of the opening of Electronic Technical Proposal are publicly posted on the system, including the following main contents: a) Information about the package: - E-TBMT number; - Package name; - Investor’s name; - Selection method; - Contract type; - Time of bid opening completion; - Total number of bidders. b) Information about the participating bidders: - Bidder’s name; - Bid security value and validity[4]; - Validity period of the Electronic Technical Proposal; - Contract implementation time; - Other related information (if any). c) In case the package is divided into independent parts, the bid price for each part must be included as per point b of this clause.
22. Evaluation of Electronic Technical Proposal	22.1. The procuring entity applies the evaluation method as stipulated in Electronic Bidding Document List to evaluate Electronic Technical Proposal. 22.2. The process for evaluating Electronic Technical Proposal is as follows: a) Step 1: Evaluate eligibility in accordance with Section 1 of Chapter III. - The system automatically evaluates based on the bidder's commitments in the bid submission regarding the following: + The legal eligibility of the bidder; + Within 3 years prior to the bid closing date, the bidder has not had personnel (who signed labor contracts with the bidder at the time of the violation) convicted by a court for serious violations of bidding regulations under criminal law to favor the bidder in winning the bid. . In case the expert team discovers that the bidder's commitments are dishonest, leading to distortion of the bidding results, the bidder will be considered to have committed fraud in bidding. - The expert team evaluates the validity of the bid security, joint venture agreement (for joint ventures). For bid security in centralized procurement, where bidder selection is based on supply capability, the determination of the validity of bid security is done during the financial evaluation step. - The bidder who is evaluated as passing all eligibility criteria will proceed to the capacity and experience evaluation. b) Step 2: Evaluate capacity and experience in accordance with Section 2 of Chapter III - The system automatically evaluates the following aspects: history of contract non-fulfillment, tax declaration and payment obligations, financial performance, and average annual revenue based on the information declared and extracted in the Electronic Pre-qualification application. For the contents evaluated automatically by the system, the bidder does not need to attach documents to prove them when submitting the Electronic Pre-qualification application. - For the evaluation of similar contracts, production capacity of goods, the expert team will evaluate based on the information declared by the bidder on the webform and the attached documents. - For the key personnel evaluation, the expert team will evaluate based on the information declared by the bidder. - The bidder who is evaluated as passing all capacity and experience criteria will proceed to the technical evaluation. c) Step 3: Evaluate the technical aspects in accordance with Section 3 of Chapter III. The bidder whose Electronic Technical Proposal does not meet the requirements will not proceed to the opening of the Electronic Financial Proposal for evaluation. The procuring entity will publish the list of bidders who meet the technical requirements on the system.. 22.3. Principles for evaluating Electronic Technical Proposal: a) For the contents evaluated automatically by the system, including legal eligibility, the bidder has no personnel convicted by a court for serious violations of bidding regulations, contract non-fulfillment history due to the bidder's fault, tax declaration and payment obligations, financial performance, average annual revenue. In cases where the bidder does not declare information or declares incorrectly, incompletely, or fails to meet the Electronic Bidding Document requirements, the system will evaluate the bidder as "fail" for that content. The expert team cannot change the evaluation from "fail" to "pass" once the system has evaluated it as "fail." If the bidder's committed or declared information in the Electronic Pre-qualification application is dishonest, leading to distortion of the Electronic Pre-qualification application evaluation results, the bidder will be considered to have committed fraud; b) In case of discrepancies between the bid security information declared by the bidder on the webform and the scanned bid security file, the evaluation will be based on the information in the scanned bid security file (in the case of a bid guarantee letter or a written insurance guarantee). c) In case of inconsistencies between the information on similar contracts declared on the webform and the supporting documents attached, the procuring entity will request the bidder to clarify the Electronic Pre-qualification application. If the contracts declared or attached in the Electronic Technical Proposal do not meet the Electronic Bidding Document requirements or the bidder does not declare or incompletely declares similar contracts on the webform, the procuring entity will request the bidder to clarify or submit additional contracts (updated from the bidder's capability profile on the system) to meet the Electronic Bidding Document requirements within an appropriate timeframe but not less than 3 working days. If the bidder does not have contracts that meet the Electronic Bidding Document requirements, the bidder will be disqualified; d) In case the key personnel proposed by the bidder in Electronic Technical Proposal do not meet the requirements or fail to demonstrate the ability to mobilize personnel (including the case where personnel have already been mobilized for another contract with a working time that overlaps with the execution time of this bidding package), the procuring entity allows the bidder to supplement or replace them. The bidder is allowed to supplement or replace personnel for each position only once within an appropriate timeframe, but not less than 3 working days. If the bidder does not have replacement personnel that meet the Electronic Bidding Document requirements, the bidder will be disqualified. In all cases, if the bidder declares personnel dishonestly, the bidder is not allowed to replace the personnel, their Electronic Pre-qualification application will be disqualified, and the bidder will be considered fraudulent as per Clause 4 of Article 16 of the Law on Bidding and handled according to the provisions in point a, Clause 1, Article 125 of Decree No.24/2024/NĐ-CP. đ) For the origin of goods, in case of inconsistencies between the information declared on the webform and the attached file, the procuring entity shall request clarification of the Electronic Pre-qualification application; e) For contents other than those specified at points a, b, c, d, and đ of this clause, in case of inconsistencies between the information declared on the webform and the attached file, the information on the webform will serve as the basis for review and evaluation; g) At the financial evaluation stage, if the bidder does not declare information in the form regarding the preferences for domestically produced goods as a basis for calculating preferences, the bidder will not be entitled to the preferences.
23. Opening of Electronic Financial Proposal	23.1. The Electronic Financial Proposal of the bidders listed as meeting the technical requirements will be opened and publicly disclosed by the procuring entity on the system. 23.2. The minutes of the opening of the Electronic Financial Proposal will be publicly posted on the system, including the following key information: a) Information about the bidding package: - E-TBMT number; - Name of the bidding package; - Name of the investor; - Bidder selection method; - Type of contract; - Time of bid opening completion; b) Information about the bidders whose Electronic Financial Proposals were opened: - Name of the bidder; - Bid price; - Percentage (%) discount (if any); - Bid price after discount (if any) (the system automatically calculates based on recalculation of contingency costs after discount); - Technical scores of bidders who passed the technical evaluation (if any); - Validity period of Electronic Financial Proposal; - Other related information (if any). c) In case the bidding package is divided into multiple independent parts, the bid price information for each part must be included as per point b of this clause.
24. Evaluation of Electronic Financial Proposal and Bidder Ranking	24.1. The evaluation of Electronic Financial Proposal is carried out in accordance with Section 4, Chapter III and as stipulated in Electronic Bidding Document List. For bid security in centralized procurement, where bidder selection is based on supply capability, the determination of the validity of bid security is done at this stage. 24.2. After the evaluation of Electronic Financial Proposal, the procuring entity prepares a bidder ranking list. Bidder ranking is done according to the provisions of Electronic Bidding Document List. The first-ranked bidder is invited for document verification as stipulated in Section 32 of the Electronic Competitive Dialogue and Negotiated Tendering. If the invited bidder does not meet the Electronic Bidding Document requirements, the next-ranked bidder will be invited for verification. If there are contract negotiations, the verification of documents will be combined with contract negotiations. In cases where only one bidder passes the financial evaluation, bidder ranking is not required. For centralized procurement with bidder selection based on supply capability, the bidder ranking list is arranged from lowest to highest bid prices after discounts (if any), calculated per unit of the items the bidders are bidding for. Bidders invited for document verification will be a combination of the lowest to highest-ranked bidders, ensuring that the total quantity of goods offered by the bidders is not less than the quantity of goods specified in the Electronic Bidding Document. 24.3. In case of inconsistencies between the information declared on the webform and the attached file, the information on the webform will be the basis for review and evaluation; 24.4. The bidder invited for document verification must prepare the documents to verify and prove the information declared in the Electronic Pre-qualification application. For the contents of eligibility, contract non-fulfillment history due to the bidder's fault, tax declaration and tax payment, average annual revenue, net asset value that the system automatically evaluated as "pass" based on the declared information extracted in the Electronic Pre-qualification application, but the expert team reevaluated as "fail," the expert team will change the evaluation result from "pass" to "fail." In such cases, the procuring entity will invite the next-ranked bidder for document verification without re-ranking the bidders. Regarding the information about tax declaration, tax payment, average annual revenue from 2021 onwards, the procuring entity only verifies if the bidder updates the information, and no verification is required if the information is automatically extracted by the system from the National Business Registration System and the Electronic Tax System.
25. Confidentiality	25.1. Information related to the evaluation of the Electronic Pre-qualification application and the contract award proposal must be kept confidential and must not be disclosed to the bidders or any individuals not officially involved in the bidding process until the results are made public. Under no circumstances should information in one bidder's Electronic Pre-qualification application be disclosed to another bidder, except for the information made public in the bid opening minutes. 25.2. Except for clarifications of the Electronic Pre-qualification application (if necessary), document verification, and contract negotiation (if any), the bidder is not allowed to contact the Investor or the Procuring Entity regarding their Electronic Pre-qualification application or any other issues related to the bidding package from the time of bid opening until the bidding results are made public.
26. Clarification of Electronic Pre-qualification application	26.1. After bid opening, the bidder is responsible for clarifying the Electronic Pre-qualification application at the request of the Procuring Entity, including matters related to eligibility, capacity, experience, tax declaration and payment obligations, and specific personnel documents proposed in the bidder’s Electronic Pre-qualification application. For eligibility matters, the clarification must ensure that it does not alter the nature of the bidder participating in the bidding. For matters related to the validity of the Electronic Pre-qualification application (except for eligibility), technical and financial proposals, the clarification must ensure that it does not change the basic content of the submitted Electronic Pre-qualification application, nor change the bid price. 26.2. During the evaluation process, clarification of the Electronic Pre-qualification application between the bidder and the Procuring Entity is carried out directly on the system. 26.3. Clarification of the Electronic Pre-qualification application is only conducted between the Procuring Entity and the bidder whose Electronic Pre-qualification application needs clarification. For clarifications that directly affect the evaluation of eligibility, capacity, experience, and technical and financial requirements, if the bidder fails to clarify by the deadline or provides clarification that does not meet the requirements of the Procuring Entity, the Procuring Entity will evaluate the bidder’s Electronic Pre-qualification application based on the submission before the bid closing time. The Procuring Entity must give the bidder a reasonable time to clarify the Electronic Pre-qualification application. 26.4. The bidder cannot clarify the Electronic Pre-qualification application after the bid closing time. 26.5. In case of inconsistencies in the content of the Electronic Pre-qualification application or unclear information, the Procuring Entity shall request the bidder to clarify in accordance with Section 26.1 of the Electronic Competitive Dialogue and Negotiated Tendering. 26.6. In case of suspicion about the authenticity of the documents provided by the bidder, the Investor or the Procuring Entity is entitled to verify with the organizations or individuals related to the content of the documents. 26.7. In case the Electronic Bidding Document requires commitments, provisional warranty, maintenance, and service agreements, but the Electronic Pre-qualification application does not include these documents, the Procuring Entity shall request the bidder to clarify the Electronic Pre-qualification application and supplement the documents within an appropriate timeframe but not less than 3 working days as a basis for evaluating the Electronic Pre-qualification application.
27. Deviations, Conditions, and Omissions	27.1. “Deviation” refers to differences from the requirements stated in the Electronic Bidding Document; 27.2. “Condition” refers to setting restrictive conditions or expressing incomplete acceptance of the requirements stated in the Electronic Bidding Document; 27.3. “Omission” refers to the bidder’s failure to provide part or all of the information or documents required in the Electronic Bidding Document.
28. Determining the Responsiveness of the Electronic Pre-qualification application	28.1. The Procuring Entity will determine the responsiveness of the Electronic Pre-qualification application based on the content of the Electronic Pre-qualification application in accordance with Section 10 of the Electronic Competitive Dialogue and Negotiated Tendering. 28.2. A basically responsive Electronic Pre-qualification application is one that meets the requirements stated in the Electronic Bidding Document without any material deviations, conditions, or omissions. Material deviations, conditions, or omissions refer to points in the Electronic Pre-qualification application that: a) If accepted, would significantly affect the scope, quality, or performance of the related goods or services; significantly limit or be inconsistent with the rights of the Investor or the obligations of the bidder under the contract, as set forth in the Electronic Bidding Document; b) If corrected, would unfairly affect the competitive position of other bidders with basically responsive Electronic Pre-qualification applications that meet the requirements of the Electronic Bidding Document. 28.3. The Procuring Entity must check the technical aspects of the Electronic Pre-qualification application in accordance with Sections 15 and 16 of the Electronic Competitive Dialogue and Negotiated Tendering to ensure that all the requirements stipulated in the Electronic Bidding Document have been met and that the Electronic Pre-qualification application contains no material deviations, conditions, or omissions. 28.4. If the Electronic Pre-qualification application does not basically meet the requirements stated in the Electronic Bidding Document, that Electronic Pre-qualification application will be disqualified; material deviations, conditions, or omissions in the Electronic Pre-qualification application cannot be modified to make the Electronic Pre-qualification application meet the Electronic Bidding Document requirements.
29. Minor Errors	29.1. Provided that the Electronic Pre-qualification application basically meets the requirements stated in the Electronic Bidding Document, the Procuring Entity and the expert team may accept minor errors that are not material deviations, conditions, or omissions in the Electronic Pre-qualification application. 29.2. Provided that the Electronic Pre-qualification application basically meets the requirements stated in the Electronic Bidding Document, the Procuring Entity and the expert team may request the bidder to provide the necessary information or documents within a reasonable time to correct any minor discrepancies or non-material errors in the Electronic Pre-qualification application related to document requirements. The request for such information and documents must not relate to any elements of the bid price. The bidder's Electronic Pre-qualification application will be disqualified if the bidder fails to meet this request from the Procuring Entity. 29.3. Provided that the Electronic Pre-qualification application basically meets the requirements stated in the Electronic Bidding Document, the Procuring Entity and the expert team may correct minor and quantifiable errors related to the bid price; the bid price will be adjusted to reflect the cost of missing or unmet items. This adjustment is only for the purpose of comparing Electronic Pre-qualification applications.
30. Subcontractors	30.1. A subcontractor is an organization or individual contracted by the bidder to perform related services. 30.2. Subcontractor requirements are stipulated in Electronic Bidding Document List. 30.3. The use of subcontractors does not change the responsibilities of the bidder. The bidder is responsible for the volume, quality, schedule, and other obligations for the portion of work performed by the subcontractor. The capacity and experience of subcontractors will not be considered when evaluating the bidder's Electronic Pre-qualification application. The bidder must meet the capacity and experience criteria itself (without considering the subcontractor's capacity and experience). 30.4. The bidder may contract with subcontractors listed in the Electronic Pre-qualification application or with a subcontractor approved by the investor to participate in providing related services. 30.5. If the bidder commits an act of contract transfer as stipulated in Clause 8, Article 16 of the Law on Bidding, it will be handled in accordance with point b, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP. 30.6. The investor or Procuring Entity shall not approve the use of a subcontractor by the bidder if the subcontractor was involved in providing consulting services for the bidding package awarded to the bidder, including services such as valuation; contract supervision, inspection; preparation and appraisal of Electronic Pre-qualification invitation Documents and Electronic Bidding Document; evaluation of Electronic Pre-qualification application documents and Electronic Pre-qualification application; appraisal of prequalification results, bidder selection results; project management consulting, contract management consulting, and other consulting services related directly to the bidding package.
31. Preferences in Bidder Selection	31.1. Preference Principle: The bidder will be granted a preference if they provide goods where the cost of domestic production accounts for 30% or more. 31.2. For information technology software products, the criteria for domestic software products to be eligible for preference shall follow the regulations of the law on information technology, without requiring the domestic production cost ratio as stipulated in Section 31.3 Electronic Competitive Dialogue and Negotiated Tendering; 31.3. The preference calculation is conducted during the evaluation of the Electronic Pre-qualification application for comparison and ranking of Electronic Pre-qualification applications: Goods are only eligible for preference when the bidder can prove that the cost of domestic production accounts for 30% or more of the total price of the goods. The determination of goods produced in Vietnam can be done using the direct or indirect formulas below: Direct formula: D (%) = G/G x 100% Indirect formula: D (%) = (G - C)/G x 100% Where: G: Domestic production cost G: The bid price of the goods in the bidding document, excluding tax; for manufacturers, G is the ex-works price (EXW) of the goods. C: The value of imported costs, excluding taxes and fees related to imports. D: The percentage of domestic production cost of the goods. D ≥ 30% means the goods are eligible for preference as stipulated in Articles 5, 6, 7, 8, 9, and 10 of Decree No. 24/2024/NĐ-CP. 31.4. The method of calculating preferences is carried out in accordance with Electronic Bidding Document List. 31.5. The bidder must declare information about the type of goods eligible for preference according to Forms 15A, 15B, and 15C in Chapter IV to serve as a basis for considering and evaluating the preference. If the bidder does not declare, their goods are considered ineligible for preference. 31.6. If the goods offered by the bidders are not eligible for preference, the preference evaluation and determination will not be carried out.
32. Document Comparison	32.1. The invited bidder for document comparison must submit a set of documents proving eligibility, capacity, and experience to the Procuring Entity for comparison with the information declared in the Electronic Pre-qualification application, including: a) The original bid guarantee (in the case of a letter of guarantee or insurance certificate in paper form) or cash or certified check as stipulated in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering; b) For bidders who self-update tax data on the system from 2021 onwards (not automatically extracted by the system), documents proving tax declaration and payment for the most recent year consistent with the tax data on the electronic tax system. In cases where the bidder's data is extracted by the system from the electronic tax system, the bidder is not required to present documents for verification; c) For bidders who self-update financial data on the system from 2021 onwards (not automatically extracted by the system), documents proving the financial status as per Form 08 Chapter IV consistent with the financial data on the electronic tax system. In cases where the bidder's data is extracted by the system from the electronic tax system, the bidder is not required to present documents for verification; d) Documents proving similar contracts declared and attached in the Electronic Pre-qualification application (contracts, acceptance minutes, liquidation, invoice information as per legal requirements…); documents proving production capacity (for bidders who are manufacturers); đ) Documents proving the ability to mobilize personnel, diplomas, certificates of personnel declared in the Electronic Pre-qualification application; e) Other documents (if any). 32.2. Bidders with compliant documents will proceed to contract negotiation (if any) and award consideration. If tax data or revenue self-updated by the bidder from 2021 onwards does not match the data on the electronic tax system, resulting in the distortion of the bidding outcome, the bidder will be disqualified and deemed to have engaged in fraudulent activity as stipulated in point b, Section 4.4 Electronic Competitive Dialogue and Negotiated Tendering. 32.3. In cases where contract negotiation is applicable under Section 33 Electronic Competitive Dialogue and Negotiated Tendering, the document comparison will take place during the contract negotiation. If the invited bidder for document comparison does not meet the requirements of the Electronic Bidding Document, the next-ranked bidder will be invited for document comparison.
33. Contract Negotiation	33.1. Contract negotiation is conducted in accordance with Electronic Bidding Document List; 33.2. Contract negotiation must be based on the following: a) The Electronic Pre-qualification application evaluation report; b) The Electronic Pre-qualification application and any clarifying documents (if any) from the bidder; c) The Electronic Bidding Document including the general and specific conditions of the contract and any clarifying or amendment documents related to the Electronic Bidding Document (if any). 33.3 Principles of contract negotiation: a) No negotiation for contents that the bidder offered as per the requirements of the Electronic Bidding Document. b) Unit prices determined during the financial evaluation stage cannot be changed. 33.4. Contents of contract negotiation: a) Items that are not detailed, unclear, or inconsistent between the Electronic Bidding Document and the Electronic Pre-qualification application or between different parts of the Electronic Pre-qualification application, which could lead to disputes or affect the responsibilities of the parties during contract execution; b) Proposals for changes or alternative technical solutions from the bidder if allowed in the Electronic Bidding Document as per Section 12.1 Electronic Competitive Dialogue and Negotiated Tendering; c) Negotiation on key personnel: During the negotiation process, the bidder cannot change key personnel (personnel proposed in the Electronic Pre-qualification application or those already replaced once according to Clause 2, Article 27 of Decree No. 24/2024/NĐ-CP), unless the evaluation period extends beyond the expected timeline or due to force majeure, in which the key personnel proposed cannot participate in the contract execution. In this case, the bidder may replace personnel but must ensure that the replacement personnel have equivalent or higher qualifications, experience, and capacity compared to the proposed personnel, and the bid price cannot be changed.; d) Negotiation on issues arising during the bidder selection process (if any) to finalize the detailed contents of the package; đ) Negotiation on minor errors as stipulated in Section 29 Electronic Competitive Dialogue and Negotiated Tendering; e) In cases where Section 13.5 Electronic Bidding Document List requires the bidder to quote according to Form 12.2 (12.2A, 12.2B, or 12.2C) Chapter IV, the negotiation must clarify the taxes the bidder must pay as per tax law, including: import-related taxes, fees, special consumption tax (if any), VAT, and other tax-related matters. The tax rate and amount the bidder must pay must be clearly stated in the contract. đ) Negotiation on other necessary contents. 33.5. During the contract negotiation, the parties will finalize the draft contract documents, the specific conditions of the contract (Specific Terms and Conditions of the Contract), and appendices including detailed lists of scope, pricing tables, and supply schedules. 33.6. If contract negotiation is unsuccessful, the Procuring Entity will report to the Investor for consideration and decision to invite the next-ranked bidder for negotiation. If negotiations with the next-ranked bidders are unsuccessful, the Procuring Entity will report to the Investor for consideration and decision to cancel the bidding as stipulated in point a, Section 35.1 Electronic Competitive Dialogue and Negotiated Tendering. 33.7. If due to objective reasons or force majeure, the bidder is unable to negotiate the contract directly with the Procuring Entity, the Procuring Entity may consider conducting the negotiation online.
34. Conditions for Bid Approval	A bidder will be considered and proposed for approval when the following conditions are met: 34.1. A valid Electronic Pre-qualification application as per Section 1 Chapter III; 34.2. Sufficient capacity and experience as per Section 2 Chapter III; 34.3. A technical proposal that meets the requirements as per Section 3 Chapter III; 34.4. Meets the conditions stipulated in Electronic Bidding Document List; 34.5. The proposed bid price (including taxes, fees, charges (if any)) does not exceed the approved package price. In cases where the package estimate is lower or higher than the approved package price, the estimate will replace the package price as the basis for bid approval.
35. Bid Cancellation	35.1. The cases for bid cancellation include: a) All Electronic Pre-qualification application fail to meet the requirements of Electronic Bidding Document; b) Changes in objectives, investment scope in the approved investment decision that alter the workload, evaluation criteria stated in Electronic Bidding Document; c) Electronic Bidding Document does not comply with the provisions of the Law on Bidding and other relevant legal regulations, resulting in the selected bidder being unable to fulfill the package requirements; d) The winning bidder engages in prohibited conduct as stipulated in Article 16 of the Law on Bidding; đ) Other entities or individuals, apart from the winning bidder, engage in prohibited conduct as stipulated in Article 16 of the Law on Bidding, leading to a distorted bidding result. 35.2. Organizations or individuals that violate the law on bidding, leading to bid cancellation as stipulated in points c, d, and đ of Section 35.1 Electronic Competitive Dialogue and Negotiated Tendering, must compensate related parties and will be dealt with according to the law. 35.3. In the case of bid cancellation as per this Section, within 05 working days, the Investor and the Procuring Entity must return or release the bid security for the bidder who submitted the original bid security, except in cases where the bidder violates the provisions at points d and đ of Section 35.1 Electronic Competitive Dialogue and Negotiated Tendering.
36. Announcement of Bid Results	36.1. The Investor shall publish the bid result announcement on the System along with the Electronic Pre-qualification application evaluation report within 05 working days from the date of approval of the bid result. The bid result announcement includes the following: a) Information about the bidding package: - E-TBMT number; - Name of the bidding package; - The approved package price or estimate (if any); - Name of the Investor; - Procurement method; - Contract type; - Package implementation time; b) Information about the winning bidder: - Tax code; - Bidder's name; - Bid price; - Bid price after discount (if any); - Technical score (if any); - Evaluation price (if any); - Winning bid price; - Package implementation time; - Contract implementation time. c) For each type of goods or equipment in the package, the Investor must publish the following information: - Name of the goods; - Capacity; - Features, technical specifications; signs, models, brands; - Origin; - Winning bid unit price. d) List of unsuccessful bidders and a summary of the reasons for not being selected for each bidder. 36.2. In case there is a request to explain the specific reasons why a bidder was not selected, the bidder submits a request on the System or directly meets the Investor. The Investor is responsible for responding to the bidder’s request within 02 working days from the date of receiving the bidder's request. 36.3. In the event of bid cancellation under point a Section 35.1 Electronic Competitive Dialogue and Negotiated Tendering, the reason for the cancellation must be clearly stated in the bid result announcement and on the System.
37. Changes in the Quantity of Goods and Services	37.1. At the time of contract award, the Investor has the right to increase or decrease the quantity of goods and services stated in Chapter IV, provided that such changes do not exceed the percentage stipulated in Electronic Bidding Document List and that there are no changes to unit prices or other terms and conditions of the Electronic Pre-qualification application and Electronic Bidding Document. The increase or decrease in quantity shall not exceed 10%. 37.2. Option to Purchase Additional Goods: Before the contract expires, the Investor and the bidder may agree to purchase additional quantities of goods and services beyond what is stated in Chapter IV, provided that such an increase does not exceed the percentage stipulated in Electronic Bidding Document List and complies with Clause 8 Article 39 of the Law on Bidding. The additional work must be similar to the work specified in the signed contract and already have an established unit price. The additional quantity of goods and services shall not be used to evaluate the bidder’s capacity and experience. In the case of a consortium, the allocation of responsibilities for the additional work shall follow the original work division in the contract unless otherwise agreed by the parties.
38. Notification of Electronic Pre-qualification application Acceptance and Contract Award	After the Investor publishes the announcement of the bidding result, the Procuring Entity shall send the notification of Electronic Pre-qualification application acceptance and contract award through the System, including the requirements for contract performance security, the time for finalizing and signing the contract in accordance with Form No. 17 Part 4 to the winning bidder. The notification of Electronic Pre-qualification application acceptance and contract award is part of the contract documentation. If the winning bidder does not complete, sign the contract, or fails to provide the contract performance security within the timeframe specified in the notification of Electronic Pre-qualification application acceptance and contract award, the bidder will be disqualified and will not be refunded the bid security as stipulated in point b Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering. The timeframe mentioned in the notification of Electronic Pre-qualification application acceptance and contract award is calculated from the day the Procuring Entity sends the notification to the winning bidder via the System.
39. Conditions for Contract Signing	39.1. At the time of contract signing, the selected bidder’s Electronic Pre-qualification application must still be valid. 39.2. At the time of contract signing, the selected bidder must ensure compliance with the technical and financial capacity requirements to execute the package in accordance with the Electronic Bidding Document. If it is found that the bidder no longer meets the basic technical and financial capacity requirements as stipulated in the Electronic Bidding Document, the Investor will refuse to sign the contract with the bidder. The Investor will cancel the decision to approve the bidding result, the notification of Electronic Pre-qualification application acceptance, and the previous contract award, and invite the next-ranked bidder for document comparison and contract negotiation (if applicable). 39.3. The Investor must ensure conditions regarding advance capital, payment capital, and other necessary conditions to implement the package on schedule.
40. Contract Performance Security	40.1. Before signing the contract or before the contract takes effect, the winning bidder must provide contract performance security as stipulated in Section 5 E-ĐKC Chapter VI. If a performance guarantee letter is used, it must follow the template in Part 4 or another template approved by the Investor. 40.2. The bidder will not be refunded the contract performance security in the following cases: a) Refusal to perform the contract when the contract takes effect; b) Breach of contract terms; c) Delayed performance of the contract due to the bidder’s fault but refusal to extend the validity of the contract performance security.
41. Addressing Complaints in Bidding	41.1. If a bidder, agency, or organization believes that its legal rights and interests are affected, they may file a complaint to the competent authority or the Investor to review issues during the bidder selection process or the bidding result, in accordance with Articles 89, 90, and 91 of the Law on Bidding. 41.2. If filing a complaint with the Investor, the bidder, agency, or organization submits the complaint directly via the System. If filing a complaint with the Competent Authority, the bidder submits the complaint to the address specified in Electronic Bidding Document List.
42. Monitoring the Bidder Selection Process	If the bidder detects any behavior or content that violates the provisions of the Law on Bidding, the bidder must notify the organization or individual responsible for monitoring in accordance with Electronic Bidding Document List.

Chapter II. BIDDING DATA TABLE

E-BDDT 1.1	Name of Investor: ___ [Automatically extracted by the system].
E-BDDT 1.2	Package name: ___ [Automatically extracted by the system]. Project/Procurement estimate name: ___ [Automatically extracted by the system]. Quantity, part number of package: According to section E-BDDT 18.2 of this Chapter.
E-BDDT 3	Funding source: ___ [According to E-TBMT].
E-BDDT 5.1 (c)	Ensuring competition in bidding as follows: - Bidders do not hold more than 30% shares or contributed capital with ___ [fully state the name and address of the Investor, Bidder], except in the following cases: (i) The bidder is a member company, subsidiary of a state-owned group, corporation with major business areas relevant to the nature of the bidding package of that group, corporation. (ii) The bidder is a parent company, subsidiary, member company in an economic group, state-owned corporation where the products and services of the package belong to the main business sector of the economic group or corporation and the package belongs to the subsidiary or member company. - Bidders do not hold shares or contributed capital with consulting contractors; and do not jointly hold more than 20% shares or contributed capital of an organization or individual with each side, specifically as follows: + Consultant for design development:___[fully state the name and address of the consulting unit (if any)]; + Consultant for valuation:___[fully state the name and address of the consulting unit (if any)]; + Consultant for contract supervision and inspection:___[fully state the name and address of the consulting unit (if any)]; + Consultant for developing Electronic Bidding Document:___[fully state the name and address of the consulting unit (if any)]; + Consultant for appraisal of Electronic Bidding Document:___[fully state the name and address of the consulting unit (if any)]; + Consultant for evaluation of Electronic Pre-qualification application:___[fully state the name and address of the consulting unit (if any)]; + Consultant for appraisal of contractor selection results:___[fully state the name and address of the consulting unit (if any)]; + Project management, contract management, and other consulting services where these consulting services have work directly related to the package:___[fully state the name and address of the consulting unit (if any)]; Bidders do not belong to the same organization or agency directly managing the consulting contractors (listed above)[5]. - Bidders do not belong to the same organization or agency directly managing the Investor, the inviting party, except in cases where the bidder is a public administrative unit under a state management agency with assigned functions and duties appropriate to the nature of the bidding package of that state management agency. - Public administrative units and enterprises with the same managing agency do not need to meet legal and financial independence requirements between the bidder and the investor or inviting party when participating in each other's packages. The shareholding ratio between the parties is determined at the closing time and according to the ratio stated in the business registration certificate, establishment decision, and other equivalent documents. In cases where bidders participate as a joint venture or consulting contractors are selected as a joint venture, the capital ownership ratio of other organizations or individuals in the joint venture is determined by the following formula: Capital ownership ratio =i=1nX_i x Y_i Where: X_i: Capital ownership ratio of other organizations or individuals in the i-th member of the joint venture; Y_i: Percentage (%) of the work volume of the i-th member of the joint venture in the joint venture agreement; n: Number of members participating in the joint venture
Electronic Competitive Dialogue and Negotiated Tendering 5.4	[Based on the contractor selection plan or the decision of the authorized person, the investor records “Applicable” or “Not Applicable”. In case of applicability, the contractor must provide documents to prove the procurement of goods from a contractor with 50% or more employees being people with disabilities, war veterans, ethnic minorities who have employment contracts with a duration of 03 months or more, and the contract remains valid at the time of bid submission to be eligible to participate in the bidding.
Electronic Competitive Dialogue and Negotiated Tendering 7.5	Pre-bid conference: _____ [Record “Yes” or “No”. In case of "Yes", specify the time, location of the pre-bid conference, and the contact number of the person responsible for organizing the pre-bid conference]
Electronic Competitive Dialogue and Negotiated Tendering 8	Electronic Pre-qualification application submission fee:____ System automatically extracts according to the current regulations.
Electronic Competitive Dialogue and Negotiated Tendering 10.3	The contractor must submit the following documents along with the Electronic Pre-qualification application:__[specify the names of other necessary documents that the contractor needs to submit with the Electronic Pre-qualification application according to the requirements based on the scale and nature of the package and without restricting the contractor's participation. If not required, clearly state “not required”].
Electronic Competitive Dialogue and Negotiated Tendering 12.1	The contractor____ [specify “is allowed” or “is not allowed”] to submit alternative technical proposals.. [If only allowed to propose alternative technical solutions for specific portions of the package, clearly specify which portions the contractor is permitted to submit alternative technical solutions for]
Electronic Competitive Dialogue and Negotiated Tendering 13.5	Pricing: ___ (Employer to specify one of the two following methods: - As per Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV - As per Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV)
Electronic Competitive Dialogue and Negotiated Tendering 15.8	Expected lifetime of the goods (for material and spare parts requirements):___ [specify the expected lifetime of the goods in the initial phase].
Electronic Competitive Dialogue and Negotiated Tendering 16.2	Document requirements to prove the contractor's capability to execute the contract: ___ [Employer to specify “Not required for sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents” or “Required for sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents” based on the nature of the goods as follows: For standard, market-available, standardized goods with warranties as per manufacturer regulations, the contractor is not required to submit sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents. For unique, complex goods requiring the manufacturer or supplier's confirmation to ensure feasibility in supplying goods if the contractor wins the bid, and linking to the manufacturer's responsibility for after-sales services like installation, maintenance, training, and related services, the Electronic Bidding Document may require the participating contractor to provide sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents. If there is a requirement for permits or sales authorizations from manufacturers, distributors or partnership certificates or equivalent documents, Employer to specify the following: “In case the contractor does not manufacture or produce the goods offered in their Electronic Pre-qualification application, the contractor must submit sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents to demonstrate that the contractor is duly authorized by the manufacturer or distributor to supply these goods in Vietnam. The contractor may attach or not attach this document in the Electronic Pre-qualification application, even if the Electronic Bidding Document requires the contractor to have this document. The contractor's failure to attach the above document is not grounds for disqualification. The contractor will continue to be considered, evaluated, and approved to win the bid. In case the contractor wins the bid, the contractor must present the above document before signing the contract and is responsible for the accuracy of the documents and information they provide. If the contractor fails to present the sales permits, sales authorizations from manufacturers or distributors, partnership certificates, technical support or warranty commitments from manufacturers or distributors, or other equivalent documents to sign the contract, the next-ranked contractor will be invited for document verification and contract negotiation (if applicable).”].
Electronic Competitive Dialogue and Negotiated Tendering 17.1	The validity period of the Electronic Pre-qualification application is: ≥ ____ days [extracted from E-TBMT], from the date of bid closing.
Electronic Competitive Dialogue and Negotiated Tendering 18.2	Bid security details: - Bid security value: [Extracted from E-TBMT]. - Bid security percentage in case of centralized procurement packages based on supply capability: _____[Extracted from E-TBMT following the principle of minimum bid security value that the contractor must comply with, equal to % of the reduced bid price (if applicable)]. For contractors listed under Clause 1, Article 18 of Decree No. 24/2024/NĐ-CP and published on the National Bidding Network System, bid security measures must be taken with a value three times the required value above, effective for two years from the last occurrence of these acts. In case of a joint venture, members committing acts specified in Clause 1, Article 18 of Decree No. 24/2024/NĐ-CP must take bid security measures with a value three times the corresponding bid security value based on the share of work undertaken by that member within the joint venture for two years from the last occurrence of these acts. - Bid security validity period: [Extracted from E-TBMT] (If the package is divided into multiple parts, the bid security value for each part must be clearly stated).
Electronic Competitive Dialogue and Negotiated Tendering 18.4	Bid security refund or release period for unsuccessful contractors: _____ days, from the date the bid selection result is approved [specify the exact number of days but not exceeding 14 days from the date the bid selection result is approved].
Electronic Competitive Dialogue and Negotiated Tendering 22.1	Electronic Pre-qualification application evaluation method: - Capacity and experience evaluation: Pass/Fail. - Technical evaluation:____ [Based on the scale and nature of the package, apply either the “Pass/Fail” method or the “Scoring” method]. - Financial evaluation____ [Based on the scale and nature of the package, apply the lowest price method, the evaluated price method, or the combined technical and price method suitable to the evaluation standards specified in Chapter III].For centralized procurement applying contractor selection based on supply capability, the system extracts: the lowest price method.
Electronic Competitive Dialogue and Negotiated Tendering 24.1	Implementation method: ___ [The system automatically displays as follows: - If "According to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV" is selected in Section 13.5 Electronic Bidding Document List, it displays: "The comparison and ranking of Electronic Pre-qualification application is determined based on the bid price, including all taxes, fees, and charges (if any)." - If "According to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV" is selected in Section 13.5 Electronic Bidding Document List , it displays: "The comparison and ranking of Electronic Pre-qualification application is determined based on the bid price, excluding taxes, fees, charges related to importation, special consumption tax (if any), and VAT"].
Electronic Competitive Dialogue and Negotiated Tendering 24.2	Contractor ranking: [The system extracts when the evaluation method is selected in Section 22.1 Electronic Bidding Document List as follows: - Select the lowest price method to extract: ___ + If "According to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV" is selected in Section 13.5 Electronic Bidding Document List, it displays “the contractor with the lowest bid price after subtracting the discount value (if any), adding the preferential value (if any), ranked first"”; + If "According to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV" is selected in Section 13.5 Electronic Bidding Document List , it displays "the contractor with the bid price excluding taxes, fees, charges related to importation, special consumption tax (if any), VAT, after subtracting the discount value (if any), adding the preferential value (if any), ranked first"; - Select the evaluated price method to extract: “the contractor with the lowest evaluated price is ranked first”. - Select the combined technical and price method to extract: “the contractor with the highest combined score is ranked first”].
Electronic Competitive Dialogue and Negotiated Tendering 30.2	Maximum value for subcontractors: ____ of the contractor's bid price [If there are related service requirements specified in Form No. 01D Chapter IV, the Employer may allow the contractor to use subcontractors. Declaration of subcontractor usage shall be made according to Form No. 09A Chapter IV. Depending on the scale and nature of the package, the Employer specifies the percentage].
Electronic Competitive Dialogue and Negotiated Tendering 31.4	Preference calculation: __ a) Preference for goods originating in Vietnam with a domestic production cost ratio of less than 50% and no goods with a domestic production cost ratio of 50% or more is determined as follows: - Select the lowest price method to extract: “Goods not subject to preference must be added a sum of 7.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking”; - Select the evaluated price method to extract: “Goods not subject to preference must be added a sum of 7.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking”; - Select the combined technical and price method to extract: “Goods subject to preference are awarded preference points added to the combined score according to the following formula: Preference points = 7.5% x (preference goods price/bid price after error correction, deviation adjustment, and discount deduction (if any)) x combined score Where: Preference goods price is the bid price after error correction, deviation adjustment, and discount deduction (if any) of goods subject to preference”. For cases where the contractor offers goods originating from Vietnam with a domestic production cost ratio of less than 50% but the production facility has at least 50% of its workforce being disabled, wounded soldiers, or ethnic minorities with labor contracts for at least 3 months duration during the contract performance period and the contract is still valid at the time of bid closing, the preference coefficient is 10% instead of 7.5%. b) Preference for goods originating from Vietnam with a domestic production cost ratio of 50% or more is determined as follows: [- Select the lowest price method to extract: “Goods not subject to preference must be added a sum of 10% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of less than 50% must be added a sum of 2.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking; goods originating from Vietnam with a domestic production cost ratio of less than 50% but the production facility has at least 50% of its workforce being disabled, wounded soldiers, or ethnic minorities with labor contracts for at least 3 months duration during the contract performance period and the contract is still valid at the time of bid closing, will not need to add money to the contractor's bid price for comparison and ranking”; - Select the evaluated price method to extract: “Goods not subject to preference must be added a sum of 10% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of less than 50% must be added a sum of 2.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking; goods originating from Vietnam with a domestic production cost ratio of less than 50% but the production facility has at least 50% of its workforce being disabled, wounded soldiers, or ethnic minorities with labor contracts for at least 3 months duration during the contract performance period and the contract is still valid at the time of bid closing, will not need to add money to the evaluated price of the contractor for comparison and ranking”; - Select the combined technical and price method to extract: “Goods subject to preference with a domestic production cost ratio of 50% or more are awarded preference points added to the combined score according to the following formula: Preference points = 10% x (preference goods price/bid price after error correction, deviation adjustment, and discount deduction (if any)) x combined score Where: Preference goods price is the bid price after error correction, deviation adjustment, and discount deduction (if any) of goods with a domestic production cost ratio of 50% or more. In the case of goods subject to preference with a domestic production cost ratio of less than 50%, apply the formula stipulated at point c, clause 1, Article 5 of Decree No. 24/2024/NĐ-CP; goods originating from Vietnam with a domestic production cost ratio of less than 50% but the production facility has at least 50% of its workforce being disabled, wounded soldiers, or ethnic minorities with labor contracts for at least 3 months duration during the contract performance period and the contract is still valid at the time of bid closing, the preference coefficient is 10%; For cases where the contractor offers goods originating from Vietnam with a domestic production cost ratio of 50% or more but the production facility has at least 50% of its workforce being disabled, wounded soldiers, or ethnic minorities with labor contracts for at least 3 months duration during the contract performance period and the contract is still valid at the time of bid closing, the preference coefficient is 12% instead of 10%. c) Innovative products originating from Vietnam are awarded preference as follows: [- Select the lowest price method to extract: “Goods not subject to preference must be added a sum of 15% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of less than 50% must be added a sum of 7.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of 50% or more must be added a sum of 5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the bid price after error correction, deviation adjustment, and discount deduction (if any) of the contractor for comparison and ranking”; - Select the evaluated price method to extract: “Goods not subject to preference must be added a sum of 15% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of less than 50% must be added a sum of 7.5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking; goods subject to preference with a domestic production cost ratio of 50% or more must be added a sum of 5% of the bid price after error correction, deviation adjustment, and discount deduction (if any) of that good to the evaluated price of the contractor for comparison and ranking”; - Select the combined technical and price method to extract: “Innovative products originating from Vietnam are awarded preference points added to the combined score according to the following formula: Incentive Points = 15% x (incentive goods price/bid price after error correction, adjustment for discrepancies, excluding discount value (if any)) x aggregate score Where: Incentive goods price is the bid price after error correction, adjustment for discrepancies, excluding discount value (if any) of goods that are innovative products of Vietnamese origin”] For goods that are not innovative products of Vietnamese origin, in the case where the bidder offers goods of Vietnamese origin with a domestic production cost rate of less than 50%, the 15% coefficient is replaced with 7.5% in the incentive calculation; for goods of Vietnamese origin with a domestic production cost rate of 50% or more, the 15% coefficient is replaced with 10% in the incentive calculation. d) Innovative products are eligible for incentives as stipulated in point c of this clause if one of the following conditions is met: - The product is listed in the high-tech categories prioritized for investment and development or the high-tech products encouraged for development as per the Prime Minister’s decision; - Products formed from scientific and technological achievements of scientific and technological enterprises as per the law on scientific and technological enterprises; - Products created based on patents, integrated circuit layout designs, plant varieties of the bidder, protected within a period not exceeding 05 years from the date of issuance, or software programs of the bidder within a period not exceeding 05 years from the date of copyright registration certificate issuance; - Semiconductor chips; - Products awarded the Ho Chi Minh Prize or State Prize for Science and Technology as per the law on science and technology awards; - New products formed from research and development results at one of the facilities of the National Innovation Center; - New products formed from scientific research and technological development results as per the law on technology transfer. Innovative products as stipulated in this clause are eligible for incentives within a period of 06 years from the first production and meeting market-entry requirements.
Electronic Competitive Dialogue and Negotiated Tendering 34.4	[The system extracts when selecting the evaluation method at Section 22.1 Electronic Bidding Document List as follows: - Select the lowest price method, the system extracts: “the bidder with the lowest bid price after deducting the discount value (if any)”; - Select the evaluated price method, the system extracts: “the bidder with the lowest evaluated price”; - Select the combined technical and price method, the system extracts: “the bidder with the highest aggregate score”]. For the package divided into several parts (lots), the evaluation of the E-Bidding Document and contract awarding will be based on ensuring that: the proposed contract price of the entire package does not exceed the approved package price without comparing with the estimated cost of each part. For centralized procurement applying bidder selection based on supply capability, [the system extracts as follows: “bidders with bid prices after deducting the discount value (if any) calculated per unit of the item the bidder bids for in ascending order until the total quantity of goods offered by successful bidders equals the quantity of goods stated in the E-Bidding Documents”.]
Electronic Competitive Dialogue and Negotiated Tendering 37.1	Maximum increase in volume ratio is: ___ [enter percentage but not exceeding 10%]; Maximum decrease in volume ratio is: ___ [enter percentage but not exceeding 10%].
Electronic Competitive Dialogue and Negotiated Tendering 37.2	- Additional purchase option: _____ [enter "applicable" or "not applicable" according to the approved contractor selection plan. If "applicable" then clearly specify the percentage of volume, quantity of additional purchase but not exceeding 30% of the volume of corresponding goods, services in Chapter IV and in accordance with the contractor selection plan]; - Maximum additional purchase ratio is:___[enter percentage].
Electronic Competitive Dialogue and Negotiated Tendering 41.2	- Authorized person:_________ [enter full name of the authorized person] + Address:_________ [enter full address, phone number, fax number of the authorized person]; + E-mail:__________ [enter email of the authorized person to receive complaints from the contractor]. - Standing unit assisting the Chairman of the Advisory Council for Complaint Resolution: + Address:_________ [enter full name, address, phone number, fax number of the standing unit assisting the Chairman of the Advisory Council for Complaint Resolution]; + E-mail:__________ [enter email of the standing unit assisting the Chairman of the Advisory Council for Complaint Resolution to receive complaints from the contractor].
Electronic Competitive Dialogue and Negotiated Tendering 42	Address of the organization or individual performing the supervisory task:____[enter full name, address, phone number, fax number of the organization or individual assigned by the authorized person to perform the supervision of contractor selection for the package/project (if any)].

Chapter III. E-Bid Evaluation Criteria

Section 1. Evaluation of E-Bid Validity
A contractor's E-Bid is deemed valid when it fully meets the following conditions:
1. The bid security must not violate any of the provisions specified in Section 18.3 Electronic Competitive Dialogue and Negotiated Tendering. The letter of guarantee must be signed and stamped (if applicable) by a legal representative of a domestic credit institution, a foreign bank branch established under Vietnamese law, or a non-life insurance company, in accordance with the requirements of Electronic Bidding Document (for electronic bid securities, a digital signature is required). The letter of guarantee or insurance certificate must not be issued before the Investor releases the Electronic Bidding Document; and must not include any unfavorable conditions for the Investor or the Procuring Entity. If there are discrepancies between the bid security information declared by the contractor on the System and the information in the scanned file of the attached guarantee letter, the information in the scanned file shall be used for evaluation. For joint ventures, all members must use the same form of bid security: either electronic or paper.
For packages with a bid security value of less than VND 20 million, the contractor must commit in the bid form as stipulated in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering.
In case of centralized procurement applying contractor selection based on supply capacity, this criterion is evaluated in the step of evaluating Electronic Financial Proposal.
2. In the case of a joint venture, the joint venture agreement must specify the specific tasks and estimated corresponding values to be performed by each member as per Form 03 Chapter IV. The division of tasks in the joint venture must be based on the items listed in the bid price table as per Form 12.1 (12.1A, 12.1B, or 12.1C) or Form 12.2 (12.2A, 12.2B, or 12.2C), Form 13 (13A or 13B) Chapter IV, or based on the production stages listed in the bid price table; tasks not listed in these items or stages should not be divided.
3. The contractor must ensure compliance with the regulations in Section 5 Electronic Competitive Dialogue and Negotiated Tendering[6].
4. Within 03 years before the bid closing date, the contractor must not have any personnel (under labor contract with the contractor at the time of the violation) convicted by a court of committing violations related to bidding regulations that cause serious consequences as per criminal law, aimed at ensuring the contractor's bid win.
Contractors with valid Electronic Technical Proposal will be considered and evaluated in the next step.
Section 2. Evaluation Standards for Capacity and Experience
2.1. Standards for Capacity and Experience Evaluation
The evaluation criteria for capacity and experience shall follow the regulations in Table 01 (for contractors who are not manufacturers of the goods under the package) or Table 02 (for contractors who are manufacturers of the goods under the package) and shall be digitized into a webform on the System. The criteria shall be set as pass or fail, with a minimum requirement defined for each capacity and experience aspect of the contractor, including experience in implementing similar contracts; production capacity; financial capacity, including net asset value, revenue, tax declaration and payment obligations, and other necessary indicators to evaluate the financial capacity of the contractor; technical infrastructure, and the qualifications of personnel performing related services (if required);
Specific requirements for each standard specified in this section shall depend on the requirements of each specific package. A contractor is considered qualified in terms of capacity and experience if it passes all the requirements specified in Table 01 (for contractors who are not manufacturers of the goods under the package) or Table 02 (for contractors who are manufacturers of the goods under the package). The capacity and experience of subcontractors will not be considered in evaluating the contractor's E-Bid. The contractor must meet the capacity and experience criteria on its own.
No requirement shall be made for the contractor to have implemented one or more contracts in a specific region, or to have experience providing goods or services in a specific region as a criterion for eliminating contractors..
In cases where the currency specified in similar contracts or payment confirmations from the Investor for completed goods supply contracts or tax declaration forms or other related documents proving the contractor's capacity and experience is not in VND, the contractor must convert it to VND when preparing the E-Bid for evaluation purposes. The conversion rate shall apply based on the ___ [determine the basis of the conversion rate, usually applying the selling rate of a commercial bank operating in Vietnam] at the date of signing the similar contract.
If a parent company (e.g., Corporation) mobilizes its subsidiaries or member companies to perform a portion of the work under the package, the contractor must specifically declare the work allocated to the subsidiaries or member companies as per Form 09B Chapter IV. The evaluation of experience in implementing similar contracts shall be based on the value and volume of work undertaken by the parent company, subsidiaries, and member companies in the package.

Table 01 (Webform on the System)

TABLE OF EVALUATION CRITERIA FOR CAPACITY AND EXPERIENCE
(For contractors who are not manufacturers⁽¹⁾ of the goods under the package)

Capacity and Experience Criteria			Compliance Requirements			Required Documents to Submit
No.	Description	Requirements	Independent Contractor	Joint Venture Contractor
No.	Description	Requirements	Independent Contractor	Total of Joint Venture Members	Each Joint Venture Member
1	History of Non-Completion Due to Contractor's Fault	From January 01, _____⁽²⁾ to the bid closing date, the contractor must not have any contracts for the supply of goods, EPC, EP, PC, or turnkey projects that were not completed due to the contractor's fault⁽³⁾.	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 07

2	Compliance with Tax Declaration and Payment Obligations	The contractor must have fulfilled the tax declaration and payment obligations⁽⁴⁾ for the most recent fiscal year as of the bid closing date.	Must meet this requirement	Not applicable	Must meet this requirement	Bid Commitment
3	Financial Capability
3.1	Financial Performance⁽⁵⁾	The net asset value of the contractor in the most recent fiscal year relative to the bidding closure must be positive. (Net asset value = Total assets - Total liabilities)	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 08
3.2	Average Annual Revenue (excluding VAT)	The average annual revenue (excluding VAT) of the contractor for the ___ ⁽⁶⁾ most recent fiscal years from the bid closing date must be at least ____⁽⁷⁾ VND. For centralized procurement packages, selecting contractors based on supply capacity, the revenue is determined corresponding to the bid price using coefficient “k”____.	Must meet this requirement	Must meet this requirement	Not applicable	Form No. 08

4	Experience in Executing Similar Goods Supply Contracts	The contractor has completed at least one similar contract as the main contractor (independently or as a joint venture member) or as a subcontractor⁽⁸⁾ within the period from January 1, ____⁽⁹⁾ to the bid closing date. In which the similar contract is defined as: - Of similar nature: ___⁽¹⁰⁾; - Of minimum scale (value): ___ VND ⁽¹¹⁾.	Must meet this requirement	Must meet this requirement	Must meet the requirement (equivalent to the portion of the work undertaken)	Form No. 05A
5	Capability for Warranty, Maintenance, Repair, and Provision of Spare Parts or Other After-Sales Services⁽¹²⁾	The contractor must demonstrate the capability to perform warranty, maintenance, repair, provision of spare parts, or provision of after-sales services in one of the following ways: - The contractor commits to having the capacity to independently perform the warranty, maintenance, repair, provision of spare parts, or provision of after-sales services as required by the Electronic Bidding Document. - The contractor signs a framework agreement with an entity capable of performing warranty, maintenance, repair, provision of spare parts, or provision of after-sales services as required by the Electronic Bidding Document.	Must meet this requirement	Must meet this requirement	Not applicable	Commitment or Framework Agreement

Notes:
(1) A manufacturer is defined as an enterprise/production facility that produces or participates in the production process of goods, or a subsidiary/parent company responsible for distributing or consuming products manufactured by another subsidiary/parent company within the Corporation/General Company.
(2) Specify the required period, usually from 3 to 5 years before the bid closing date. For example: from January 1, 2019 to the bid closing date.
(3) A supply contract, EPC, EP, PC, turnkey not completed due to contractor’s fault includes:
- A supply contract, EPC, EP, PC, turnkey concluded by the Investor as incomplete and not disputed by the contractor;
- A supply contract, EPC, EP, PC, turnkey concluded by the Investor as incomplete, not accepted by the contractor but confirmed by arbitration or a court decision unfavorable to the contractor.
Incomplete contracts do not include contracts where the Investor's decision was overturned through the dispute resolution mechanism. The determination of incomplete contracts must be based on all information about disputes or litigation resolved in accordance with the dispute resolution mechanism of the respective contract, and when the contractor has exhausted all appeal opportunities. Contracts delayed due to the contractor's fault but completed are not considered incomplete contracts.
For joint venture contractors where only one or some members violate and are barred from bidding activities under Clause 1, Article 125 of Decree No. 24/2024/ND-CP, the remaining members are not considered at fault for incomplete contracts due to contractor error. In cases where one or some members violate the contract, lose the capacity to continue the contract, seriously affecting the schedule, quality, or efficiency of the package, only the offending members are considered at fault for incomplete contracts, and the remaining members are not.
(4) The contractor must provide documents proving that it has fulfilled its obligation to declare and pay corporate income tax (personal income tax for contractors as sole proprietors) for the most recent fiscal year from the bid closing date (in cases where the System has not updated information on tax obligations) for verification when invited for document verification. Tax obligations include paying taxes at rates corresponding to the tax rate, taxable income, and revenue reported by the contractor on the electronic tax system (the amount of tax paid corresponds to the amount of tax payable); in cases where tax deferral, exemption, or reduction is allowed according to state policy, it must be applied accordingly. If the System does not automatically extract information on the contractor's tax obligations, the contractor must submit the following documents:
- Tax return (or payment notice from the tax authority for sole proprietors) and tax payment receipt with confirmation from the tax authority printed from the electronic tax system or
- Tax return (or payment notice from the tax authority for sole proprietors) and confirmation from the tax authority of tax obligations fulfilled.
If the bid closing date is after the end of the contractor's fiscal year (year Y) and before or within the last day of the third month from the end of year Y, the requirement to declare and pay taxes applies to the fiscal year preceding year Y (year Y-1).
(For example: If the bid closing date is March 20, 2024, and the contractor's fiscal year is January 1 – December 31, then the contractor must prove that it has fulfilled tax declaration and payment obligations for the year 2022).
(5) For sole proprietors, this criterion is not evaluated.
(6) Specify the required period, usually from 3 to 5 years before the bid closing date. If the contractor has been established for fewer years than required by the Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years of establishment. In this case, if the contractor’s average annual revenue (excluding VAT) meets the Electronic Bidding Document value requirement, the contractor will still be evaluated and not disqualified.
For sole proprietors, financial statements are not mandatory, but the contractor must provide documents proving revenue corresponding to tax obligations.
If the bid closing date is after the end of the contractor's fiscal year (year Y) and before or within the last day of the third month from the end of year Y, the requirement to submit financial statements applies to previous years of year Y (years Y-1, Y-2...).
Example 1: If the bid closing date is March 20, 2024, and the contractor's fiscal year is January 1 – December 31, and the Electronic Bidding Document requires financial statements for the most recent 3 years, the contractor must submit financial statements for the years 2020, 2021, and 2022.
Example 2: The average annual revenue (excluding VAT) of the 3 most recent fiscal years from the bid closing date. In this case, if the bid closing date is November 15, 2024, the contractor must submit financial statements for the years 2021, 2022, and 2023. If the contractor was established in 2022 but the average revenue for 2022 and 2023 meets the requirement, the contractor is still evaluated.
(7) Usual calculation method for average annual revenue requirement (excluding VAT):
a) If the package implementation period is 12 months or more, the revenue calculation is as follows:
Minimum average annual revenue requirement (excluding VAT) = [(Package value – VAT amount) / Implementation period in years] x k. Usually, the coefficient “k” in this formula ranges from 1.5 to 2.
b) If the contract implementation period is less than 12 months, the revenue calculation is as follows:
Minimum average annual revenue requirement (excluding VAT) = (Contract value – VAT amount) x k. Usually, the required coefficient “k” in this formula is 1.5.
For centralized procurement packages that select contractors based on supply capacity, revenue is determined according to the above formula corresponding to the bid price (replace “contract value” with “bid price” in the formula). In this case, the investor needs to specify the coefficient “k”.
(8) For contracts in which the contractor has participated as a joint venture member or subcontractor, only the value of the work performed by the contractor is considered.
(9) Specify the required period, usually from 3 to 5 years prior to the bid closing date. For example: from January 1, 2019 to the bid closing date.
(10) Similar in nature: goods of a similar nature are those that meet one of the following two criteria: (i) Criterion 1: are goods belonging to the same field or category (the investor specifies the field or category, e.g., medical equipment, electrical equipment, office equipment...) or (ii) Criterion 2: are goods with the same Chapter code, Group code (corresponding to the first four digits of the code) in the Harmonized System of commodity description and coding (HS – Harmonized Commodity Description and Coding System) according to the Harmonized System classification issued by the World Customs Organization (WCO) (collectively referred to as HS codes). The HS code is based on Circular No. 31/2022/TT-BTC dated June 8, 2022, by the Ministry of Finance (published by the General Department of Customs on the electronic information page: https://www.customs.gov.vn). Contractors supplying goods within the same field or category required by the Electronic Bidding Document or with the same first four digits of HS codes are considered similar to the goods in the bidding package.
Example: If the bidding package includes laptops with HS code 84.71.30.20, then goods with HS codes 84.71.xx.xx are considered similar. If the goods in the bidding package have not yet been published with an HS code, the contractor must declare contracts supplying goods of the same field or category as required by the Electronic Bidding Document (Criterion 1).
- For procurement packages for medical equipment, HS codes are determined according to Circular No. 14/2018/TT-BYT dated May 15, 2018, by the Ministry of Health. Goods similar by HS code (determined according to Criterion 2) are medical equipment in the same commodity group (corresponding to the first four digits of the code) specified in Circular No. 14/2018/TT-BYT.
During implementation, if Circular No. 31/2022/TT-BTC or Circular No. 14/2018/TT-BYT is amended, supplemented, or replaced, the amended, supplemented, or replaced legal documents shall be applied instead of Circular No. 31/2022/TT-BTC or Circular No. 14/2018/TT-BYT).
- In cases where the investor or bidding party has difficulty determining the HS code of goods according to Criterion 2, the Electronic Bidding Document may stipulate similar requirements regarding the field or category (according to Criterion 1). In this case, if the contractor can identify the HS code of the goods as required by the bidding package and the HS code of the goods in the items or contracts already performed (accepted) falls within the same group (corresponding to the first four digits of the code), then this item or contract is considered similar for evaluation (considered as the contractor meeting Criterion 2).
- In the case of packages with multiple items, HS codes are only required for the main items of the package.
(11) Scale of similar contracts:
In cases where the bidding package contains multiple categories of goods, the corresponding value of each item must be stated as a basis for assessing the contractor's experience in executing similar contracts.
In cases where the bidding package includes different types of goods, depending on the nature and scale of the package, the bidding party shall specify requirements regarding the scale of similarity based on the main types of goods in the package (the main goods must be clearly stated) or requirements regarding the scale of similarity based on all types of goods in the package, specifying the required scale for each main item or each item. In cases of centralized procurement or procurement of goods with a large quantity and volume, and if there are fewer than three contractors in the country who have previously executed similar contracts with a scale exceeding 70% of the scale of the package being considered, the requirement for the scale of similar contracts may be reduced to Y/1.4 and/or the package may be divided into lots to increase competitiveness. Here, Y is usually around 70% of the value of the package being considered; in cases where the bidding package has some items with the same Chapter code and Group code, the determination of the scale of similar contracts is defined according to points (iii) and (iv) of these notes.
For procurement packages of goods with a volume and quantity of work based on needs over the years and a contract duration longer than 1 year, the Electronic Bidding Document requires the value of similar contracts within one cycle (1 year) without specifying requirements based on the total number of years.
Example: The bidding package for supplying material X for the needs of the investor over two years 2024-2025 (from 01/01/2024 to 31/12/2025), with a bid price of 100 billion VND (for the needs over two years). The required value of similar contracts is: 70% x 100/2 = 35 billion VND.
The evaluation of the scale of similar contracts is based on the completed value, as accepted, as follows:
(i) Having at least one completed contract that fully supplies similar types of goods with a value of at least Y (or Y/1.4 if it falls under centralized procurement or procurement of goods with a large quantity and volume) or
(ii) Having similar items executed in different contracts (contracts may be completed or ongoing, not yet accepted, liquidated) but ensuring that the value of each similar item executed meets at least 70% of the value of each item in the bidding package under consideration (or 50% if it falls under centralized procurement or procurement of goods with a large quantity and volume).
Where:
+ The executed item is a part or all of the volume of goods in the item that has been accepted within the specified time frame, regardless of the contract signing time. The point of confirming the executed item to determine the similar item is the point of acceptance of the goods, not based on the contract signing time.
+ A completed contract is one where all goods have been accepted or a contract that has been liquidated. The point of confirming the completed contract to determine the similar contract is the point of acceptance of the goods, not based on the contract signing time.
- In cases where the contractor is both a manufacturer and a supplier (some goods or part of the volume of goods proposed by the contractor in the Electronic Pre-qualification application are produced by the contractor, while some other goods or part of the volume are purchased from other manufacturers or suppliers to provide for the bidding package), in addition to declaring experience in executing similar contracts, the contractor must also declare production capacity according to the contents specified in Section 4 of Table No. 02 of this Chapter. The evaluation of the contractor's experience will be based on the contract for supplying similar goods (corresponding to the part of the goods that the contractor purchased from other manufacturers or suppliers) and the production capacity of the contractor (corresponding to the part of the goods that the contractor produced to supply the bidding package).
For centralized procurement packages selecting contractors based on supply capacity, similar contracts are defined according to the volume and value of goods that the contractor bids, ensuring that the value of each executed similar item meets at least 70% of the value of each item proposed by the contractor (or 50% if it falls under centralized procurement or procurement of goods with a large quantity and volume).
In cases where some items in the bidding package have the same Chapter code and Group code (code A), the evaluation of the scale of similar contracts is based on the completed value, as accepted, as follows:
(iii) Having at least one completed contract that fully supplies similar types of goods with a value of at least K (or K/1.4 if it falls under centralized procurement or procurement of goods with a large quantity and volume), where K is 70% of the total value of items without the same Chapter code and Group code (not code A) and the highest value of items with the same code A (item value according to the bid price, approved estimate) or
(iv) Having similar items executed in different contracts (contracts may be completed or ongoing, not yet accepted, liquidated) but ensuring that the value of each similar item without code A executed meets at least 70% of the value of each item in the bidding package under consideration (or 50% if it falls under centralized procurement or procurement of goods with a large quantity and volume). For similar items with the same code A, it is only necessary that the value of the similar item executed meets at least 70% of the highest value of items with the same code A in the bidding package under consideration (or 50% if it falls under centralized procurement or procurement of goods with a large quantity and volume).
* Examples for notes (10), (11):
- Example 1: The bidding package under consideration is for supplying 500,000 single-use syringes with HS code 9018.31.10 (according to the provisions of Circular No. 14/2018/TT-BYT) with a value of 1,000,000,000 VND and 100 ceiling surgical lamps with HS code 9405.10.20 (according to the provisions of Circular No. 14/2018/TT-BYT) with a value of 2,000,000,000 VND. Contractor X has contract A (not completed, not liquidated) supplying 2 ventilators with HS code 9018.90.30, of which 1 has been delivered (accepted) with a value of 900,000,000 VND (> 70% of the value of the syringe item) and has contract B (not completed, not liquidated) supplying 200 surgical lights with HS code 9405.40.91, of which 80 have been delivered (accepted) with a value of 1,450,000,000 VND (> 70% of the value of the ceiling lamp item), then contractor X is evaluated as meeting the requirements for similar contracts for this bidding package.

"~~From January 1, ___~~
- Example 2: The scope of supply of the bidding package is to purchase dump trucks along with 20 spare tires; the approved estimated value of the bidding package is 1.8 billion VND (in which the value of the dump truck is 1.64 billion VND and the 20 spare tires are valued at 0.16 billion VND). Thus, in this case, the main goods of the bidding package are dump trucks, and the scale of similar contracts is determined by 70% x 1.64 billion VND.
- Example 3: The scope of supply of the bidding package under consideration includes 50 air conditioners (HS code 8415; estimated price 2 billion VND); 20 laptops (HS code 8507; estimated price 400 million VND); 20 laser printers (HS code 8443; estimated price 100 million VND), to be delivered within 180 days from the effective date of the contract. The bidding contractor is Joint Venture A – B, where member A is the manufacturer of air conditioners responsible for supplying air conditioners (80% of the contract value), and member B is a trader responsible for supplying laptops and printers for the package (20% of the contract value). In this case, Joint Venture A – B is considered to meet the requirements for production capacity and experience in executing contracts if:
+ Member A provides documentation proving the design capacity of the factory, production line of air conditioning equipment achieves a minimum of 12.5 air conditioners/month (1.5 x 50 machines x 30 / 180 days) or the highest production output of air conditioners in one month within the last 5 years up to the bid closing date being equal to or greater than 12.5 units/month;
+ Member B has successfully provided the HS codes 8507 and 8443 in the same contract or in two different contracts but ensures that the value of HS code 8507 in one contract is equal to or greater than 70% of the value of the laptop item (i.e., ≥70% x 400 million VND), and the value of HS code 8443 in one contract is equal to or greater than 70% of the value of the laser printer item (i.e., ≥70% x 100 million VND).
- Example 4: The scope of supply for the bidding package for procurement of goods Q is as follows:

No.	Goods Category	HS Code	Estimated Value (VND)
1	Goods A	9025	10,000,000,000
2	Goods B	9030	8,000,000,000
3	Goods C	9030	12,000,000,000

In this case, Contractor A participating in the bidding package for the procurement of goods Q mentioned above is considered to meet the requirement for experience in executing similar supply contracts if:
+ Provides 01 contract with complete HS codes 9025 and 9030, and the total value of HS codes 9025 and 9030 in the completed contract is at least 15.4 billion VND (70% x (10 billion VND + 12 billion VND)) or
+ Provides 01 contract in which HS code 9025 has been supplied with a minimum value of 7 billion VND (70% x 10 billion VND) and 01 contract has supplied HS code 9030 with a minimum value of 8.4 billion VND [70% x 12 billion VND].

Example 5: The bidding package for the procurement of goods is divided into several parts (for example, divided into 03 parts) as follows:

No.	Part Name	Scope of Supply	HS Code	Estimated Value (VND)
1	Lot No. 01	Goods A	9025	10,000,000,000
2	Lot No. 02	Goods B	9030	20,000,000,000
3	Lot No. 03	Goods C	9025	30,000,000,000

In this case, the contractor participating in the bidding for all 03 parts of the aforementioned procurement package has 01 contract supplying HS code 9025 with a value executed as Z, evaluated as follows:
+ Case 1: if Z < 7,000,000,000 VND, then it is evaluated as not meeting the requirements for experience in executing similar supply contracts for all 03 parts (Lot No. 01, 02, 03) that the contractor participates in.
+ Case 2: if 7,000,000,000 ≤ Z < 14,000,000,000 VND, then it is evaluated as meeting the requirements for experience in executing similar supply contracts for Lot No. 01.
+ Case 3: if 14,000,000,000 ≤ Z < 21,000,000,000 VND, then it is evaluated as meeting the requirements for experience in executing similar supply contracts for Lot No. 01 and Lot No. 02.
+ Case 4: if Z ≥ 21,000,000,000 VND, then it is evaluated as meeting the requirements for experience in executing similar supply contracts for all 03 parts (Lot No. 01, 02, 03) that the contractor participates in.
(12) If after-sales service is not required, then strike out this evaluation criterion.
If the contractor lacks commitment, it can be supplemented during the Electronic Pre-qualification application evaluation process. If the contractor does not supplement the commitment within a reasonable timeframe as required by the Investor, the Bidding Entity, then the contractor's Electronic Pre-qualification application is considered not to meet the requirements regarding warranty, maintenance, repair, provision of spare parts, or other after-sales services and will be disqualified.

Table No. 02 (Webform on the System)

EVALUATION STANDARDS FOR CAPACITY AND EXPERIENCE
(For contractors who are manufacturers⁽¹⁾ of goods within the scope of the package)

Criteria for capacity and experience			Requirements to comply with			Documents to submit
No.	Description	Requirements	Independent contractor	Consortium contractor
No.	Description	Requirements	Independent contractor	Total consortium members	Each consortium member
1	History of contract non-completion due to contractor's fault	From January 1, ___⁽²⁾until the bid closing date, the contractor has no incomplete contracts for the supply of goods, EPC, EP, PC, or turnkey projects due to the contractor's fault⁽³⁾.	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 07
2	Fulfillment of tax declaration and payment obligations	The contractor has fulfilled tax declaration and payment obligations⁽⁴⁾ for the most recent fiscal year relative to the bid closing date.	Must meet this requirement	Not applicable	Must meet this requirement	Content of the commitment in the bid
3	Financial capacity⁽⁵⁾
3.1	Financial performance⁽⁶⁾	The contractor's net worth in the most recent fiscal year relative to the bid closing date must be positive. (Net worth = Total assets - Total liabilities)	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 08
3.2	Average annual revenue (excluding VAT)⁽⁷⁾	The average annual revenue (excluding VAT) of ___⁽⁸⁾ for the most recent fiscal year relative to the bid closing date must be at least ____⁽⁹⁾ VND. For the concentrated procurement package applying contractor selection based on supply capability, revenue is determined according to the bid price using coefficient “k” ____.	Must meet this requirement	Must meet this requirement	Not applicable	Form No. 08
4	Production capacity of goods⁽¹⁰⁾	The contractor must provide documentation proving their production capacity for the goods included in the package meets the requirements in one of the following ways: - The design capacity of the factory or production line is at least: ___ products/month; Or: - The highest production output of one month in the last five years up to the bid closing date is at least: ___ products. For the concentrated procurement package applying contractor selection based on supply capability, production capacity is determined according to the volume and quantity that the contractor can provide (not necessarily corresponding to the tendered volume) using coefficient “k” ____.	Must meet this requirement	Must meet this requirement	Must meet the requirement (equivalent to the part of the work undertaken)	Form No. 05B
5	Warranty capability, supply of spare parts, or provision of other after-sales services⁽¹¹⁾	The contractor must prove the ability to fulfill warranty obligations, supply spare parts, or provide after-sales services in one of the following ways: - The contractor commits to having the capacity to fulfill warranty obligations, supply spare parts, or provide after-sales services as required by the Electronic Bidding Document. - The contractor signs a principle contract with an entity capable of fulfilling warranty obligations, supplying spare parts, or providing after-sales services as required by the Electronic Bidding Document.	Must meet this requirement	Must meet this requirement	Not applicable	Commitment from the contractor or principle contract

Note:
(1) A manufacturer is understood as a business or production facility that produces goods or participates in the process of producing goods, or as a subsidiary or parent company responsible for the distribution and consumption of products produced by the parent company or other subsidiaries within the Group or Corporation..
(2) Indicate the required time period, typically from 3 to 5 years before the year of the bid closing date. For example: from January 1, 2019, to the bid closing date.
(3) Contracts for the supply of goods, EPC, EP, PC, turnkey not completed due to the contractor's fault include:
- Contracts for the supply of goods, EPC, EP, PC, turnkey that the Investor concludes as uncompleted by the contractor and the contractor does not dispute;
- Contracts for the supply of goods, EPC, EP, PC, turnkey concluded by the Investor as uncompleted, which the contractor does not approve, but has been concluded unfavorably for the contractor by arbitration or court.
Uncompleted contracts do not include contracts whose decisions by the Investor have been rejected through dispute resolution mechanisms. The determination of uncompleted contracts must be based on all information about disputes or litigation resolved according to the relevant contract's dispute resolution provisions, and when the contractor has exhausted all possible opportunities to appeal. Contracts that are delayed due to the contractor's fault but are still completed are not considered uncompleted contracts.
For a consortium contractor, if only one or some members of the consortium violate and are prohibited from participating in bidding activities according to the provisions of Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP, the remaining members of the consortium are not considered uncompleted contracts due to the contractor's fault. In cases where one or some members of the consortium violate the contract, no longer have the capacity to continue fulfilling the contract, severely affecting the progress, quality, and effectiveness of the bidding package, only the violating members of the consortium are considered uncompleted contracts, while the remaining members are not regarded as uncompleted contracts due to the contractor's fault.
(4) The contractor must provide documentation proving that they have fulfilled their tax declaration and corporate income tax obligations (personal income tax for individual contractors) for the most recent fiscal year relative to the bid closing date (in cases where the System has not updated information about tax obligations) to verify when invited to verify documents. Tax obligations refer to paying taxes according to the applicable tax rates, taxable income, and taxable revenue declared by the contractor on the electronic tax system (the amount of tax paid corresponds to the amount of tax owed); in cases where tax payment is delayed, exempted, or reduced according to State policies, these provisions apply. If the System has not automatically extracted the contractor's tax obligations information, the contractor must submit the following documents:
- Tax declaration form (or payment notification from the tax authority for individual businesses) and Payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration form (or payment notification from the tax authority for individual businesses) and confirmation from the tax authority regarding the fulfillment of tax obligations.
In cases where the bid closing date is after the end of the contractor's fiscal year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for tax declaration and payment applies to the previous fiscal years of year Y (years Y-1, Y-2...).
(Example: If the bid closing date is March 20, 2024, and the contractor's fiscal year is from January 1 to December 31, then the contractor must prove that they have fulfilled their tax declaration and payment obligations for the year 2022).
(5) When bidding for innovative products, individuals or groups producing innovative products specified in Clause 4, Article 5 of Decree No. 24/2024/NĐ-CP are not required to meet the financial capacity and number of years of operation in the same industry within a period of 06 years since the product was first produced and qualified for market introduction.
(6) For contractors that are individual businesses, this criterion is not evaluated.
(7) For domestic innovative startup enterprises bidding for their innovative products according to the provisions of Clause 4, Article 5 of Decree No. 24/2024/NĐ-CP, they are not required to meet this criterion within a period of 06 years from when the product was first produced and qualified for market introduction.
For domestic contractors that are transferred technology to produce goods originating from Vietnam, in accordance with Electronic Bidding Document, they are not required to meet this criterion within a period of 05 years from when the product was first produced and qualified for market introduction. The basis for determining domestic contractors receiving technology transfer includes certificates of technology transfer registration and certificates encouraging technology transfer according to the provisions of laws on technology and investment.
For domestic contractors producing goods originating from Vietnam that comply with Electronic Bidding Document, they are not required to meet the revenue requirement when bidding for goods of which this type was first produced by the contractor and qualified for market introduction within a period of 05 years before the bid closing date. Contractors enjoy this preference from the time of establishment but not exceeding 07 years up to the bid closing date;
(8) Indicate the required time period, typically from 3 to 5 years before the year of the bid closing date. In cases where a contractor has fewer years of establishment than required by Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years the contractor has been established. In this case, if the average annual revenue (excluding VAT) of the contractor meets the requirements of Electronic Bidding Document, the contractor can still be evaluated without being disqualified.
For contractors that are individual businesses, it is not mandatory to submit financial statements, but the contractor must provide documents proving revenue corresponding to tax obligations.
In cases where the bid closing date is after the end of the contractor's fiscal year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for submitting financial statements applies to the previous years of year Y (years Y-1, Y-2...).
Example 1: The bid closing date is March 20, 2024, the contractor's fiscal year is from January 1 to December 31, and the Electronic Bidding Document requires the contractor to submit financial statements for the last 3 years, then the contractor must submit financial statements for the years 2020, 2021, and 2022.
Example 2: The average annual revenue (excluding VAT) of the last 3 fiscal years relative to the bid closing date. In this case, if the bid closing date is November 15, 2024, the contractor must submit financial statements for the years 2021, 2022, and 2023. The contractor was established in 2022, but if the average revenue for 2022 and 2023 meets the requirement, the contractor can continue to be evaluated.
(9) The usual calculation method for the required average annual revenue (excluding VAT):
a) In cases where the execution time of the bidding package is 12 months or longer, the revenue calculation is as follows:
The minimum requirement for average annual revenue (excluding VAT) = [(Bid price – VAT value)/execution time of the bidding package in years] x k. Typically, the required coefficient “k” in this formula ranges from 1.5 to 2.
b) In cases where the execution time of the bidding package is less than 12 months, the revenue calculation is as follows:
The minimum requirement for average annual revenue from production and business activities (excluding VAT) = (Bid price – VAT value) x k. Typically, the required coefficient “k” in this formula is 1.5.
For the centralized procurement package applying contractor selection based on supply capacity, revenue is determined using the above formula corresponding to the bid price (replace “bid price” with “bid price” in the formula). In this case, the investor needs to specify the coefficient “k”.
(10) In cases where the bidding package includes various types of goods, depending on the characteristics and scale of the package, the Inviting Party should specify the design capacity of the factory, production line, or the highest production output in one month in the last 5 years relative to the bid closing date based on the main types of goods in the package (the main goods must be clearly stated) or based on all types of goods in the package, corresponding to the requirements for the main item or all goods of the package for contractors that are trading companies.
The design capacity of the factory, production line, or the highest production output in one month in the last 5 years relative to the bid closing date is calculated as: k x (Required quantity of the bidding package x 30/Execution time of the bidding package (measured in days)). Typically, k = 1.5; in cases of centralized procurement or procurement of goods with large quantities or volumes, k can be specified as 1.
Example: The quantity of goods needed to purchase is 12,000 boxes of milk, the execution time of the bidding package is 20 days, k = 1.5, then the minimum design capacity in one month/the highest production output of the contractor is: 1.5 x (12,000 x 30/20) = 27,000 boxes of milk.
In cases where the goods are products produced domestically by the Vietnamese contractor (which may or may not have been sold in the market), the contractor must prove that the design capacity or production output meets the requirements.
In cases where the contractor is both a producer and a supplier (some goods or part of the volume of goods offered in the Electronic Pre-qualification application are produced by the contractor, while other goods or parts are purchased from other producers or suppliers for the bidding package), in addition to declaring production capacity, the contractor must also declare experience in executing similar contracts according to the provisions in Section 4, Table 01 of this Chapter. The evaluation of the contractor's experience will be based on contracts for supplying similar goods (corresponding to the portion of goods purchased from other producers or suppliers) and the contractor's production capacity (corresponding to the portion of goods that the contractor self-produces for the bidding package).
The contractor may use documents such as sales invoices, inventory quantities, etc., to prove the output produced in one month; and use documents proving the design capacity of the factory or production line to demonstrate production capacity.
For the centralized procurement package applying contractor selection based on supply capacity, production capacity is determined using the above formula corresponding to the volume and quantity that the contractor can supply (not corresponding to the tendered volume). In this case, the investor needs to specify the coefficient “k”.
(11) In cases where the contractor lacks commitments, these can be supplemented during the evaluation of the Electronic Pre-qualification application. If the contractor does not supplement the commitment within a reasonable time as requested by the investor or the inviting party, the contractor's Electronic Pre-qualification application will be considered non-compliant regarding warranty capacity, supply of spare parts, or provision of other after-sales services, and will be disqualified. If after-sales services are not required, this evaluation criterion should be struck out..

Table No. X (Webform on the System)

STANDARD EVALUATION TABLE FOR FINANCIAL CAPACITY AND EXPERIENCE
(Applicable for bidding packages for goods divided into multiple lots)

No.	Lot Code	Lot Name	Estimated Value of Each Lot (VND)	Average Annual Revenue (excluding VAT)* (VND)	HS Code	Scope of Similar Contracts (applicable for trading contractors) (VND)**	Production Capacity (applicable for manufacturers)	Warranty and Maintenance Capability
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

For historical contents regarding uncompleted contracts due to contractor faults, the obligations to declare taxes, pay taxes, financial activity results, warranty capabilities, provide spare parts, or provide other after-sales services apply as stipulated in Table No. 01, Table No. 02 of this Chapter.
Note:
(*) In cases where the contractor participates in multiple parts, the revenue assessment is based on the total average revenue value required for the parts that the contractor participates in. If the contractor participates in one part, it only needs to meet the revenue requirement for that part. In the case of a concentrated procurement package applying contractor selection based on supply capacity, the revenue requirement for each part is determined according to the formula specified in note (7) Table No. 01, note (9) Table No. 02 of this Chapter (replacing “package price” with “bid price” in the formula).
(**) In cases where the contractor participates in multiple parts, the assessment of similar contracts corresponds to each part that the contractor participates in, and the contractor is not required to meet the total scope of similar contracts for the parts that the contractor participates in. In the case of a concentrated procurement package applying contractor selection based on supply capacity, the requirement for the scope of similar contracts for each part is determined according to note (11) Table No. 01, note (10) Table No. 02 of this Chapter.

2.2. Evaluation Criteria for Key Personnel:
There is no requirement for mobilizing key personnel for the supply of goods. For commonly available goods in the market, where high-level personnel are not required to perform related services (such as installation, training, technology transfer, etc.), there is no requirement for key personnel. Key personnel requirements are only applicable for related services that have specific, complex elements necessitating knowledgeable and experienced personnel.
If the Electronic Bidding Document requires key personnel, the contractor must demonstrate the ability to mobilize the proposed key personnel. The contractor must provide detailed information about the proposed key personnel and their experience documentation according to Forms 06A, 06B, 06C in Chapter IV. Key personnel may be part of the contractor's staff or may be mobilized by the contractor. In cases where the key personnel declared in the Electronic Pre-qualification application do not meet the requirements or fail to demonstrate the ability to mobilize personnel (including instances where key personnel are already mobilized for another contract with overlapping work periods with this project), the contracting authority allows the contractor to supplement or replace. The contractor is only allowed to supplement or replace once for each key personnel position within an appropriate timeframe of no less than 03 working days. If the contractor does not have replacement key personnel meeting the Electronic Bidding Document requirements, the contractor will be disqualified. In any case, if the contractor declares dishonest information about key personnel, they cannot replace personnel; the contractor's Electronic Pre-qualification application will be disqualified and considered fraudulent according to the provisions of Clause 4, Article 16 of the Bidding Law and processed according to the regulations in point a, Clause 1, Article 125 of Decree No.24/2024/NĐ-CP.
The requirement for key personnel is digitized as a Webform on the System. Experience in similar work is reflected in the minimum years of personnel performing similar work or the minimum number of contracts in similar work. The number of years of experience for key personnel is calculated from the time they started performing similar work until the bid closing date. The contractor must provide detailed information about the proposed key personnel according to Forms 06A, 06B, and 06C in Chapter IV to demonstrate that they have sufficient personnel for the key positions meeting the following requirements:
Table No. 03: Requirements for Key Personnel (Webform on the System) ⁽¹⁾

No.	Job Position	Quantity	Experience in Similar Work	Certificates/Professional Qualifications⁽²⁾
1			minimum__years or minimum___contracts
2			minimum__years or minimum___contracts
3
…

Note:
(1) In cases where the bidding package does not require key personnel, the Investor does not fill in this Table.
(2) Applicable only in cases where related services require professional certification.
Section 3. Technical Evaluation Criteria
Use pass/fail criteria or scoring methods to establish the technical evaluation criteria.
The establishment of technical evaluation criteria is based on factors regarding the ability to meet the requirements for quantity, quality, delivery time, transportation, installation, warranty, provision of after-sales services (if any), and information about the contractor's contract performance as stipulated in Article 17 and Article 18 of Decree No. 24/2024/NĐ-CP, the quality of similar goods is publicly disclosed according to the provisions of Article 18 of Decree No. 24/2024/NĐ-CP (if any) and other requirements stated in Chapter V. Based on each specific bidding package, when preparing the Electronic Bidding Document, specific criteria must be established as the basis for technical evaluation, including:
- Characteristics, technical specifications of the goods, production standards, manufacturing standards, and technology;
- Reasonableness and economic efficiency of technical solutions, organizational measures for the supply and installation of goods;
- The level of compliance with warranty and maintenance requirements: the contractor must present a plan for providing warranty and maintenance services;
- The level of compliance with requirements for supplying materials, replacement equipment, and other related services (if any) throughout the entire use process of the goods.
- The ability to adapt geographically and environmentally;
- Environmental impact and solutions;
- Sustainable bidding criteria (if any);
- Factors regarding commercial conditions, delivery times, technology transfer training, provision of after-sales services;
- Delivery schedule;
- Environmental friendliness;
- Contractor’s performance results regarding the supply of goods, EPC, EP, PC, and turnkey projects as stipulated in Articles 17 and 18 of Decree No. 24/2024/NĐ-CP, the quality of similar goods is publicly disclosed according to the provisions of Article 18 of Decree No. 24/2024/NĐ-CP (if any);
- Other necessary factors.
3.1. Evaluation according to scoring method[7]:
Based on the size and nature of the bidding package, the Investor specifies the minimum and maximum scores for each general criterion. A minimum score may be specified for basic detailed criteria within general criteria; a minimum score cannot be specified for non-basic detailed criteria. For bidding packages with high technical requirements, the minimum required score for technical evaluation ranges from 80% to 90% of the total maximum technical score. Electronic Pre-qualification application with total scores (as well as the scores of some general criteria) meeting or exceeding the minimum required score will be evaluated as meeting the technical requirements and will proceed to financial review.
The technical score of each general criterion is calculated based on the technical scores of detailed criteria using the following formula:

Where:
t_ji= technical score of detailed criterion “i” in general criterion “j”,
w_ji = weight of detailed criterion “i” in general criterion “j”,
k = number of detailed criteria in general criterion “j”, and

The total technical score is calculated using the following formula:

Where:
S_j = technical score of general criterion “j”
W_j = weight of general criterion “j”
n = number of general criteria, and

3.2. Evaluation by pass/fail method[8]:
Based on the size and nature of each specific bidding package, the level of requirements for each item is determined. For the general evaluation criteria, only pass/fail criteria are used. For the basic detailed criteria within the general criteria, only pass/fail criteria are used; for the non-basic detailed criteria within the general criteria, in addition to pass/fail criteria, acceptable criteria may also be applied, but they must not exceed 30% of the total number of detailed criteria in that general criterion.
The general criterion is considered passed when all basic detailed criteria are assessed as passed and the non-basic detailed criteria are assessed as either passed or acceptable.
Electronic Pre-qualification application is assessed as meeting technical requirements when all general criteria are evaluated as passed.
4. Evaluation Standards for Electronic Financial Proposal
Depending on the nature and size of each specific bidding package, choose one of the methods below that is appropriate:
4.1. Lowest Price Method[9]:
The method for determining the lowest price is as follows:
- In the case of Item 13.5 Electronic Bidding Document List stipulating that the contractor bids according to Form 12.1 (12.1A or 12.1B or 12.1C) Chapter IV:
Step 1. Determine the bidding price, the bidding price after discount (if any);
Step 2. Determine the preferential value (if any) according to the provisions of Item 31 Electronic Competitive Dialogue and Negotiated Tendering;
Step 3. Contractor ranking: Electronic Pre-qualification application with the bid price after deducting the discount value (if any) and adding the preferential value (if any) is ranked first.
- In the case of Item 13.5 Electronic Bidding Document List stipulating that the contractor bids according to Form 12.2 (12.2A or 12.2B or 12.2C) Chapter IV:
Step 1. Determine the bid price excluding taxes, fees, import duties, special consumption tax (if any), VAT, after discounts (if any);
Step 2. Determine the preferential value (if any) according to the provisions of Item 31 Electronic Competitive Dialogue and Negotiated Tendering;
Step 3. Contractor ranking: Electronic Pre-qualification application with the bid price excluding taxes, fees, import duties, special consumption tax (if any), VAT, after deducting the discount value (if any) and adding the preferential value (if any) is ranked first.
4.2. Price Evaluation Method[10]:
The method for determining the evaluation price is as follows:
Step 1.
- In the case of Item 13.5 Electronic Bidding Document List stipulating that the contractor bids according to Form 12.1 (12.1A or 12.1B or 12.1C) Chapter IV, then determine the bid price after discounts (if any).
- In the case of Item 13.5 Electronic Bidding Document List stipulating that the contractor bids according to Form 12.2 (12.2A or 12.2B or 12.2C) Chapter IV, then determine the bid price excluding taxes, fees, import duties, special consumption tax (if any), VAT after discounts (if any).
Step 2. Determine the evaluation price:
The determination of the evaluation price is carried out according to the following formula:
G_DG = G ± Δ_G+ Δ_ƯĐ
Where:
- G is the bid price determined in Step 1 of this section;
- Δ_ƯĐ is the value to be added for entities not entitled to preferences according to the provisions of Item 31 Electronic Competitive Dialogue and Negotiated Tendering.
- Δ_G is the value of the factors standardized for the entire life cycle of the goods. Accordingly, when establishing the evaluation price standards, the investor and the bid solicitor may consider quantifying one or more factors other than the bid price. These factors may include:
a) Delivery time:
Goods must be delivered within the timeframe specified in the Electronic Bidding Document. Contractors proposing an earlier delivery date than the earliest delivery date will not be given priority. Contractors proposing a delivery time later than this period will have their Electronic Pre-qualification application disqualified.
In cases where the investor or the bid solicitor can quantify the monetary advantage of one day of early use of the goods (within the delivery schedule) that will save A (VND), this factor will be used in the evaluation price formula. If the contractor delivers later than the earliest delivery date by X days (but still within the delivery schedule), an amount of A x X (VND) will be added to this contractor's bid price for comparison and ranking.
b) Payment schedule:
The contractor must quote according to the payment schedule specified in the Specific Terms and Conditions of the Contract. Electronic Pre-qualification application will be compared based on the quoted price according to the payment schedule provided. However, along with the payment schedule specified in the Specific Terms and Conditions of the Contract, the contractor is allowed to propose an alternative payment schedule and suggest a discount based on this payment schedule. After the contractor is selected based on the comparison of the price quoted according to the initial payment schedule, the investor may consider the alternative payment schedule and discount of this contractor.
c) Costs for material items, spare parts during the initial period:___ [The investor or the bid solicitor chooses one of the following two methods:
The contractor is responsible for listing and quoting for materials, spare parts during the initial operating period specified in Item 15.8 Electronic Bidding Document List. The quoted prices for these materials and spare parts will be added to the contractor's bid price to compare Electronic Pre-qualification application and rank the contractor. The contractor is responsible for adhering to the commitment with the proposed price in this section during the usage period.
or
The investor and the bid solicitor shall prepare a list of materials, spare parts with high usage frequency and value during the initial operating period specified in Item 15.8 Electronic Bidding Document List. The contractor must quote unit prices and total amounts for these materials and spare parts. The quoted prices of these goods will be added to the contractor's bid price to form the basis for comparing Electronic Pre-qualification application and ranking the contractor. The contractor is responsible for adhering to the commitment with the proposed prices during the usage period.
d) The ability to provide materials, spare parts, and after-sales services for the goods quoted in Electronic Pre-qualification application at the project site:
To facilitate the comparison of Electronic Pre-qualification application and contractor ranking, the bid price will be increased by an amount equivalent to the costs that the Investor must incur to establish minimum service facilities and to store the materials and spare parts if these items are quoted separately.
e) Life cycle costs:
Life cycle costs should be considered when the costs for operation and maintenance over the life cycle of the goods are significant compared to the purchase costs and may differ between Electronic Pre-qualification applications. Life cycle costs will be evaluated based on net present value. If life cycle costs are applied, the following factors may be considered for comparison and contractor ranking purposes:
+ Number of years for calculating life cycle costs:___ [write the number of years];
+ Discount rate for present value calculation of operation and maintenance costs: ___ [write the discount rate];
+ Annual operation and maintenance costs over the life cycle of the goods determined by: ____ [write the determination method];
+ Salvage value;
+ Other factors as required by the Investor and the bid solicitor;
+ The contractor must provide the following information: ________ [list the information the contractor must provide (if needed)].
f) Performance and capacity of the equipment:

To compare Electronic Pre-qualification application and rank the contractor, the bid price will be reduced by an amount corresponding to the difference in capacity and performance between the contractor's proposal and the minimum requirements in the bidding documents. Specifically:_______ [write the adjustment formula]. For example, a 1% or 1 unit difference in performance and capacity of the equipment that the Electronic Pre-qualification application offers better than the minimum requirement in the bidding documents is considered equivalent to _____ [write the amount that the Investor could benefit from due to higher performance and capacity].
g) Goods certified with eco-labels, energy labels, and equivalents (if any): _____ [If this criterion applies, the investor or bid solicitor needs to quantify in monetary terms a unit difference for goods certified with eco-labels, energy labels, and equivalents compared to the minimum requirement].
h) Sustainable bidding (if any): _____ [If this criterion applies, the investor or bid solicitor needs to quantify in monetary terms a unit difference for environmental and social indicators compared to the minimum requirement.If priority is given to products or services certified with eco-labels, energy labels, and equivalents, it needs to be specifically regulated.].
i) Information on the contractor's contract performance results as regulated in Article 17 and Article 18 of Decree No. 24/2024/NĐ-CP;
k) Quality of similar goods that have been publicly disclosed according to the provisions of Article 18 of Decree No. 24/2024/NĐ-CP (if any), including considering the origin;
l) Other standards:
In cases where the provision includes requirements for sustainable bidding, such as emissions, fuel consumption, recycled materials, reuse, etc., the Investor and the Bid Solicitor may use the pass/fail criteria or, along with the pass/fail criteria, quantify these factors in monetary terms if they exceed the minimum requirements.
Step 3. Contractor ranking: Electronic Pre-qualification application with the lowest evaluation price is ranked first.
4.3. Combined technical and price method[11]:
When applying this method, the technical evaluation criteria must use a scoring method. A scoring scale (T) consistent with the technical scoring scale will be used to determine the price score. T is the maximum technical score determined in Item 3.1 of this chapter.
The comprehensive evaluation criteria are constructed based on the combination of technical and price. Depending on the scale and nature of each specific package, it is necessary to determine the weighting of technical scores and the weighting of price scores to ensure that the total weighting of technical scores plus the total weighting of price scores equals 100%, in which the weighting of technical scores (K) ranges from 10% to 30%, and the weighting of price scores (T) ranges from 70% to 90%.
Step 1.
- If Item 13.5 Electronic Bidding Document List states that the contractor bids according to Form 12.1 (12.1A or 12.1B or 12.1C) Chapter IV, then determine the bid price after discount (if any).
- If Item 13.5 Electronic Bidding Document List states that the contractor bids according to Form 12.2 (12.2A or 12.2B or 12.2C) Chapter IV, then determine the bid price excluding taxes, fees, and charges related to imports, special consumption tax (if any), VAT after discount (if any).
Step 2. Determine the composite score.

G_lowest Current technical score_{under consideration}
Composite score_{under consideration} = (( ^____________×

T + ^{_________________________}_×

K) × 100) + Δ_ƯĐ
G_{under consideration}Highest technical score

Where:
Current technical score_{under consideration}: is the score determined in the technical evaluation step of the Electronic Pre-qualification application under consideration;
Highest technical score_: is the highest score among the Electronic Pre-qualification applications that meet the technical requirements;
G_lowest: is the bid price after corrections, adjustments for discrepancies, minus the lowest discount value (if any) of the Electronic Pre-qualification applications that meet the technical requirements;

G_{under consideration}: is the bid price after corrections, adjustments for discrepancies, minus the discount value (if any) of the Electronic Pre-qualification application under consideration;
K: Weighting of technical scores specified in the overall scoring scale;
T: Weighting of price scores specified in the overall scoring scale;
K + T = 100%. In which, the weighting of technical scores (K) is:__[specify the value from 10% to 30%, the weighting of price scores (T) is:___[specify the value from 70% to 90%];
Δ_ƯĐ is the value to be added for the entity eligible for incentives according to the provisions of Section 31 Electronic Competitive Dialogue and Negotiated Tendering (if any).
Step 3. Contractor ranking: Electronic Financial Proposal with the highest composite score is ranked first.
Section 5. Alternative technical proposal in Electronic Pre-qualification application (if any)
In cases where the contractor is allowed to propose an alternative technical solution as specified in Section 12 Electronic Competitive Dialogue and Negotiated Tendering, the Electronic Pre-qualification application will be evaluated as follows: ___ [list the criteria and standards for evaluating the alternative technical solution].
Section 6. Cases where the bid package is divided into independent parts (if any)
In cases where the bid package is divided into independent parts, the Electronic Bidding Document must specify the standards and evaluation methods for each part or multiple parts so that contractors can calculate their bidding proposals based on their capabilities. The evaluation of the Electronic Pre-qualification application and the selection of the winning bid will be based on ensuring that the total proposed winning bid of the package is the lowest (for packages applying the lowest price method); the total evaluated price of the package is the lowest (for packages applying the evaluation price method); the highest composite score (for packages applying the combined method of technical and price) and the proposed winning bid of the entire package does not exceed the approved package price without comparing with the estimated cost of each part.

Chapter IV. BID AND BID FORM

No.	Form	Method of Implementation	Responsibility for Implementation
No.	Form	Method of Implementation	Bidder	Contractor
1	Form No. 01A. Scope of Supply of Goods (Applicable for Lump Sum Contracts)	Webform	X
2	Form No. 01B. Scope of Supply of Goods (Applicable for Unit Price Contracts)		X
3	Form No. 01C. Scope of Supply of Goods (Applicable for Mixed Contracts)		X
4	Form No. 01D. Related Services		X
5	Form No. 01E. Materials and Spare Parts		X
I	Sample of Technical Proposal Documentation
6	Form No. 02A. Bid Submission Form for Electronic Technical Proposal (Applicable for Contractor as Organization)			X
7	Form No. 02B. Bid Submission Form for Electronic Technical Proposal (Applicable for Contractors who are Individuals or Groups of Individuals Producing Innovative Products)		X
8	Form No. 02C. Agreement Document (Applicable for Groups of Individuals Producing Innovative Products)		X
9	Form No. 03. Joint Venture Agreement		X
10	Form No. 04A. Bid Guarantee (Applicable for Independent Contractors)	Scan and attach	X
11	Form No. 04B. Bid Guarantee (Applicable for Joint Venture Contractors)	Scan and attach	X
12	Form No. 05A. Similar Contract Performed by Contractor (Applicable for Commercial Contractors)	Webform	X
13	Form No. 05B. Declaration of Production Capacity (Applicable for Contractors who are Manufacturers)		X
14	Form No. 06A. Key Personnel Proposal Table		X
15	Form No. 06B. Professional Resume of Key Personnel		X
16	Form No. 06C. Professional Experience Table		X
17	Form No. 07. Contract Not Completed Due to Contractor's Fault			X
18	Form No. 08. Contractor's Financial Situation			X
19	Form No. 09A. Scope of Work Using Subcontractors			X
20	Form No. 09B. List of Subsidiaries and Member Companies Responsible for the Contract Work			X
21	Form No. 10A. Delivery Schedule Table			X
22	Form No. 10B. Contractor's Proposal for Goods			X
II	Form in Financial Proposal Document
23	Form No. 11.1 Summary of Bid Prices(If Electronic Bidding Document requires bidding according to Form No. 12.1 of this Chapter)			X
24	Form No. 11.2 Summary of Bid Prices(If Electronic Bidding Document requires bidding according to Form No. 12.2 of this Chapter)			X
25	Form No. 12.1A. Bid Price Table for Goods (applicable for lump-sum contracts)		X
26	Form No. 12.1B. Bid Price Table for Goods (applicable for unit price contracts)		X
27	Form No. 12.1C. Bid Price Table for Goods (applicable for mixed contracts)		X
28	Form No. 12.2A. Bid Price Table for Goods (applicable for lump-sum contracts)		X
29	Form No. 12.2B. Bid Price Table for Goods (applicable for unit price contracts)		X
30	Form No. 12.2C. Bid Price Table for Goods (applicable for mixed contracts)		X
31	Form No. 13A. Bid Price Table for Related Services (applicable for lump-sum contracts and unit price contracts)		X
32	Form No. 13B. Bid Price Table for Related Services (applicable for mixed contracts)		X
33	Form No. 14A. Price Table for Materials and Spare Parts (applicable in cases where the contractor is required to propose independently)			X
34	Form No. 14B. Price Table for Materials and Spare Parts (applicable in cases where the Client requests)			X
35	Form No. 15A. List of Goods Eligible for Preferences			X
36	Form No. 15B. Domestic Production Costs for Goods Eligible for Preferences (in the case of declaring imported costs)			X
37	Form No. 15C. Domestic Production Costs for Goods Eligible for Preferences (in the case of declaring production costs in Vietnam)			X
38	Form No. 16A. Bid Application Form under Electronic Financial Proposal (applicable for contractors as organizations)			X
39	Form No. 16B. Bid Application Form under Electronic Financial Proposal (applicable for contractors as individuals or groups of individuals producing innovative products)			X

Form No. 01A (webform on the System)

SCOPE OF SUPPLY OF GOODS
(Applicable for fixed-price contracts)

The investor lists in detail the categories of goods required for supply. It should specify the list of goods with required quantities, types, and detailed descriptions or explanations (if necessary).

No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements for Goods (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements for Goods (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]	Latest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]
1
2
3
…

Notes:
(1) Refer to the corresponding content stipulated in Chapter V.
(2) Applicable in the following cases:
- The investor requires the origin to be specified according to groups of countries or territories as stipulated in Clause 2, Article 44 of the Law on Bidding. In this case, the contractor must offer goods that meet the origin requirement or goods originating from Vietnam, even if the required group of countries or territories does not include Vietnam. Contractors offering goods without the required origin as per the Electronic Bidding Document or not originating from Vietnam will be disqualified.
Examples of groups of countries or territories: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations, Organisation for Economic Co-operation and Development (OECD), Group of Twenty (G20), Group of Eight (G8), Group of Seven (G7)...
- The investor decides to require the contractor to offer goods of domestic origin when the bidding package for purchasing goods meets the provisions of Point e, Clause 3, Article 10 of the Law on Bidding. In this case, the contractor must offer goods of Vietnamese origin, and contractors offering goods without Vietnamese origin will be disqualified.
If the investor does not require any origin specification, this section should be left blank.
(3) Delivery dates must comply with the technical requirements specified in Chapter V.
In the case of a bidding package divided into parts (lots), the investor must specify the name of each part (lot) and the goods as per this template.

Form No. 01B (webform on the System)

SCOPE OF SUPPLY OF GOODS
(Applicable for unit price contracts)

The investor lists the detailed items of the goods required for supply. It is necessary to specify the goods list with the quantity, required types, and detailed descriptions and explanations (if necessary).

No.	Goods List	Unit	Quantity	Goods Description⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	Goods List	Unit	Quantity	Goods Description⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Earliest Delivery Date [write the number of days: starting from the effective date of the contract or from the date the investor requests delivery in the case of multiple deliveries]	Latest Delivery Date [write the number of days: starting from the effective date of the contract or from the date the investor requests delivery in the case of multiple deliveries]
1
2
…
	Contingency Costs		a%

Notes:
(1) Refer to the corresponding provisions in Chapter V.
(2) Applicable in the following cases:
- The investor requires the origin according to country groups or territories as specified in Clause 2, Article 44 of the Bidding Law. In this case, the contractor must offer goods that comply with the origin requirements or are of Vietnamese origin, even if the requested origin by the investor does not include Vietnam. Contractors offering goods without the required origin as per the Electronic Bidding Document or not of Vietnamese origin will be disqualified.
Examples of country groups or territories: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations (ASEAN), Organisation for Economic Co-operation and Development (OECD), Group of Twenty (G20), G8, G7...
- The investor decides to require the contractor to offer goods of domestic origin when the procurement package complies with the regulations at Point e, Clause 3, Article 10 of the Bidding Law. In this case, the contractor must offer goods of Vietnamese origin; contractors offering goods without Vietnamese origin will be disqualified.
If the investor does not require the origin, this section should be left blank. (3) The delivery date must meet the technical requirements specified in Chapter V.
In case the bidding package is divided into lots, the investor must specify the name of each lot and the goods as per this template.

Form No. 01C (webform on the System)

SCOPE OF SUPPLY OF GOODS
(Applicable to mixed contracts)

The investor details the list of goods required to be supplied, clearly stating the list of goods with quantities, required types, and detailed descriptions or explanations (if necessary).
I. List of Goods Applicable to Fixed-Price Contracts

No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery for multiple deliveries]	Latest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery for multiple deliveries]
1
2
…

II. List of Goods Applicable to Unit Price Contracts

No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Description of Goods⁽¹⁾	Origin Requirements (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery for multiple deliveries]	Latest Delivery Date [enter number of days: from the effective date of the contract or from the date the investor requests delivery for multiple deliveries]
1
2
…
	Contingency Costs		a%

Notes:
(1) Refer to the corresponding content specified in Chapter V.
(2) Applicable in the following cases:
- The investor requires the origin of goods according to the group of countries or territories as stipulated in Clause 2, Article 44 of the Bidding Law. In this case, the contractor must offer goods that meet the origin requirement or Vietnamese origin, even in cases where the origin group requested by the investor does not include Vietnam. A contractor offering goods without the required origin of Electronic Bidding Document or not of Vietnamese origin will be disqualified.
Examples of country or territory groups: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations (ASEAN), Organisation for Economic Co-operation and Development (OECD), groups of major economies G20, G8, G7...
- The investor decides to require the contractor to offer goods of domestic origin when the procurement package meets the requirements specified in Point e, Clause 3, Article 10 of the Bidding Law. In this case, the contractor must offer goods of Vietnamese origin; a contractor that offers goods without Vietnamese origin will be disqualified.
If the investor does not require the origin, this content should be left blank.
(3) The delivery date must comply with the technical requirements stipulated in Chapter V.
In the case of a subdivided package (lot), the investor must clearly state the name of each part (lot) and the goods as in this sample.

Template No. 01D (webform on the System)

RELATED SERVICES ⁽¹⁾

The investor lists the related services to be performed for the package according to the table below:

No.	Service Description	Tender Volume	Unit	Service Execution Location	Service Completion Date⁽²⁾
1	Enter service content 1
2	Enter service content 2
..
n	Enter service content n

Notes:
(1) In the case that the tender does not require related services, the Investor does not enter this form in the System.
(2) “Service Completion Date” must be reasonable and consistent with the “Delivery Date” in Form No. 01A, 01B, 01C.

Form No. 01E (webform in the System)

MATERIALS AND REPLACEMENT PARTS
(only applicable when the Investor has specific requirements for materials and replacement parts)

No.	Category	Unit	Volume
(1)	(2)	(3)	(4)

Notes:
The Investor fills in columns (1), (2), (3), (4) according to the requirements in Section 15.8 Electronic Competitive Dialogue and Negotiated Tendering and Section 4 Chapter III.

Form No. 02A (webform in the System)

TENDER APPLICATION⁽¹⁾
(belonging to E-HSDXKT)
(Applicable to contractors who are organizations)

Date:___ [Automatically extracted by the system]
Tender package name: ___ [System automatically extracted]
Dear: ___ [System automatically extracted]
After reviewing the Electronic Bidding Document, we:
Contractor name: ___ [System automatically extracted], Tax ID: ___ [System automatically extracted]commits to implementing the tender package ____ [System automatically extracted] E-TBMT number:___ [System automatically extracted] as required in the Electronic Bidding Document.
Validity of Electronic Pre-qualification application:____ [System automatically extracted]
Bid security:___[ state the value in numbers, words, and the currency of the bid security].
Validity of the Bid Security⁽²⁾:____ [state the validity period from the bid closing date]
We commit:
1. Not in the process of dissolution or having their business registration certificate, cooperative registration certificate, cooperative union registration certificate, or cooperative group registration revoked, not in a state of insolvency according to the law on bankruptcy (not in the process of terminating operations or having their business household registration certificate revoked in the case of a contractor as a business household);
2. Not violating regulations on ensuring competition in bidding;
3. Having fulfilled tax declaration obligations and paid taxes for the most recent financial year compared to the bid closing date;
4. Not currently under a ban from participating in bidding according to the law on bidding;
5. Not being criminally prosecuted (the head of the household is not under criminal prosecution in the case of the contractor being a business household);
6. Not engaging in acts of corruption, bribery, collusion, obstruction, and other violations of bidding regulations when participating in this tender;
7. Within 03 years before the bid closing date, the contractor has no personnel (contracted with the contractor at the time the personnel committed the violation) who have been convicted by the court for serious violations of bidding regulations as stipulated by the criminal law aimed at enabling that contractor to win the bid⁽³⁾;
8. The information declared in the Electronic Pre-qualification application is truthful;
9. In case of winning the bid, the Electronic Pre-qualification application and the supplementary documents, clarifying the Electronic Pre-qualification application shall form a binding agreement between the two parties until the contract is signed;
10. If our Electronic Pre-qualification application is accepted, we will implement the contract performance guarantee measures as stipulated in Section 40.1 Electronic Competitive Dialogue and Negotiated Tendering of the Electronic Bidding Document;
11. If we do not submit the original bid security as required by the Investor, the Bidder shall specify in Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering; in case the bid security value is less than 20 million VND, not submit cash, guaranteed check, bid guarantee letter, or insurance guarantee certificate as stipulated in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering, we will be named in the System and our account will be locked for 06 months from the date the Department of Bidding Management, Ministry of Planning and Investment receives the Investor's request.
Notes:
(1) The tender application is signed with the contractor's digital signature when the contractor submits the Electronic Pre-qualification application.
(2) In the case where the bid security value is less than 20 million VND, this content does not apply.
(3) Electronic Bidding Document does not require the contractor to submit the judicial record of personnel to prove the content of this assessment.

Form No. 02B (webform in the System)

TENDER APPLICATION⁽¹⁾
(belonging to Electronic Technical Proposal)
(Applicable for contractors who are individuals or groups of individuals producing innovative products)

Date:___ [System automatically extracted]
Tender package name: ___ [System automatically extracted]
To: ___ [System automatically extracted]
After studying the Electronic Bidding Document, we:
Contractor name: ___ [For individual contractors, the system automatically extracts the individual's name and tax ID; for group contractors, the system automatically extracts the names of members and their tax IDs according to Form No. 02C] commits to implementing the tender package ____ [System automatically extracted] E-TBMT number:___ [System automatically extracted] as required in the Electronic Bidding Document.
Validity of Electronic Pre-qualification application:____ [System automatically extracted]
Bid security:___[ state the value in numbers, in words, and the currency of the bid security].
Validity of the Bid Security⁽²⁾:____ [state the validity period from the bid closing date]
We commit:
1. Having full civil legal capacity;
2. Not violating regulations on ensuring competition in bidding;
3. Having fulfilled tax declaration obligations and paid taxes for the most recent financial year compared to the bid closing date;
4. Not currently under a ban from participating in bidding according to the law on bidding;
5. Not being criminally prosecuted;
6. Not engaging in acts of corruption, bribery, collusion, obstruction, or any other violations of bidding laws while participating in this tender;
7. Within the 03 years prior to the bid closing date, the members of the group of individuals have not been convicted by a court for violations of bidding regulations causing serious consequences as stipulated by criminal law aimed at enabling the individual (or group of individuals that include personnel who violated) to win the bid⁽³⁾;
8. The information declared in the Electronic Pre-qualification application is truthful;
9. In case of winning the bid, the Electronic Pre-qualification application and the supplementary documents, clarifying the Electronic Pre-qualification application create a binding agreement between the two parties until the contract is signed;
10. If our Electronic Pre-qualification application is accepted, we will implement the contract performance guarantee measures as stipulated in Section 40.1 Electronic Competitive Dialogue and Negotiated Tendering of the Electronic Bidding Document;
11. If we do not submit the original bid security as required by the Investor, the Bidder shall specify in Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering; in the case where the value of the bid security is less than 20 million VND, and cash, guaranteed checks, bid guarantee letters, or insurance guarantee certificates are not submitted as stipulated in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering, we will be named in the System and our account will be locked for 06 months from the date the Department of Bidding Management, Ministry of Planning and Investment receives the Investor's request.
Notes:
(1) The tender application is signed with the digital signature of the individual contractor (or a member assigned by the group of individuals according to the agreement) when the contractor submits the Electronic Pre-qualification application.
(2) In the case where the value of the bid security is less than 20 million VND, this content does not apply.
(3) Electronic Bidding Document does not require the contractor to submit the judicial record of personnel to prove the content of this assessment.

Form No. 02C (attached scan)

AGREEMENT DOCUMENT

(Applicable for groups of individuals producing innovative products)

Date:___ month___ year___
Based on the Electronic Bidding Document of the tender: ______ [state the name of the tender] with E-TBMT number:__ [gstate the bid invitation number of the tender]
We include:
First member:
Full name:
ID/Passport Number:                         Date of Issue:                    Place of Issue:
Tax Identification Number:
Address:
Phone:
Second member:
Full name:
ID/Passport Number:                         Date of Issue:                    Place of Issue:
Tax Identification Number:
Address:
Phone:
...
Member number:
Full name:
ID/Passport number:                         Date of issue:                    Place of issue:
Tax code:
Address:
Phone:
The parties (hereinafter referred to as members) agree to sign the agreement to establish a personal group with the following contents:
Article 1. General principles
1. The members voluntarily establish a personal group to participate in the bid for the package ____ [bid name of the package] belonging to ____[specify project name/purchase estimate] organized by ____[specify name of the Investor] .
2. The members commit that no member may participate independently or join with other individuals to participate in this bid. In the event of winning the bid, the members will sign the contract together, and no member has the right to refuse to perform the responsibilities and obligations specified in the contract. If a member of the group refuses to fulfill their responsibilities and obligations, that member will be handled as follows:
- Compensate for damages to the parties in the group;
- Compensate for damages to the Investor as specified in the contract;
- Other forms of handling ____ [specify other forms of handling].
Article 2. Assignment of responsibilities
The members agree to assign responsibilities to implement the package ____ [bid name of the package] belonging to ____[specify project name/purchase estimate] as follows:
Assign ____ [specify individual name] as the lead member of the group, representing the group in the following tasks:
- Use the account and personal digital certificate to submit the Electronic Pre-qualification application for the whole group.
[- Sign documents for transactions with the Investor and the Bidding Party during the bidding process, explanation documents, clarifications of the Electronic Pre-qualification application, or requests to withdraw the Electronic Pre-qualification application;
- Perform the bid security for the whole group;
- Participate in the process of document verification, negotiation, and finalization of the contract;
- Sign petitions in case the contractor has a complaint;
- Other tasks except for signing the contract ____ [specify other tasks (if any)].
Article 3. Effectiveness of the agreement
          1. The agreement takes effect from the date of signing.
          2. The agreement terminates in the following cases:
          - The parties have completed their responsibilities and obligations and proceed to liquidate the contract;
          - The parties mutually agree to terminate;
          - The personal group does not win the bid;
          - The bidding package ____ [specify the name of the package] under ____ [specify the name of the project/purchase estimate] according to the notice from the Investor and the Bidding Party.
          The agreement is made with the consent of all members.

LEAD MEMBER OF THE PERSONAL GROUP [signature, specify full name]
MEMBERS OF THE PERSONAL GROUP [signature, specify full name]

Form number 03 (Webform on the System)

JOINT VENTURE AGREEMENT⁽¹⁾

Date:___ [System auto-extracted]
Bid package:     [System auto-extracted ]
Belonging to project/purchase estimate: ____ [System auto-extracted]
Based on⁽²⁾     [System auto-extracted]
Based on⁽²⁾      [System auto-extracted]
Based on Electronic Bidding Document Bid Package: ______ System auto-extracted] with number E-TBMT:__ [System auto-extracted]
We, representing the parties signing the joint venture agreement, include:
Name of the first joint member____ [System auto-extracted]
Tax code: ___ [System auto-extracted];
Represented by:
Position:
Address:
Phone:
Second joint member's name:____ [System auto-extracted]
Tax code: ___ [System auto-extracted];
Represented by:
Position:
Address:
Phone:
...
Tên thành viên liên danh thứ n:____ [Hệ thống tự động trích xuất]
Mã số thuế: ___ [Hệ thống tự động trích xuất];
Đại diện là ông/bà:
Chức vụ:
Địa chỉ:
Điện thoại:

Các bên (sau đây gọi là thành viên) thống nhất ký kết thỏa thuận liên danh với các nội dung sau:
Điều 1. Nguyên tắc chung
1. Các thành viên tự nguyện hình thành liên danh để tham dự thầu gói thầu___ [Hệ thống tự động trích xuất] thuộc dự án/dự toán mua sắm ___ [Hệ thống tự động trích xuất].
2. Các thành viên thống nhất tên gọi của liên danh cho mọi giao dịch liên quan đến gói thầu này là: ____ [Ghi tên của liên danh].
3. Các thành viên cam kết không thành viên nào được tự ý tham gia độc lập hoặc liên danh với nhà thầu khác để tham gia gói thầu này. Trường hợp trúng thầu, không thành viên nào có quyền từ chối thực hiện các trách nhiệm và nghĩa vụ đã quy định trong hợp đồng. Trường hợp thành viên của liên danh từ chối hoàn thành trách nhiệm riêng của mình như đã thỏa thuận thì thành viên đó bị xử lý như sau:
- Bồi thường thiệt hại cho các bên trong liên danh;
- Bồi thường thiệt hại cho Chủ đầu tư theo quy định nêu trong hợp đồng;
- Other handling methods ____ [specify other handling methods].
Article 2. Assignment of Responsibilities
The members agree to assign responsibilities for implementing the bidding package ____ [System auto-extracted] under the project/purchase estimate ____ [System auto-extracted] for each member as follows:
1. Lead member of the consortium:
The parties agree to assign ____ [System auto-extracted consortium member] as the lead member of the consortium, representing the consortium in the following tasks⁽³⁾:
- Use accounts and digital certificates to submit Electronic Pre-qualification application for the entire consortium.
[- Sign documents to transact with the Investor, the Inviting Party during the bidding process, explanatory documents, clarifications of Electronic Pre-qualification application, or documents requesting withdrawal of Electronic Pre-qualification application;
- Ensure the bid security for the entire consortium;
- Participate in the document verification process, negotiate (if any), finalize the contract;
- Sign the petition in case the contractor has a petition;
- Other tasks except for signing the contract ____ [specify the content of other tasks (if any)].
2. Members of the consortium agree to assign responsibilities for performing tasks as per the table below ⁽⁴⁾:

No.	Names of members in the consortium	Tasks undertaken	Percentage of value undertaken compared to total bid value
1	Name of the lead member of the consortium (System auto-extracted)	- ___ - ___	- ___% - ___%
2	Name of the 2nd member	- ___ - ___	- ___% - ___%
....	....	....	......
Total		Total work of the bidding package	100%

Article 3. Validity of the Joint Venture Agreement
1. The joint venture agreement takes effect from the date of signing.
2. The joint venture agreement terminates in the following cases:
- The parties fulfill their responsibilities and obligations and proceed with contract liquidation;
- The parties mutually agree to terminate;
- The joint venture contractor does not win the bid;
- The bid for package ____ [Automated extraction system] under the project/budget procurement ____ [Automated extraction system] according to the notice from the Investor, the Bidder.
The joint venture agreement is established with the approval of all members.

LEGAL REPRESENTATIVE OF THE LEAD MEMBER OF THE JOINT VENTURE
[confirmation, digital signature]

LEGAL REPRESENTATIVE OF THE JOINT VENTURE MEMBER
[confirmation, digital signature]

Note:

(1) In the event that the bid package is divided into several independent parts, the joint venture agreement must specify the names and codes of the parts that the joint venture contractor bids for, clearly stating the shared responsibilities and individual responsibilities of each joint venture member for the bidding parts.
(2) The system automatically updates legal documents according to current regulations.
(3) The assignment of responsibilities includes one or more tasks as stated.
(4) The contractor must specify the specific tasks and estimated corresponding values that each member of the joint venture will perform, including the lead member's shared and individual responsibilities. The division of work in the joint venture must be based on the items specified in the bidding price table according to Template No. 12.1 (12.1A or 12.1B or 12.1C) or Template No. 12.2 (12.2A or 12.2B or 12.2C), Template No. 13 (13A or 13B) Chapter IV or according to the tasks within the process of producing items in the bidding price table, without dividing tasks that are not part of these items or not part of the production process of these items.

Template No. 04A (Attached scan)

BID BOND⁽¹⁾
(Applicable to independent contractors)

Beneficiary (The party receiving the guarantee): ___ [write the name and address of the Investor specified in Section 1.1 Electronic Bidding Document List or the name of the Bidder specified in Section 5.1 Electronic Bidding Document List]
Date of guarantee issuance: ___ [write the date of issuance of the guarantee]
BID BOND No.: ___ [write the summary number of the Bid Bond]
Guarantor: ___ [write the name and address of the issuing entity, if this information has not been stated in the heading on the printed paper]
We are informed that the guaranteed party is_____ [insert contractor's name] (hereinafter referred to as “Contractor”) will participate in the bidding for the package_____ [insert package name] under the project/budget procurement____ [insert project/budget name] according to the Invitation to Bid/E-TBMT No.____ [insert summary number of the Invitation to Bid/E-TBMT].
We commit to the Beneficiary that we guarantee the Contractor with an amount of____ [specify the value in numbers, words, and the currency used].
This guarantee is valid for___ ⁽²⁾ days, starting from____ month___ year___⁽³⁾.
At the request of the Contractor, we, as the Guarantor, commit⁽⁴⁾ to pay the Beneficiary an amount of____ [specify the value in numbers, words, and the currency used] upon receiving written notification from the Beneficiary regarding the Contractor's violations in the following cases:
1. After the bid closing time and during the validity period of the Electronic Pre-qualification application, the contractor has submitted a document to withdraw the Electronic Pre-qualification application or refuses to perform one or more tasks proposed in the Electronic Pre-qualification application as required by the Electronic Bidding Document;
2. The contractor violates the provisions of Article 16 of the Bidding Law or breaches the bidding laws leading to the annulment of the bid as stipulated in point d and point dd of clause 1 Article 17 of the Bidding Law;
3. The contractor fails to implement the contract performance guarantee as stipulated in Article 68 of the Bidding Law;
4. The contractor does not proceed with or refuses to reconcile documents within 05 working days from the date of receiving the notice to reconcile documents or has reconciled documents but refuses to sign the reconciliation minutes, except in cases of force majeure;
5. The contractor does not proceed with or refuses to negotiate the contract (if any) within 05 working days from the date of receiving the notice to negotiate the contract or has negotiated the contract but refuses to sign the minutes of negotiation, except in cases of force majeure;
6. The contractor does not proceed with or refuses to complete the contract, framework agreement within 10 days from the date of receiving the winning bid notice from the bidder, except in cases of force majeure;
7. The contractor does not proceed with or refuses to sign the contract, framework agreement within 10 days from the date of completing the contract, framework agreement except in cases of force majeure.
In the event the contractor wins the bid, this guarantee will become invalid immediately after the contractor signs the contract and submits the contract performance guarantee to the Beneficiary according to the agreement in that contract.
In the event the contractor does not win the bid, this guarantee will become invalid immediately after we receive a copy of the notification of the bid result or within 30 days from the expiration date of the Electronic Pre-qualification application, whichever comes first.
Any compensation request under this guarantee must be sent to our office before or on the last day of this guarantee's validity.

Legal representative of the bank
[insert name, title, signature, and stamp]

Note:
(1) In case the bid guarantee violates any of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 Electronic Bidding Document List, incorrect name of the beneficiary entity, not being an original, lacking valid signatures, signed before the Investor issues the Electronic Bidding Document, or including conditions unfavorable to the Investor or the Bidder then the bid guarantee is considered invalid. This bid guarantee is irrevocable. In cases necessary for large-scale bids, to ensure the rights of the Investor and the Bidder in confiscating the bid guarantee value when the contractor violates the provisions stated in the bid guarantee, the Investor or the Bidder may require the contractor to provide documents to prove that the bid guarantee submitted in the Electronic Pre-qualification application is an irrevocable bid guarantee.
(2) Enter according to the provisions on the validity period in Section 18.2 Electronic Bidding Document List.
(3) Enter the date of the bid closing period as stipulated in Section 19.1 Electronic Competitive Dialogue and Negotiated Tendering. The validity period of the bid guarantee is calculated from the bid closing date to the last day of validity of the bid guarantee (the expiration of the bid guarantee occurs within the last day of the bid guarantee's validity without needing to last until the end of 24 hours of that day).
(4) In case the bid guarantee lacks one or some commitments in the commitments stated above, it is considered a condition unfavorable to the Investor or the Bidder as stipulated in Section 18.3 Electronic Competitive Dialogue and Negotiated Tendering and the guarantee letter is considered invalid.

Sample No. 04B (Attached scan)

BID GUARANTEE⁽¹⁾
(applicable to joint venture contractors)

Beneficiary (the party receiving the guarantee):___ [insert the name and address of the Investor as specified in Section 1.1 Electronic Bidding Document List or the name of the Bidder as specified in Section 5.1(c) Electronic Bidding Document List]
Date of guarantee issuance:___ [insert the date of guarantee issuance]
BID GUARANTEE No:___ [insert the reference number of the bid guarantee]
Guarantor:___[insert name and address of the issuing party, if this information has not already been provided in the title section on the printed document]
We have been informed that the party being guaranteed is____ [insert contractor's name]⁽²⁾ (hereinafter referred to as the “Contractor”) will participate in the bidding for the execution of the package____ [insert package name] belonging to the project/estimated procurement____ [insert project/estimated procurement name] according to the Invitation to Bid/E-TBMT No____ [insert reference number of the Invitation to Bid/E-TBMT].
We commit to the Beneficiary that we guarantee the Contractor’s participation in this bid for the amount of ____ [specify the value in numbers, in words, and the currency used].
This guarantee is valid for___⁽³⁾ days, starting from the date____month___ year___⁽⁴⁾.
At the request of the Contractor, we, as the Guarantor, commit⁽⁵⁾ to pay the Beneficiary an amount of___ [specify the value in numbers, in words, and the currency used] upon receiving written notification from the Beneficiary regarding the Contractor's violations in the following cases:
1. After the bidding deadline and during the validity period of the Electronic Pre-qualification application, the contractor has a written withdrawal of the Electronic Pre-qualification application or refuses to perform one or more tasks proposed in the Electronic Pre-qualification application as required by the Electronic Bidding Document;
2. The contractor violates the provisions of Article 16 of the Bidding Law or violates bidding laws leading to the cancellation of the bid as stipulated in points d and e of Clause 1, Article 17 of the Bidding Law;
3. The contractor does not implement the contract performance assurance measures as stipulated in Article 68 of the Bidding Law;
4. The contractor does not proceed with or refuses to reconcile documents within 05 working days from the date of receiving the invitation to reconcile documents or has reconciled documents but refuses to sign the reconciliation minutes, except in cases of force majeure;
5. The contractor does not proceed with or refuses to negotiate the contract (if any) within 05 working days from the date of receiving the invitation to negotiate the contract or has negotiated the contract but refuses to sign the negotiation minutes, except in cases of force majeure;
6. The contractor does not proceed with or refuses to finalize the contract, framework agreement within 10 days from the date of receiving the notice of winning the bid from the inviter, except in cases of force majeure;
7. The contractor does not proceed with or refuses to sign the contract, framework agreement within 10 days from the date of finalizing the contract, framework agreement except in cases of force majeure;
8. If any member of the joint venture ____ [insert full name of the joint venture contractor]violates the provisions of the law leading to the non-refund of the bid security according to the provisions of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, then the bid security of all members in the joint venture will not be refunded.
In the event that the contractor wins the bid, this guarantee will become invalid immediately after the contractor signs the contract and submits the performance guarantee to the Beneficiary as per the agreement in that contract.
In the event that the contractor does not win the bid, this guarantee will become invalid immediately after we receive a copy of the document notifying the results of the contractor selection or within 30 days from the expiration of the validity of the Electronic Pre-qualification application, whichever comes first.
Any claim for compensation under this guarantee must be submitted to our office before or on the last day of the validity of this guarantee.

Legal representative of the bank
[insert name, title, signature, and stamp]

Notes:
(1) In the event that the bid guarantee violates one of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 Electronic Bidding Document List, not correctly naming the beneficiary entity, not being the original document, lacking valid signatures, signing before the Investor issues the Electronic Bidding Document, or being accompanied by conditions that disadvantage the Investor, the Inviting Party, the bid guarantee shall be considered invalid. This bid guarantee is an irrevocable bid guarantee. In necessary cases for large-scale bids, to ensure the rights of the Investor and the Inviting Party in seizing the bid security value when the contractor violates the regulations stated in the Bid Guarantee, the Investor, the Inviting Party may require the contractor to provide documents to prove that the bid guarantee submitted in the Electronic Pre-qualification application is an irrevocable bid guarantee.
(2) The contractor's name may be one of the following cases:
- The name of all joint venture contractors, for example, if joint venture contractor A + B bids, then the contractor's name is recorded as “Joint Venture Contractor A + B”;
- The name of the member responsible for providing the bid guarantee for the entire joint venture or for another member in the joint venture. For example, if joint venture A + B + C bids, and the agreement designates contractor A to provide the bid security for the entire joint venture, the contractor's name is recorded as “Contractor A (on behalf of joint venture A + B + C)”, whereas if the agreement assigns contractor B to provide the bid security for contractors B and C, the contractor's name is recorded as “Contractor B (on behalf of contractors B and C)”;
- The name of the joint venture member who separately provides the bid guarantee.
(3) Record according to the regulations on the validity period in Section 18.2 Electronic Bidding Document List.
(4) Record the date of the bidding deadline according to the provisions in Section 19.1 Electronic Competitive Dialogue and Negotiated Tendering. The validity period of the bid guarantee is calculated from the date of the bidding deadline to the last day of validity of the bid guarantee (the end of the bid guarantee's validity falls within the last day of its validity without requiring until the end of 24 hours of that day).
(5) In the case where the bid guarantee lacks one or more commitments in the aforementioned commitments, it shall be considered a condition that disadvantages the Investor, the Inviting Party according to the provisions in Section 18.3 Electronic Competitive Dialogue and Negotiated Tendering, and the guarantee letter shall be deemed invalid.

Form No. 05A (webform on the System)

CONTRACT FOR SIMILAR WORK TO BE PERFORMED BY THE CONTRACTOR ⁽¹⁾
(applies to commercial contractors)

Contractor's name: _____[insert full name of the contractor].

Information about each contract, each contract must ensure the following information:

Name and number of the contract	[insert full name of the contract, designation number]
Date of contract signing	[insert date, month, year]
Completion date	[insert date, month, year]
Contract Price⁽³⁾	[insert total contract price in figures and currency signed]		Equivalent ____ VND
In the case of being a joint venture member, summarize the part of the work undertaken in the joint venture and the value of the part of the contract that the contractor undertakes	[insert summary of the work undertaken in the joint venture]	[insert percentage of the value of the part of the contract undertaken in the total contract value; amount and currency signed]	Equivalent ___ VND
Project/Procurement Plan Name:	[insert full name of the project/procurement plan with the contract being declared]
Investor's Name:	[insert full name of the investor in the contract being declared]
Address: Phone/Fax: E-mail:	[insert full current address of the investor] [insert phone number, fax number including country code, area code] [insert e-mail address]
Description of similar characteristics according to the provisions in Section 2.1 Chapter III ⁽²⁾
1. Type of goods	[insert information in the contract]
2. Regarding the value of the executed contract⁽³⁾	[insert actual value of the executed contract based on the accepted value, contract liquidation]
3. Regarding the scale of implementation	[insert information in the contract]
4. Other characteristics	[insert any other information (if any)]

Note:
The contractor must thoroughly study the Electronic Bidding Document and propose similar contracts to ensure compliance with the requirements of the Electronic Bidding Document.
(1) In the case of a joint venture, each member in the joint venture must declare according to this template. If a contractor has multiple similar contracts, each contract must be declared using this template.
(2) The contractor only declares content similar to the requirements of the bidding package.
(3) If the contract value is not calculated in VND, it must be converted to VND according to the exchange rate stipulated in Section 2.1 Chapter III for evaluation purposes.

Template No. 05B (webform on the System)

DECLARATION OF PRODUCTION CAPACITY OF GOODS
(applicable to contractors who are manufacturers)

Contractor's name: _____ [insert full name of the contractor].

Number of factories, production facilities (collectively referred to as factories): ____ [Fill in the number of factories]
For each factory, the contractor must declare the following information:

Factory Name:	[Insert factory name]
Address:	[Insert factory address]
Total Investment:	[Insert total investment]
Design Capacity:	[Insert design capacity]
Actual Capacity:	[Insert actual capacity for the most recent year]
Production Standards:	[Insert applicable production standards, if any]
Number of Employees:	[Insert total number of employees working at the factory]

Note:
In the case of a joint venture, each member in the joint venture must declare according to this template.

Template No. 06A (webform on the System)

TABLE FOR KEY PERSONNEL PROPOSAL

The contractor must declare key personnel as specified in point a of Section 2.2, Chapter III, and must demonstrate the ability to mobilize these key personnel to participate in the execution of the bidding package. Key personnel may be on the contractor's payroll or mobilized by the contractor. If the key personnel declared in the Electronic Pre-qualification application do not meet the requirements or cannot prove their ability to be mobilized (including cases where key personnel have been mobilized for another contract that overlaps with the timeline for this bidding package), the contracting authority allows the contractor to supplement or replace them. The contractor is only allowed to supplement or replace each key personnel position once within a reasonable period of not less than 03 working days. If the contractor does not have suitable replacements that meet the requirements of the Electronic Bidding Document, the contractor will be disqualified. In any case, if the contractor declares dishonest key personnel, the contractor will not be allowed to replace other personnel, the Electronic Pre-qualification application of the contractor will be disqualified, and the contractor will be considered fraudulent according to Clause 4, Article 16 of the Bidding Law and will be penalized as per Point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.

No.	Full Name	Job Position
1	[The contractor selects key personnel from their database in the System]	[insert specific job position for the bidding package]
2
…

Template No. 06B (Webform on the System)

CV TABLE OF KEY PERSONNEL

Personnel Information

Current Job

No.

Name

ID Card/Passport

Position

Date of Birth

Certification/Professional Qualification

Employer's Name

Employer's Address

Position

Years of Service with Current Employer

Contact Person (Department Head / HR Officer)

Phone/Fax/Email

[insert key personnel name 1]

[insert name of key personnel 2]

…

[insert name of key personnel n]

The contractor must provide all required information and prepare documents for verification (certified copies of relevant degrees and certificates) during the document verification process.

Form No. 06C (Webform on the System)

TABLE OF PROFESSIONAL EXPERIENCE
No.	Name of Key Personnel	From Date	To Date	Company/Project/Position/Contract/ Relevant Professional and Management Experience
1	[insert name of key personnel 1]	…	…	…


2


…	…

The contractor must prepare documentation to prove the declared contents for verification during the document verification process.

Form No. 07 (webform on the System)

CONTRACT FOR SUPPLYING GOODS, EPC, EP, PC, TURNKEY UNCOMPLETED DUE TO THE FAULT OF
THE CONTRACTOR IN THE PAST⁽¹⁾

Contractor name: ________________
Date: ______________________
Name of consortium member (if any):_________________________

Contracts for supplying goods, EPC, EP, PC, turnkey that are incomplete due to the fault of the contractor in the past according to the provisions of Section 2.1 Chapter III
¨ No contracts for supplying goods, EPC, EP, PC, turnkey that are incomplete due to the fault of the contractor since January 1, __ [insert year] according to the evaluation criterion 1 in the Standard Assessment Table on capacity and experience in Section 2.1 Chapter III. ¨ There are contracts for supplying goods, EPC, EP, PC, turnkey that are incomplete due to the fault of the contractor from January 1, ___ [insert year] according to the evaluation criterion 1 in the Standard Assessment Table on capacity and experience in Section 2.1 Chapter III.
Year	Incomplete contract portion	Contract description	Total contract value (value, currency type, exchange rate, equivalent value in VND)
		Contract description: __________________ Investor name: ___________________ Address: _________________________ Reason for incomplete contract: ________________________

Note:
(1) The contractor must accurately and truthfully declare contracts for the supply of goods, EPC, EP, PC, turnkey that are incomplete due to the contractor's fault in the past; if the Investor or the Inviting Party discovers that the contractor has contracts for the supply of goods, EPC, EP, PC, turnkey that are incomplete due to the contractor's fault in the past and did not declare them, the contractor will be considered to have acted fraudulently, and the contractor's Electronic Pre-qualification application will be disqualified. In the case of a joint venture contractor, each member of the joint venture must declare according to this Form.

Form No. 08 (webform on the System)

FINANCIAL SITUATION OF THE CONTRACTOR⁽¹⁾

Contractor name: ________________
Date: ______________________
Name of consortium member (if any):________________________

	The contractor's financial year from ___ month ___ to ___ month ____ (the contractor fills in this content)
	Financial data for the most recent years as required by Electronic Bidding Document (The system automatically extracts based on the contractor's financial year)
	Year 1:	Year 2:	Year 3:
Total assets
Total liabilities
Net asset value
Annual revenue (excluding VAT)
Average annual revenue (excluding VAT) ⁽²⁾	(Automatically calculated by the system)
Profit before tax
Profit after tax

Note:
(1) In the case of a joint venture contractor, each member of the joint venture must declare according to this Form.

(2) To determine the average annual revenue (excluding VAT), the contractor divides the total revenue of the years (excluding VAT) by the number of years based on the information provided.
Annual revenue is calculated as the total revenue in the financial report for that year (excluding VAT).
Average annual revenue (excluding VAT) = total revenue for each year (excluding VAT) as required by Electronic Bidding Document / number of years.
In the case of a newly established contractor that does not have the required number of years according to Electronic Bidding Document, the average annual revenue (excluding VAT) will be calculated based on the number of years for which the contractor has financial data.
Annual revenue (excluding VAT) is extracted from the contractor's capacity profile. In case the contractor finds that the annual revenue (excluding VAT) in the contractor's capacity profile has not been updated by the System from the Electronic Tax System and the National Business Registration Information System, the contractor must update the information regarding annual revenue (excluding VAT) in the capacity profile to participate in the bidding, ensuring that it is consistent with the data the contractor has declared in the Electronic Tax System at the time of bid closing. In this case, the contractor must prepare documents to verify the information declared by the contractor during the document verification process, contract negotiation (if any) as follows:
Copies of financial reports (including balance sheets with all relevant notes and income statements) for the years mentioned above, complying with the following conditions:
1. Reflect the financial situation of the contractor or members of the joint venture (if a joint venture contractor) without reflecting the financial situation of an associated entity such as a parent company with a subsidiary or a company associated with the contractor or members of the joint venture.
2. The financial reports must be complete and contain all required information.
3. The financial reports must correspond to completed accounting periods, accompanied by certified copies of one of the following documents:
- Tax audit minutes;
- Self-assessment tax declaration (value-added tax and corporate income tax) with confirmation from the tax authority regarding the submission date;
- Documents proving that the contractor has submitted electronic tax declarations;
- Confirmation letter from the tax authority (confirming the total payment for the year) regarding the fulfillment of tax obligations;
- Audit report (if any);
- Other documents.
The documents above must match the data the contractor has declared in the Electronic Tax System at the time of bid closing.

Form No. 09A (webform on the System)

SCOPE OF WORK USING SUBCONTRACTORS⁽¹⁾
(applies only to related services)

No.	Subcontractor Name⁽²⁾	Scope of Work⁽³⁾	Volume of Work⁽⁴⁾	Estimated % Value estimated⁽⁵⁾	Contract or agreement document with the subcontractor⁽⁶⁾
1
2
3
4
…

Note:
(1) In the case of using subcontractors to perform related services, it must be declared using this template.
(2) The contractor must specify the name of the subcontractor. If the identity of the subcontractor is not determined at the time of bidding, this column should not be filled, but only the "Scope of Work" column should be filled. If the contractor wins the bid, using the subcontractor for the declared work must be approved by the Investor.
(3) The contractor must specify the specific work items designated for the subcontractor.
(4) The contractor must specify the volume of work designated for the subcontractor.
(5) The contractor must specify the percentage value of the work undertaken by the subcontractor compared to the bidding price.
(6) The contractor must specify the contract number or agreement document and attach scanned copies of these documents in the Electronic Pre-qualification application.

Form No. 09B (webform on the System)

LIST OF SUBSIDIARIES AND AFFILIATES

ASSUMPTION OF WORK PORTION OF THE CONTRACT PACKAGE⁽¹⁾

No.	Name of subsidiary or affiliate⁽²⁾	Work undertaken in the contract package⁽³⁾	Percentage value compared to bidding price⁽⁴⁾	Note
1
2
…

Note:
(1) In the case where the contractor participating in the bid is the parent company (e.g., a corporation) mobilizing its subsidiaries or affiliates to perform part of the work of the contract package, it must be specifically declared in this table. The evaluation of the contractor's experience is based on the value and volume undertaken by the parent company, subsidiaries, and affiliates in the contract package. If the contractor participating in the bid is not the parent company, this template does not apply.
(2) Specify the name of the subsidiary or affiliate.
(3) Specify the portion of work undertaken by the subsidiary or affiliate.
(4) Specify the percentage value of the work undertaken by the subsidiary or affiliate compared to the bidding price.

Form No. 10A (webform on the System)

SUPPLY SCHEDULE⁽*⁾

The contractor proposes a supply schedule that complies with the requirements of the Investor

No.	List of Goods	Unit	Quantity	Project Location	Delivery Date		Proposed Delivery Date by the Contractor [insert number of days: from the effective date of the contract or from the date the investor requests delivery in the case of multiple deliveries]
No.	List of Goods	Unit	Quantity	Project Location	Earliest Delivery Date [insert number of days: from the effective date of the contract or from the date the investor requests delivery in the case of multiple deliveries]	Latest Delivery Date [insert number of days: from the effective date of the contract or from the date the investor requests delivery in the case of multiple deliveries]
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
3
…

Notes:
Columns (1) (2) (3) (4) (5) (6) (7): The system extracts automatically. For centralized procurement applying contractor selection based on capacity, column (4) will be filled in by the contractor.
Column (8): The contractor fills in
⁽*⁾ Goods must be delivered within the specified time in the Electronic Bidding Document. If the contractor proposes a delivery time earlier than the earliest delivery date, it will not be given priority and will not be disqualified, except in cases where technical requirements stipulate otherwise. If the contractor proposes a delivery time later than this period, the contractor's Electronic Pre-qualification application will be disqualified.

Form No. 10B (webform on the System)

PROPOSAL REGARDING THE CONTRACTOR'S GOODS

No.	Product Category	Code	Brand	Year of Manufacture	Origin (Country, Region)	Manufacturer	Configuration, Basic Technical Features	Unit	Quantity	HS Code
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	First Goods
2	Second Goods
…
n	Item n

Notes:
- Column (2), (9), (10): The system automatically extracts. For centralized procurement, the contractor selection based on supply capacity applies, column (10) is filled in by the contractor.
- Columns (3), (4), (5), (6), (7), (8): The contractor fills in. If the contractor does not specify the codes, brands, origins, or manufacturers, their Electronic Pre-qualification application will not be considered or evaluated;
- Column (11): The system automatically extracts (if any). If this column is left blank and the contractor knows the HS code of the goods, the contractor will list it;
- The contractor's proposals in this template are extracted to Template 12.1 (12.1A or 12.1B or 12.1C) or 12.2 (12.2A or 12.2B or 12.2C).

Template No. 11.1 (webform on the System)

SUMMARY TABLE OF BID PRICES
(In case the Electronic Bidding Document requires bidding according to Template No. 12.1 of this Chapter)

I. Summary table of bid prices applicable to fixed-price contracts

No.	Content	Bid Price
1	Bid price of goods	(M) [Extracted from Template 12.1A]
2	Related services	(I) [Extracted from Template 13A]
	Total bid price (Transferred to the bidding unit)	*(M) + (I)* [Automatically calculated by the system]

II. Summary table of bid prices applicable to unit price contracts

No.	Content	Bid Price
1	Bid price of goods	(M) [Extracted from Template 12.1B]
2	Related services	(I) [Extracted from Template 13A]
3	Contingency costs	(C)=a% x ((M)+(I)) [Automatically calculated by the system]
	Total bid price (Transferred to the bidding unit)	*(M) + (I) + (C)* [Automatically calculated by the system]

III. Summary table of bid prices applicable to mixed contracts

No.	Content	Bid Price
I	Bid price for goods and related services under a lump-sum contract	*(G1)*
1.1	Price of goods	(M1) [Extracted from Template 12.1C]
1.2	Related services	(I1) [Extracted from Template 13B]
II	Bid price for goods and related services under a unit price contract	*(G2)*
2.1	Price of goods	(M2) [Extracted from Template 12.1C]
2.2	Related services	(I2) [Extracted from Template 13B]
2.3	Contingency costs	(C)=a% ((M2)+(I2))
	Total bid price (Transferred to the bidding unit)	*(G1) + (G2)* [Automatically calculated by the system]

Template No. 11.2 (webform on the System)

SUMMARY TABLE OF BID PRICES
(In case the Electronic Bidding Document requires bidding according to Template No. 12.2 of this Chapter)

I. Summary table of bid prices applicable to lump-sum contracts

No.	Content	Bid price
1	Domestic processed goods	(M1) [Extracted from Template 12.2A]
2	Foreign processed goods	(M2) [Extracted from Template 12.2A]
3	Related services	(I) [Extracted from Form 13A]
	Total bidding price (Carried forward to the bidding document)	*(M1) + (M2) + (I)* [System automatically calculates]

II. Summary table of bidding prices applicable to unit price contracts

STT	Content	Bid Price
1	Goods produced and processed domestically	(M1) [Extracted from Form 12.2B]
2	Goods produced and processed abroad	(M2) [Extracted from Form 12.2B]
3	Related services	(I) [Extracted from Form 13A]
4	Contingency costs	(C)=a% x ((M1)+(M2)+(I))
	Total bidding price (Carried forward to the bidding document)	*(M1) + (M2) + (I) + (C)* [System automatically calculates]

III. Summary table of bidding prices applicable to mixed contracts

STT	Content	Bid Price
I	Price of goods and related services applicable to fixed-price contracts	*G1=(M1)+(M2)+(I1)*
1.1	Goods produced and processed domestically	(M1) [Extracted from Form 12.2C]
1.2	Goods produced and processed abroad	(M2) [Extracted from Form 12.2C]
1.3	Related services	(I1) [Extracted from Form 13B]
II	Price of goods and related services applicable to unit price contracts	*G2=(X1)+(X2)+(I2)+(C)*
2.1	Goods produced and processed domestically	(X1) [Extracted from Form 12.2C]
2.2	Goods produced and processed abroad	(X2) [Extracted from Form 12.2C]
2.3	Related services	(I2) [Extracted from Form 13B]
2.4	Contingency costs	(C)=a%x((X1)+(X2)+(I2))
	Total bidding price (Carried forward to the bidding document)	*(G1) + (G2)* [System automatically calculates]

Form No. 12.1A (webform on the System)

BID PRICE TABLE OF GOODS
(applicable to fixed-price contracts)

No.

List of goods

Symbol

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Quantity

HS Code

Bid price
(including taxes, fees, charges (if any))

Total amount
including taxes, fees, charges (if any)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Goods number 1

….

Goods number n

Total bid price of goods, including taxes, fees, and charges (if any)

(M)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Automatically extracted by the system. For centralized procurement, the contractor selection is based on supply capability; column (10) is filled in by the contractor.
(12): Filled in by the contractor;
(13): Automatically calculated by the system. The total amount (M) includes taxes, fees, and charges (if any) and serves as the basis for comparing and ranking contractors.

Form No. 12.1B (webform on the System)

BID PRICE TABLE FOR GOODS
(applicable for unit price contracts)

No.

Goods Category

Code

Brand

Year of Manufacture

Origin (country, territory)

Manufacturer

Basic configuration, technical features

Unit of Measure

Weight

HS Code

Bid Unit Price
(including taxes, fees, and charges (if any))

Total Amount
including taxes, fees, and charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Item 1

….

Item n

The total bid price for goods includes taxes, fees, and charges (if any)

(M)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection applies based on supply capacity, column (10) is filled in by the contractor.
(12): Filled in by the contractor;
(13): The system auto-calculates. The amount (M) includes taxes, fees, and charges (if any) and is the basis for comparison and ranking of contractors.

Form No. 12.1C (webform on the System)

BID PRICE TABLE FOR GOODS
(applicable for mixed contracts)

I. Goods applicable for fixed-price contracts

No.

List of goods

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Basic configuration, technical specifications

Unit

Weight

HS Code

Bid unit price
(including taxes, fees, charges (if any))

Total amount
including taxes, fees, charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Item 1

….

Item n

The total bid price of the goods includes taxes, fees, and charges (if any)

(M1)

Notes:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the selection of contractors is based on their capacity to supply, and column (10) is filled out by the contractor.
(12): Filled in by the contractor;
(13): The system auto-calculates. The total amount (M1) includes taxes, fees, and charges (if any) and serves as the basis for comparison and ranking of contractors.

II. Goods applicable under unit price contracts

No.

Item Description

Code

Brand

Year of Manufacture

Origin(country, territory)

Manufacturer

Basic configuration and technical features

Unit

Weight

HS Code

Bid Unit Price
(including taxes, fees, and charges (if any))

Total Amount
including taxes, fees, and charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Item 1

….

Item n

Total bid price of goods, including taxes, fees, and charges (if any)

(M2)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection based on supply capability applies, and column (10) is filled in by the contractor.
(12): Filled in by the contractor;
(13): The system auto-calculates. The total amount (M2) includes taxes, fees, and charges (if any) and is the basis for comparing and ranking contractors.

Form No. 12.2A (webform on the System)

BID PRICE TABLE FOR GOODS
(applying a fixed-price contract)

I. Goods produced or processed in Vietnam

No.

List of goods

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Volume
[fill according to the scope of supply]

HS Code

EXW price

Price
EXW

Transportation, insurance, and other services costs (including VAT) to transport goods to the project site

Total amount excluding special consumption tax (if any), VAT

Special consumption tax (if any), VAT payable if the contractor is awarded the contract

Total amount including special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection applies based on the ability to supply, column (10) is filled out by the contractor.
(12), (14), (16): Filled out by the contractor;
(13), (15), (17): The system auto-calculates. The total amount (M^*) does not include special consumption tax (if any), VAT, and serves as the basis for comparing and ranking contractors. The value of special consumption tax (if any), VAT (column 16) will not be considered during the evaluation process for comparing and ranking contractors. The winning bid price and the contract price must include the value of special consumption tax (if any), VAT.

II. Goods produced, processed abroad that have been imported or will be imported into Vietnam

No.

List of goods

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Weight

HS Code

Price including taxes, fees, and charges related to import

Taxes, fees, and charges related to import for one unit of goods

Unit price excluding taxes and fees related to import

Price per item excluding taxes and fees related to import

Shipping costs, insurance, and other services (including VAT) in Vietnam to transport goods to the project location

Total amount excluding taxes, fees related to import, special consumption tax (if any), VAT

Taxes, fees related to import for each item

Special consumption tax (if any), VAT

Total amount including taxes, fees related to import, special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Tổng

(M^*)

(M2)

Ghi chú:
Cột (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Hệ thống tự trích xuất. Đối với mua sắm tập trung áp dụng lựa chọn nhà thầu theo khả năng cung cấp, cột (10) nhà thầu tự điền.
(12), (13), (16), (19): nhà thầu điền;
(14), (15), (17), (18), (20): Hệ thống tự tính; Thành tiền (M*) không bao gồm thuế, phí, lệ phí liên quan đến nhập khẩu, thuế tiêu thụ đặc biệt (nếu có), thuế VAT là cơ sở để so sánh, xếp hạng nhà thầu. Giá trị thuế, phí, lệ phí liên quan đến nhập khẩu (cột 18) và thuế tiêu thụ đặc biệt (nếu có), thuế VAT (cột 19) sẽ không được xem xét trong quá trình đánh giá để so sánh, xếp hạng nhà thầu. Giá đề nghị trúng thầu và giá hợp đồng phải bao gồm giá trị thuế, phí, lệ phí liên quan đến nhập khẩu, thuế tiêu thụ đặc biệt (nếu có), thuế VAT.

Mẫu số 12.2B (webform trên Hệ thống)

BẢNG GIÁ DỰ THẦU CỦA HÀNG HÓA
(áp dụng loại hợp đồng theo đơn giá)

I. Hàng hóa được sản xuất, gia công tại Việt Nam

STT

Danh mục hàng hóa

Ký mã hiệu

Nhãn hiệu

Năm sản xuất

Xuất xứ (quốc gia, vùng lãnh thổ)

Hãng sản xuất

Cấu hình, tính năng kỹ thuật cơ bản

Đơn vị tính

Khối lượng
[ghi theo phạm vi cung cấp]

Mã HS

Đơn giá EXW

Giá
EXW

Chi phí vận chuyển, bảo hiểm và các dịch vụ khác (đã bao gồm thuế VAT) để vận chuyển hàng hóa đến địa điểm dự án

Thành tiền không bao gồm thuế tiêu thụ đặc biệt (nếu có), thuế VAT

Thuế tiêu thụ đặc biệt (nếu có), thuế VAT phải nộp trong trường hợp nhà thầu được trao hợp đồng

Thành tiền đã bao gồm thuế tiêu thụ đặc biệt (nếu có), thuế VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Notes:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection applies according to the ability to supply; column (10) is filled in by the contractor.
(12), (14), (16): filled by the contractor;
(13), (15), (17): The system auto-calculates. Total amount (M^*) excludes special consumption tax (if any), VAT is the basis for comparing and ranking contractors. The value of special consumption tax (if any) and VAT (column 16) will not be considered in the evaluation process for comparing and ranking contractors. The winning bid price and the contract price must include the value of special consumption tax (if any) and VAT.

II. Goods produced or processed abroad that have been imported or will be imported into Vietnam

No.

Goods category

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical specifications

Unit of measurement

Khối lượng

Mã HS

Đơn giá bao gồm thuế, phí, lệ phí liên quan đến nhập khẩu

Thuế, phí, lệ phí liên quan đến nhập khẩu đối với một đơn vị hàng hóa

Đơn giá không bao gồm thuế, phí liên quan đến nhập khẩu

Giá từng hạng mục không bao gồm thuế, phí, lệ phí liên quan đến nhập khẩu

Chi phí vận chuyển, bảo hiểm và các dịch vụ khác (đã bao gồm thuế VAT) ở Việt Nam để vận chuyển hàng hóa đến địa điểm dự án

Thành tiền không bao gồm thuế, phí, lệ phí liên quan đến nhập khẩu, thuế tiêu thụ đặc biệt (nếu có), thuế VAT

Thuế, phí, lệ phí liên quan đến nhập khẩu đối với từng hạng mục

Thuế tiêu thụ đặc biệt (nếu có), thuế VAT

Thành tiền bao gồm thuế, phí, lệ phí liên quan đến nhập khẩu, thuế tiêu thụ đặc biệt (nếu có), thuế VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Tổng

(M^*)

(M2)

Note:
Column (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection applies based on supply capacity; column (10) is filled by the contractor.
(12), (13), (16), (19): filled by the contractor;
(14), (15), (17), (18), (20): The system auto-calculates; Total amount (M*) does not include taxes, fees, charges related to imports, special consumption tax (if any), VAT is the basis for comparison and ranking of contractors. The value of taxes, fees, charges related to imports (column 18) and special consumption tax (if any), VAT (column 19) will not be considered in the evaluation process for comparison and ranking of contractors. The bid price and contract price must include the value of taxes, fees, charges related to imports, special consumption tax (if any), VAT.

Form No. 12.2C (webform on the System)

BID PRICE TABLE FOR GOODS
(applies to mixed contract types)

I. Items applicable to lump-sum contracts
I.1. Goods produced or processed in Vietnam

No.

Item Description

Code

Brand

Year of Manufacture

Origin (country, territory)

Manufacturer

Specifications, Basic Technical Features

Unit

Weight
[record according to the scope of supply]

HS Code

EXW Unit Price

Price
EXW

Transportation, Insurance, and Other Services Costs (including VAT) for transporting goods to the project site

Total Amount excluding special consumption tax (if any), VAT

Special consumption tax (if any), VAT to be paid in case the contractor is awarded the contract

Total Amount including special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system auto-extracts. For centralized procurement, the contractor selection is based on supply capability, and column (10) is filled in by the contractor.
(12), (14), (16): Filled in by the contractor;
(13), (15), (17): The system auto-calculates. The total amount (M^*) does not include special consumption tax (if any) and VAT, which serves as the basis for comparing and ranking contractors. The value of special consumption tax (if any) and VAT (column 16) will not be considered in the evaluation process for comparing and ranking contractors. The bid price and contract price must include the value of special consumption tax (if any) and VAT.
I.2. Goods produced or processed abroad that have been imported or will be imported into Vietnam

No.

Goods Category

Code

Brand

Year of Manufacture

Origin (Country, Region)

Manufacturer

Configuration, Basic Technical Features

Unit

Quantity

HS Code

Unit Price Including Import Taxes and Fees

Taxes and Fees Related to Imports for One Unit of Goods

Unit Price Excluding Import Taxes and Fees

Price of Each Item Excluding Import Taxes and Fees

Transport, Insurance, and Other Services (Including VAT) in Vietnam to Deliver Goods to Project Location

Total Excluding Import Taxes and Fees, Special Consumption Tax (if any), VAT

Taxes and Fees Related to Imports for Each Item

Special Consumption Tax (if any), VAT

Total Including Import Taxes and Fees, Special Consumption Tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Total

(M^*)

(M2)

Note:
Columns (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement, the selection of contractors is based on their capacity to supply, column (10) is filled out by the contractor.
(12), (13), (16), (19): filled in by the contractor;
(14), (15), (17), (18), (20): The system automatically calculates; The total amount (M*) does not include taxes, fees, and charges related to imports, special consumption tax (if any), and VAT, which are the basis for comparison and ranking of contractors. The values of taxes, fees, and charges related to imports (column 18) and special consumption tax (if any), VAT (column 19) will not be considered during the evaluation for comparison and ranking of contractors. The proposed contract price must include the values of taxes, fees, and charges related to imports, special consumption tax (if any), and VAT.

II. Goods applicable to unit price contracts
II.1. Goods produced or processed in Vietnam

No.

Commodity Category

Code

Brand

Year of Manufacture

Origin (country, territory)

Manufacturer

Basic technical specifications

Unit

Volume
[fill according to supply scope]

HS Code

EXW Price

Price
EXW

Transportation, insurance, and other services (including VAT) to transport goods to the project site

Total Amount excluding special consumption tax (if any), VAT

Special consumption tax (if any), VAT payable in case the contractor is awarded the contract

Total Amount including special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(X^*)

(X1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system self-extracts. For centralized procurement, contractor selection is based on supply capacity, column (10) is filled by the contractor.
(12), (14), (16): Filled by the contractor;
(13), (15), (17): The system self-calculates. The total amount (X^*) does not include special consumption tax (if any), VAT is the basis for comparing and ranking contractors. The value of special consumption tax (if any) and VAT (column 16) will not be considered during the evaluation process for comparing and ranking contractors. The winning bid price and the contract price must include the value of special consumption tax (if any) and VAT.

II.2. Goods produced and processed abroad that have been imported or will be imported into Vietnam

No.

Category of goods

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit of measurement

Weight

HS Code

Unit price including taxes, fees related to imports

Taxes, fees related to imports for one unit of goods

Unit price excluding taxes, fees related to imports

Price for each item excluding taxes, fees related to imports

Shipping, insurance and other services (including VAT) in Vietnam to transport goods to the project location

Total excluding taxes, fees related to imports, special consumption tax (if any), VAT

Taxes, fees related to imports for each item

Special consumption tax (if any), VAT

Total including taxes, fees related to imports, special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Total

(X^*)

(X2)

Notes:
Columns (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement, contractor selection is based on capability, column (10) is filled in by the contractor.
(12), (13), (16), (19): filled in by the contractor;
(14), (15), (17), (18), (20): The system automatically calculates; The total amount (X*) does not include taxes, fees, and charges related to imports, excise tax (if any), VAT is the basis for comparison and ranking of contractors. The values for excise tax (if any), VAT (column 16) will not be considered during the evaluation for comparison and ranking of contractors. The winning bid price and contract price must include the value of excise tax (if any), VAT.

Form No. 13A (web form on the system)

BID PRICE TABLE FOR RELATED SERVICES
(applicable for fixed-price contracts and unit price contracts)

No.	Service Description	Volume of Bidding Invitation	Unit	Service Location	Completion Date	Bid Unit Price	Total Amount
No.	Service Description	Volume of Bidding Invitation	Unit	Service Location	Completion Date	Bid Unit Price
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8) = (3) x (7)
1
2
..
Tổng giá dự thầu cho các dịch vụ liên quan đã bao gồm thuế, phí, lệ phí (nếu có)							(I)

Ghi chú:
- Cột (1) đến (6): Hệ thống tự trích xuất. Đối với mua sắm tập trung áp dụng lựa chọn nhà thầu theo khả năng cung cấp, cột (3) nhà thầu tự điền.
- Cột (7): Nhà thầu chào (bao gồm tất cả các loại thuế, phí, lệ phí).
- Cột (8): Hệ thống tự tính.

Mẫu số 13B (webform trên Hệ thống)

BẢNG GIÁ DỰ THẦU CHO CÁC DỊCH VỤ LIÊN QUAN
(áp dụng cho loại hợp đồng hỗn hợp)

I. Dịch vụ liên quan theo loại hợp đồng trọn gói

STT	Mô tả dịch vụ	Khối lượng mời thầu	Unit	Service Location	Completion Date	Bid Unit Price	Total Amount
STT	Mô tả dịch vụ	Khối lượng mời thầu	Unit	Service Location	Completion Date	Bid Unit Price	(Column 3x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
..
Total bid price for related services including taxes, fees, and charges (if any)							(I1)

Notes:
- Columns (1) to (6): The system automatically extracts. For centralized procurement, contractor selection is based on supply capacity; column (3) is filled in by the contractor.
- Column (7): Contractor's bid (includes all types of taxes, fees, and charges).
- Column (8): The system calculates automatically.

II. Related services based on unit price contracts

No.	Description of Services	Quantity Invitation to Bid	Unit	Service Location	Service Completion Date	Bid Unit Price	Total Amount
No.	Description of Services	Quantity Invitation to Bid	Unit	Service Location	Service Completion Date	Bid Unit Price	(Column 3x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
..
Total bid price for related services includes taxes, fees, and charges (if any)							(I2)

Notes:
- Columns (1) to (6): System auto-extraction. For centralized procurement, contractor selection is based on supply capability, column (3) is filled out by the contractor.
- Column (7): Contractor’s bid (includes all types of taxes, fees, and charges).
- Column (8): System auto-calculation.

Form No. 14A (webform in the System)

TABLE OF MATERIALS AND REPLACEMENT PARTS
(applicable in cases where the contractor is required to self-propose)

No.	Category	Unit	Quantity	Code, brand, manufacturer, origin	Supplier	Unit Price	Total (including tax) (column 4x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)


Total (Do not carry forward the values from this table to the summary bid price table)

Notes:
- The contractor fills in columns (1) to (8). The contractor must propose and quote for the materials and spare parts according to the guidelines in Section 15.8 Electronic Competitive Dialogue and Negotiated Tendering and Section 4 Chapter III. For centralized procurement, the contractor selection is based on the ability to supply, and the contractor fills in column (4) themselves.
- The total cost of the materials and spare parts mentioned above will be added to the contractor's bid price for the purpose of comparing Electronic Pre-qualification application, ranking contractors, and providing a basis for the investor's procurement during contract execution. The contractor is responsible for supplying the materials and spare parts as committed at a price not exceeding the proposed price in this table during the execution of the contract.

Form No. 14B (webform on the System)

PRICE LIST OF MATERIALS AND SPARE PARTS
(applied when the investor requests)

No.	Category	Unit	Quantity	Code, brand, manufacturer, origin	Supplier	Unit Price	Total Price (including tax) (column 4x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)


Total (Do not transfer values from this table to the summary of bid prices)

Notes:
- Columns (1) (2) (3) (4): The system auto-extracts. For centralized procurement that applies contractor selection based on supply capability, column (4) is filled in by the contractor themselves.
- The contractor fills in columns (5), (6), (7), and (8).
- The total cost of the materials and spare parts mentioned above will be added to the contractor's bid price for the purpose of comparing Electronic Pre-qualification application, ranking contractors, and providing a basis for the investor's procurement during contract execution. The contractor is responsible for supplying the materials and spare parts as committed at a price not exceeding the proposed price in this table during the execution of the contract.

Form No. 15A (webform on the System)

LIST OF COMMODITIES ELIGIBLE FOR PREFERENTIAL TREATMENT⁽¹⁾

The contractor is only eligible for preferential treatment for items that the contractor declares in the table below. If the contractor does not check the box, they will not receive preferential treatment for this item.

No.	Name of goods	Origin [specify country, territory, code, brand, manufacturer]	Goods with domestic production costs of 30% or more		Goods from a production facility with at least 50% of labor being people with disabilities, war veterans, or ethnic minorities with labor contracts lasting 3 months or more and still valid at the time of bid closing	Goods that are innovative products as defined in Clause 4, Article 5 of Decree No. 24/2024/ND-CP, with products being first manufactured and meeting market release conditions in the last 6 years	Declaration of domestic costs
No.	Name of goods		Production cost ratio under 50%	Production cost ratio above 50%			According to Form 15B	According to Form 15C
	(1)	(2)	(3)	(4)	□	□	□	□
1	Item 1	□	□	□	□	□	□
2	Item 2		□	□	□	□	□	□
…	…
n	Item n		□	□	□	□	□	□
			□	□

          Note:
          (1), (2): The system automatically extracts from Form No. 12.1 or Form No. 12.2.
          (3), (4), (5), (6): The contractor marks the corresponding boxes for each type of goods. (If the contractor ticks column (3), (4), the system allows the contractor to select columns (5), (6), (7), (8)).
          (7), (8): For goods with domestic production costs of 30% or more, the contractor selects how to declare domestic production costs according to Form No. 15B (in case of foreign cost declaration) or Form No. 15C (in case of domestic production cost declaration).

Form No. 15B (webform on the System)

DECLARATION TABLE DOMESTIC PRODUCTION COSTS FOR GOODS ELIGIBLE FOR PREFERENTIAL TREATMENT
(in case of foreign cost declaration)


No.	Goods Name	Quoted Price of Goods in Electronic Pre-qualification application	Quoted Price of Goods in Electronic Pre-qualification application	Tax Value	Declare Foreign Costs	Domestic Production Costs	% Domestic Production Costs
No.	Goods Name	(I)	(II)	(III)	*G = (I) – (II) – (III)**	D(%)=G*/G Where G = (I) – (II)
	(1)	(2)	(3)	(4)	(5)	(6)
1	Product 1
2	Product 2
…	…
n	Product n

Note: (1): The system automatically extracts the goods selected by the contractor in column (7) of Form No. 15A. (2): The system automatically extracts the unit price quoted by the contractor (the unit price includes all taxes, fees, charges (if any)). (3), (4): The contractor declares on their own. (5), (6): The system automatically calculates.

Form No. 15C (webform on the System)

DECLARATION OF DOMESTIC PRODUCTION COSTS FOR GOODS ENTITLED TO PREFERENTIAL TREATMENT⁽¹⁾
(in the case of declaring production costs in Vietnam)

No.	Name of Goods	The bidder is a trader		The bidder is a manufacturer	Domestic production costs	Percentage of domestic production costs
						The bidder is a trader	The bidder is a manufacturer
		Quoted Price of Goods (I)	Tax Value⁽²⁾ (II)	Ex-works Price (EXW) of Goods (G)	G*	D(%)=G*/G Where G = (I) – (II)	*D(%)=G/G**
	(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	Goods No. 1
2	Goods No. 2
…	…
n	Goods No. n

Note:
(1) The system automatically extracts the goods that the contractor has selected in column (8) of Form 15A.
For contractors who are traders, the system extracts the quoted price of goods, and the contractor declares domestic production costs and tax value.
For contractors who are manufacturers, the system extracts the ex-works price, and the contractor declares domestic production costs.

Form 16A(webform on the System)

BID FORM⁽¹⁾

(part ofElectronic Financial Proposal)
(Applicable to organizational bidders)

Date: ___ [System auto-extracts]
Package name: ___ [System auto-extracts]
To: ___ [System auto-extracts]
After reviewing the Electronic Bidding Document, we:
Bidder name:___[System auto-extracts] commit to performing the package ____[System auto-extracts] with E-TBMT number ____[System auto-extracts] according to the requirements in the Electronic Bidding Document with a bid price (total amount) of ____[System auto-extracts] along with the attached bid price summary sheets.
Additionally, we voluntarily reduce the bid price by a discount percentage of ____ [Enter discount percentage (%). For fixed or adjustable unit price contracts, the discount is calculated on the bid price excluding contingency costs].
The bid price after discount is: _____ [System auto-calculates based on recalculated contingency costs after discount] (including all taxes, fees, and charges, if any).
Validity of the Electronic Financial Proposal: ____[System auto-extracts from E-TBMT].
We commit:
1. The information declared in the Electronic Pre-qualification application is truthful.
2. If our Electronic Pre-qualification application is accepted, we will provide the contract performance guarantee as required in Section 40.1 of Electronic Competitive Dialogue and Negotiated Tendering in the Electronic Bidding Document.
Note:
(1) The bid form is digitally signed by the bidder when submitting the Electronic Pre-qualification application

Form No. 16B (webform on the System)

BID FORM⁽¹⁾
(thuộc Electronic Financial Proposal)
(Áp dụng đối với nhà thầu là cá nhân, nhóm cá nhân sản xuất sản phẩm đổi mới sáng tạo)

Ngày: ___ [Hệ thống tự động trích xuất]
Tên gói thầu: ___ [Hệ thống tự động trích xuất]
Kính gửi: ___ [Hệ thống tự động trích xuất]
Sau khi nghiên cứu Electronic Bidding Document, chúng tôi:
Tên nhà thầu:___ [Đối với nhà thầu là cá nhân, Hệ thống tự động trích xuất tên cá nhân và mã số thuế của cá nhân; đối với trường hợp nhà thầu là nhóm cá nhân, Hệ thống tự động trích xuất tên của các thành viên và mã số thuế theo Mẫu số 02C] cam kết thực hiện gói thầu ____[Hệ thống tự động trích xuất] số E-TBMT ____[Hệ thống tự động trích xuất] theo đúng yêu cầu nêu trong Electronic Bidding Document với giá dự thầu (tổng số tiền) là ____[Hệ thống tự động trích xuất] cùng với các bảng tổng hợp giá dự thầu kèm theo.
Ngoài ra, chúng tôi tự nguyện giảm giá dự thầu với tỷ lệ phần trăm giảm giá là____ [Ghi tỷ lệ phần trăm (%) giảm giá. Đối với loại hợp đồng theo đơn giá cố định, đơn giá điều chỉnh, giá trị giảm giá tính trên giá dự thầu chưa bao gồm chi phí dự phòng].
Giá dự thầu sau khi trừ đi giá trị giảm giá là: _____ [Hệ thống tự động tính trên cơ sở tính toán lại chi phí dự phòng sau khi giảm giá] (đã bao gồm toàn bộ thuế, phí, lệ phí (nếu có)).
Hiệu lực của Electronic Financial Proposal: ____ [Hệ thống tự động trích xuất từ E-TBMT].
Chúng tôi cam kết:
1. Những thông tin kê khai trong Electronic Pre-qualification application là trung thực.
2. Nếu Electronic Pre-qualification application của chúng tôi được chấp nhận, chúng tôi sẽ thực hiện biện pháp bảo đảm thực hiện hợp đồng theo quy định tại Mục 40.1 Electronic Competitive Dialogue and Negotiated Tendering của Electronic Bidding Document.
Ghi chú:
(1) Đơn dự thầu được ký bằng chữ ký số của cá nhân nhà thầu (hoặc thành viên được nhóm cá nhân phân công theo văn bản thỏa thuận) khi nhà thầu nộp Electronic Pre-qualification application.

Phần 2. YÊU CẦU VỀ KỸ THUẬT
Chương V. YÊU CẦU VỀ KỸ THUẬT

Mục 1. Yêu cầu về kỹ thuật
Yêu cầu về kỹ thuật bao gồm yêu cầu kỹ thuật (mang tính kỹ thuật thuần túy) và các yêu cầu khác liên quan đến việc cung cấp hàng hóa (trừ giá). Yêu cầu về kỹ thuật phải được nêu đầy đủ, rõ ràng và cụ thể để làm cơ sở cho nhà thầu lập Electronic Pre-qualification application.
Trong yêu cầu về kỹ thuật không được đưa ra các điều kiện nhằm hạn chế sự tham gia của nhà thầu hoặc nhằm tạo lợi thế cho một hoặc một số nhà thầu gây ra sự cạnh tranh không bình đẳng, đồng thời cũng không đưa ra các yêu cầu quá cao dẫn đến làm tăng giá dự thầu hoặc làm hạn chế sự tham gia của các nhà thầu, không được nêu yêu cầu về tên, ký mã hiệu, nhãn hiệu cụ thể của hàng hóa.
Trường hợp không thể mô tả chi tiết hàng hóa theo đặc tính kỹ thuật, tính năng sử dụng, thiết kế công nghệ, tiêu chuẩn công nghệ thì được nêu nhãn hiệu, catalô của một sản phẩm cụ thể để tham khảo, minh họa cho yêu cầu về kỹ thuật của hàng hóa nhưng phải ghi kèm theo cụm từ “hoặc tương đương” sau nhãn hiệu, catalô đồng thời phải quy định rõ nội hàm tương đương với hàng hóa đó về đặc tính kỹ thuật, tính năng sử dụng, thiết kế công nghệ, tiêu chuẩn công nghệ và các nội dung khác (nếu có) để tạo thuận lợi cho nhà thầu trong quá trình chuẩn bị Electronic Pre-qualification application mà không được quy định tương đương về xuất xứ.
Yêu cầu về kỹ thuật bao gồm các nội dung cơ bản như sau:
1.1. Giới thiệu chung về dự án/dự toán mua sắm, gói thầu
This section provides a summary of the project/procurement estimate and the package, including the location of the project/procurement estimate, the scope of the project/procurement estimate, requirements for the supply of goods under the package, the time frame for implementing the package, and other information as required by the nature and needs of the package.
1.2. Technical Requirements
The technical requirements include general and detailed technical requirements for the goods within the scope of the package, as follows:
a) General technical requirements relate to the types, standards of goods, and requirements for inspection, testing, packaging, transportation, and the climate conditions where the goods will be used.Depending on the complexity of the goods, general technical requirements may apply to all goods or to each specific type of good.
b) Detailed technical requirements such as features, specifications, drawings, catalogs, warranty details, etc., are specified for each type of good. When stating requirements, technical specifications may be described in the form of tables. The purpose of the Specifications section is to define the technical characteristics of the goods and related services as required by the package. The project owner must prepare this section in detail, considering the following factors:
- Specifications include the standards used by the project owner and the tenderer to verify technical compliance and evaluate the Electronic Pre-qualification application. Clear and comprehensive specifications help the bidders prepare their Electronic Pre-qualification application effectively, ensuring high compliance, and assist the tenderer in studying, evaluating, and comparing the Electronic Pre-qualification application.
- Specifications require that all goods and materials used in the goods must be new, unused, and incorporate the latest improvements in design and materials, unless otherwise specified in the contract.
- Specifications must be broad enough to avoid imposing restrictions on commonly used skills and materials for producing goods of a similar type.
- Specifications must describe all relevant requirements, including but not limited to the following:
+ Standards for materials, supplies, and workmanship required for the manufacture of goods;
+ Detailed requirements for testing (types and number of tests);
+ Additional work and/or related services required to deliver/complete the project;
+ Specific actions to be taken by the Contractor and the participation required by the project owner;
+ A list of warranty requirements for operational functionality and provisions for compensation in case these warranty requirements are not met.
- Specifications must clearly state all functional and technical characteristics, including the minimum and maximum guaranteed or accepted values, as applicable. If necessary, the project owner and the tenderer must provide an additional form for the contractor to provide detailed information about the functional and technical characteristics of the goods compared to the guaranteed or accepted values.
- Delivery schedule and service completion date as required in Form No. 01A and Form No. 01B in Chapter IV. If the project owner requires the contractor to provide part or all of the specifications, technical tables, or other technical information in their Electronic Pre-qualification application, the project owner must clearly specify the nature and extent of the required information and how this information should be presented in the Electronic Pre-qualification application.
[If the project owner requires a summary of the specifications, the information should be provided in the table below. The contractor will prepare a similar table to demonstrate that the goods offered by the contractor comply with the requirements.]
Summary of specifications for goods and related services. The goods and related services must comply with the following specifications and standards:

Item No.	Name of goods/related services	Specifications and standards
[enter item number]	[enter name]	[enter specifications and standards]

Detailed technical specifications and standards (if necessary).
[Provide detailed technical specifications] ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
1.3. Other Requirements
- Other technical requirements include payment method requirements, financial supply requirements (if any), and related services such as installation, maintenance, initial repairs, installation insurance, repair insurance, or other post-sale services like training, technology transfer... (if any). These requirements must be clearly stated to allow the contractor to prepare the Electronic Pre-qualification application.
- Sustainable bidding: requirements may include environmentally friendly goods, socially responsible products, services certified with eco-labels, energy labels, or equivalent (if applicable), such as energy-saving or water-saving use, low toxic emissions, non-harmful chemicals, environmentally destructive products; goods produced without violating social responsibility or from sustainable, organic, recycled material sources; using green materials for packaging the goods; fuel-saving, minimizing noise pollution, using reusable containers for transporting goods; emission levels, waste, environmental pollution, minimizing the environmental impact and surrounding communities; commitment to recovery or recycling when goods are no longer in use...
- Depending on the package, contractors may be required to propose an alternative plan in addition to the main plan as per Electronic Bidding Document requirements, where it should be clearly stated that the contractor's alternative plan will only be considered during the documentation review and contract negotiation process (if applicable), or when completing the contract if the contractor is proposed to win the bid based on the main plan. The alternative plan will only be considered if no contractor meets the Electronic Bidding Document requirements under the main plan.

Section 2. Drawings
This Electronic Bidding Document includes the drawings in the following list [if there are no attached drawings, it must be stated clearly "No drawings"]:

Drawing List
Drawing No.	Drawing Name	Purpose

In case of drawings, the drawings must be attached.
Section 3. Inspection and Testing
The inspections and tests to be conducted include: ____ [list inspections and tests].

Part 3A. CONTRACT CONDITIONS
Chapter VI. GENERAL CONDITIONS OF CONTRACT

1. Definitions	In this contract, the following terms shall be understood as follows: 1.1. “Investor” is the entity specified in E-DKCT; 1.2. “Contract” is the agreement between the Investor and the Contractor, documented in writing, signed by both parties, including annexes and accompanying documents; 1.3. “Contractor” is the successful bidder (either an independent contractor or a consortium) as specified in E-DKCT; 1.4. “Subcontractor” is an entity or individual that signs a contract with the contractor to participate in providing related services; 1.5. “Contract documents” are the documents listed in the Contract, including any amendments and supplements to the Contract; 1.6. “Contract price” is the total amount stated in the contract for the supply of goods and related services. The contract price includes all costs for taxes, fees, and charges (if any); 1.7. “Day” refers to a calendar day; “year” refers to 365 days; 1.8. “Goods” include machinery, equipment, raw materials, fuel, materials, supplies, spare parts; products; vehicles; consumer goods; drugs, chemicals, testing materials, medical equipment; commercial software.; 1.9. “Related services” include services such as installation, maintenance, initial repairs, installation insurance, repair insurance, or other after-sales services such as training, technology transfer...; 1.10. “Completion” refers to the Contractor's fulfillment of related services as per the terms and conditions stipulated in the Contract; 1.11. “Project site” is the location specified in E-DKCT. 1.12. “Contract duration” is calculated from the date the contract takes effect until both parties have fulfilled their contractual obligations.
2. Contract documents and order of precedence	2.1. All documents stipulated in Section 2.2 of E-DKC (including parts of documents) shall constitute the Contract to form a unified, reciprocal, and supplementary document, explaining each other. 2.2. The documents constituting the Contract are arranged in the following order of precedence: a) The Contract, along with its annexes; b) Minutes of contract negotiations (if any), finalizing the contract; c) Letter of acceptance of the Electronic Pre-qualification application and contract award; d) Decision approving the results of contractor selection; đ) E-DKCT; e) E-DKC; g) Electronic Pre-qualification application and the Contractor's clarifications of the Electronic Pre-qualification application; h) Electronic Bidding Document and the amendments to Electronic Bidding Document (if any); i) Other documents stipulated in E-DKCT.
3. Law and language	The law governing the contract is the law of Vietnam, and the language of the contract is Vietnamese.

4. Notification	4.1. Any notification sent by one party to the other regarding the contract must be made in writing, to the address specified in E-DKCT. The term "in writing" means a form of communication in writing with evidence of receipt of the information. 4.2. A notification from one party will be deemed effective from the date the other party receives it or from the effective date stated in the notification, whichever is later.
5. Performance security	5.1. Performance security must be submitted to the Employer no later than the date specified in the Letter of acceptance of the Electronic Pre-qualification application and contract award. Performance security can be provided in one or more of the following forms: a) Depositing a certified check for contract performance security worth less than 50 million VND, with the validity period of the certified check in accordance with the contract duration; b) Submitting a bank guarantee from a domestic financial institution or a branch of a foreign bank established under the laws of Vietnam; c) Submitting a surety bond insurance certificate from a domestic non-life insurance company, or a branch of a foreign non-life insurance company established under the laws of Vietnam. Performance security as stipulated in points b and c of this clause is unconditional (payment upon demand), using the form specified in Part 4 or another form approved by the Employer. 5.2. The performance security has the value and validity as stipulated in E-DKCT. 5.3. The performance security will be paid to the Employer to compensate for any losses incurred due to the Contractor's failure to fulfill its contractual obligations. 5.4. The deadline for the return of the performance security is stipulated in E-DKCT.
6. Subcontract Signing	6.1. The contractor is allowed to sign contracts with the subcontractors listed in Specific Terms and Conditions of the Contract to carry out the related services stated in the Electronic Pre-qualification application. The use of subcontractors does not change the contractor's obligations. The contractor remains responsible to the investor for the quantity, quality, schedule, and other obligations for the work performed by the subcontractors. Any replacement or addition of subcontractors from the list of subcontractors mentioned in the Electronic Pre-qualification application or changes to the subcontracting content in the Electronic Pre-qualification application can only be done with the approval of the investor; the use of subcontractors must match the contractor's needs in executing the contract, and the subcontractors must meet the capacity and experience requirements as required by the contractor. 6.2. The contractor is responsible for fully and promptly paying the subcontractor in accordance with the terms agreed between the contractor and the subcontractor.
7. Dispute Resolution	7.1. The investor and the contractor are responsible for resolving any disputes arising between them through negotiation and mediation. 7.2. If a dispute cannot be resolved through negotiation or mediation within the time limit specified in Specific Terms and Conditions of the Contract from the date of the dispute, either party may request that the dispute be resolved through the mechanism provided in Specific Terms and Conditions of the Contract.
8. Scope of Supply	Goods and related services must be provided as specified in Chapter V.
9. Delivery Schedule, Completion of Related Services (if any), and Documentation	The delivery schedule and the completion of related services (if any) must be carried out as specified in Form 01A (for lump-sum contracts) or Form 01B (for unit price contracts) or Form 01C (for mixed contracts) and Form 01D of Chapter IV. The contractor must provide invoices, documents, and other required documentation as stipulated in Specific Terms and Conditions of the Contract.
10. Contractor's Responsibilities	The contractor must provide all goods and related services (if any) within the scope of supply specified in Section 8 of E-ĐKC and in accordance with the delivery schedule and completion of related services outlined in Section 9 of E-ĐKC.
11. Type of Contract and Contract Price	11.1. Type of contract: as specified in . 11.2. The contract price specified in represents the total cost to complete the provision of goods and related services for the package mentioned in the contract price schedule, ensuring that progress and quality meet the package's requirements.
12. Thuế, phí, lệ phí	12.1. Nhà thầu chịu trách nhiệm đối với toàn bộ chi phí về thuế, phí, lệ phí phát sinh cho đến khi hàng hóa được giao cho Chủ đầu tư. 12.2. Trường hợp Nhà thầu thuộc đối tượng được miễn, giảm thuế, phí, lệ phí, Chủ đầu tư tạo điều kiện tối đa cho Nhà thầu áp dụng các chính sách miễn, giảm thuế, phí, lệ phí. 12.3. Việc điều chỉnh thuế thực hiện theo quy định tại Specific Terms and Conditions of the Contract.
13. Tạm ứng	13.1. Chủ đầu tư phải cấp cho Nhà thầu khoản tiền tạm ứng theo quy định tại Specific Terms and Conditions of the Contract, sau khi Nhà thầu nộp Bảo lãnh tạm ứng tương đương với khoản tiền tạm ứng. Bảo lãnh tạm ứng phải được phát hành bởi một tổ chức tín dụng hoặc chi nhánh ngân hàng nước ngoài được thành lập theo pháp luật Việt Nam. 13.2. Nhà thầu chỉ được sử dụng tiền tạm ứng cho việc thực hiện Hợp đồng. Nhà thầu phải chứng minh rằng khoản tiền tạm ứng đã được sử dụng đúng mục đích, đúng đối tượng bằng cách nộp bản sao các hóa đơn chứng từ hoặc tài liệu liên quan cho Chủ đầu tư.
14. Thanh toán	14.1. Yêu cầu thanh toán của Nhà thầu phải được gửi cho Chủ đầu tư bằng văn bản, kèm theo hóa đơn mô tả hàng hóa đã bàn giao và các dịch vụ liên quan đã thực hiện, cùng với chứng từ nộp theo quy định tại Điều 9 E-ĐKC và gửi yêu cầu thanh toán khi đã hoàn thành các nghĩa vụ khác quy định trong hợp đồng. 14.2. Việc thanh toán thực hiện theo quy định tại Specific Terms and Conditions of the Contract. 14.3. Đồng tiền thanh toán là VND.
15. Copyright	The copyright for all drawings, documents, and records containing information and data that the Contractor has submitted to the Investor belongs to the Contractor. In the case where such drawings, documents, and records are provided to the Investor either directly or through the Contractor by a third party, the copyright of these drawings, documents, and records belongs to that third party.
16. Use of Documents and Information Related to the Contract	16.1. The Investor and the Contractor must keep confidential any documents, data, or other information related to the contract that one party provides directly or indirectly to the other, and must not disclose such documents, data, or information to third parties without written consent from the other party, whether the documents, data, or information were provided before, during, or after the completion or termination of the contract. The Contractor may transfer relevant documents, data, and information provided by the Investor to subcontractors for them to perform their work under the contract; in this case, the subcontractor must commit to the Contractor to keep such documents, data, or information confidential. 16.2. The Investor must not use the documents, data, and other information received from the Contractor for any other purposes unrelated to the contract. The Contractor must not use the documents, data, and other information received from the Investor for any other purposes unrelated to the performance of the contract. 16.3. The obligations of the Investor and the Contractor stipulated in Sections 16.1 and 16.2 E-ĐKC do not apply to the following information: a) Information that the Investor or Contractor must provide to the competent authorities; b) Information that has been or will be published not due to the fault of the Investor or the Contractor; c) Information owned by one party at the time of disclosure and not provided directly or indirectly by the other party; d) Information that one party lawfully receives from a third party not bound by confidentiality obligations.. 16.4. The provisions of Section 16 E-ĐKC do not alter any confidentiality commitments made by one party prior to the contract signing date regarding the provision of goods or services. 16.5. The provisions of Section 16 E-ĐKC remain effective after the completion or termination of the contract for any reason.
17. Specifications and Standards	The goods and related services provided under the contract must comply with the specifications and standards stated in Chapter V; if Chapter V does not specify any applicable specifications or standards, they must comply with equivalent or higher standards in the country or territory where the goods originate.
18. Packaging of Goods	18.1. The contractor must properly package the goods to avoid damage during transportation to the project site as specified in the contract. During transportation, the packaging must be sturdy enough to withstand shocks, extreme temperatures, saltwater, rain, and outdoor conditions. The size and weight of each package must take into account transport conditions such as distance, transport means, infrastructure conditions, etc., from the shipping point to the project site. 18.2. The packaging, labeling of goods, and documentation inside and outside the package must comply with the specific requirements of the contract, including any requirements (if applicable) stated in the Specific Terms and Conditions of the Contract and other instructions from the Investor.
19. Insurance	Unless otherwise specified in the Specific Terms and Conditions of the Contract, the goods provided under the contract must be fully insured for any losses or damages that may occur during production, receipt, transportation, storage, and delivery as specified in Specific Terms and Conditions of the Contract.
20. Transportation and Additional Services	20.1. Requirements for transportation of goods and other requirements are specified in Specific Terms and Conditions of the Contract. 20.2. The Investor may request the Contractor to provide one or more of the following services, including services (if any) as specified in Specific Terms and Conditions of the Contract: a) Installation or supervision of on-site installation, commissioning of goods; b) Providing necessary tools for assembly, maintenance of goods; c) Providing detailed operation and maintenance manuals for each type of goods; d) Operating or supervising or maintaining, repairing the goods for the duration agreed upon by the parties, provided that this service does not exempt the Contractor from any warranty obligations under this contract; đ) Training the Investor's personnel on installation, commissioning, operation, maintenance, and repair of the goods. 20.3. In case of additional services beyond the contract, the Investor and the Contractor shall negotiate the cost of the service, ensuring that it does not exceed the price the Contractor applies for similar services in other contracts.
21. Inspection and Testing of Goods	21.1. The Contractor must conduct all tests and inspections of goods and related services as specified in Specific Terms and Conditions of the Contract and bear all costs of testing and inspection. 21.2. Inspections and tests may be conducted at the Contractor's premises or another facility at the delivery location, and/or the project site, or any other location specified in Specific Terms and Conditions of the Contract. In accordance with Section 21.3 E-ĐKC, if conducted at the Contractor's premises or another facility, inspection personnel must be provided with all necessary facilities and assistance, including access to drawings and production data; the Investor will not bear any costs for these facilities and assistance. 21.3. The Investor or the Investor's representative has the right to attend the tests and inspections specified in Section 21.2 E-ĐKC, provided that the Investor bears all costs associated with attending, including travel and accommodation expenses. 21.4. Before conducting inspections and tests, the Contractor must notify the Investor of the location and time of the inspections and tests. If third-party or manufacturer approval is required for the Investor to participate in the inspections and tests, the Contractor must obtain written consent from these parties. 21.5. The Investor may request the Contractor to conduct tests and inspections beyond the contract if necessary to confirm that the goods meet the technical specifications and performance requirements of the contract, provided that reasonable costs for conducting these tests and inspections are added to the contract price. If such tests and inspections delay production and/or the Contractor's fulfillment of other obligations under the contract, the Investor will consider adjusting the delivery date, completion date of related services, and other affected obligations. 21.6. The Contractor must submit to the Investor reports on the results of all tests and inspections. 21.7. The Investor has the right to reject any goods or parts of goods that do not meet the requirements in the inspections, tests, or are not in accordance with the technical specifications of the contract. The Contractor must replace such goods or parts or make the necessary adjustments to conform to the technical specifications of the contract and bear all costs related to this replacement or adjustment. The Contractor must then conduct re-inspections and re-tests at its own expense and notify the Investor as required by Section 21.4 E-ĐKC. 21.8. The Contractor's performance of tests and inspections of goods, the Investor's or Investor's representative's participation in the tests and inspections, or the reporting of test and inspection results as stipulated in Section 21.6 E-ĐKC, does not exempt the Contractor from warranty obligations or other contractual obligations.
22. Penalties and Compensation for Damages	Penalties for contract violations and compensation for damages shall be in accordance with the provisions of Specific Terms and Conditions of the Contract.
23. Warranty	23.1. The Contractor ensures the supply of new, unused goods as specified in the proposal. 23.2. The Contractor ensures that the goods are free from defects arising from any actions or omissions by the Contractor or due to design, materials, or manufacturing techniques when the goods are used normally under common conditions in Vietnam. 23.3. The warranty period and applicable warranty location are specified in Specific Terms and Conditions of the Contract. 23.4. In the event a defect in the goods is discovered, the Investor shall promptly notify the Contractor, accompanied by supporting documentation. The Investor shall facilitate the Contractor's inspection of the defects. 23.5. Upon receiving notice from the Investor regarding defective goods, the Contractor must promptly repair or replace the defective goods within the time specified in Specific Terms and Conditions of the Contract and bear all costs related to the repair or replacement. 23.6. If notified but the Contractor fails to repair the defective goods within the specified time in Specific Terms and Conditions of the Contract, the Investor may proceed with the repairs (if necessary). The Contractor shall bear all risks and costs associated. The Investor's self-repair of the defective goods does not affect the Investor's other rights against the Contractor under the contract.
24. Compensation for Patent Infringement	24.1. Provided that the Investor complies with Section 24.2 E-ĐKC, the Contractor is obligated to indemnify and hold harmless the Investor and its personnel from any lawsuits, administrative procedures, claims, demands, losses, damages, and costs, including attorney's fees, arising from or related to infringements or alleged infringements of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights that were registered or existed at the date of contract signing, where such infringements or allegations relate to: a) The installation of goods by the Contractor or the use of goods in Vietnam; b) The sale of products made from the goods. The above indemnification does not apply in the following cases: use of the goods or any part of the goods for purposes other than those specified in the contract or reasonably derived from the contract; infringement caused by the use of the goods or any part of the goods, or any product made from the goods, in combination with equipment, factories, or materials not supplied by the Contractor under the contract. 24.2. In the event of lawsuits or claims against the Investor related to the issues specified in Section 24.1 E-ĐKC, the Investor is obligated to promptly notify the Contractor. The Contractor may, in the name of the Investor, resolve the lawsuit or claim or negotiate a settlement and bear the related costs. 24.3. Within 28 days of receiving the Investor's notification, if the Contractor does not inform the Investor of its intention to resolve the lawsuit or claim, the Investor will resolve it on its own. 24.4. If required, the Investor shall assist the Contractor in resolving the lawsuit or claim and shall be reimbursed by the Contractor for all reasonable costs incurred. 24.5. The Investor is obligated to indemnify and hold harmless the Contractor, subcontractors, and Contractor's personnel from any lawsuits, administrative procedures, claims, demands, losses, damages, and costs, including attorney's fees, arising from or related to infringements or alleged infringements of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights that were registered or existed at the date of contract signing, where such infringements or allegations arise from or are related to any designs, data, drawings, specifications, or other documents provided or designed by the Investor or on behalf of the Investor.
25. Changes Related to Legal Matters	Unless otherwise specified in the contract, from 28 days before the bid closing date onward, if any policies are issued, replaced, amended, or declared invalid in Vietnam that affect the delivery date and/or contract price, the delivery date or contract price must be adjusted in accordance with the degree of impact on the Contractor's performance of its contractual obligations. The increase or decrease in the contract price will not be paid separately or recorded as a separate payable item if such adjustment has already been stipulated in Section 11 E-ĐKC.
26. Force Majeure	26.1. The Contractor will not have its performance guarantee forfeited, will not be liable for compensation for damages, or face penalties or contract termination if force majeure events hinder the progress of the contract or make it impossible to perform contractual obligations. 26.2. In the event of a force majeure event, the failure of a party to perform any of its obligations will not be considered a breach or default of the Contract, provided that the party affected by the event: (a) has taken reasonable preventive, cautious measures and necessary alternatives, all with the aim of fulfilling the terms and conditions of this Contract, and (b) continues to perform its obligations under the Contract to the extent that it is reasonable and practicable. 26.3. In this contract, force majeure is understood as events beyond the control of the parties, unforeseeable, unavoidable, and rendering contract performance impossible, with no negligence or failure on the part of the parties. Force majeure events may include, but are not limited to, war, riots, strikes, fires, floods, epidemics, quarantine due to quarantine policies, or government regulations. 26.4. When a force majeure event occurs, the party affected by the force majeure event must promptly notify the other party in writing of the event and the cause within 14 days from the occurrence of the force majeure event. Additionally, a confirmation of the force majeure event must be provided by a competent authority where the force majeure event occurred. The Contractor affected by the force majeure event must continue to fulfill its contractual obligations as allowed by actual circumstances and must take all reasonable measures to mitigate the consequences of the force majeure event. 26.5. The time in which a party is required to complete a task under this Contract will be extended by a period equal to the time that the party was unable to perform the task due to the force majeure event..
27. Contract Amendments	27.1. The Investor may request the Contractor to modify or supplement the following within the scope of the contract: a) Change the drawings, technological designs, or technical requirements in cases where the goods supplied under the contract are specifically ordered for the Investor; b) Change the transportation or packaging method; c) Change the delivery location; d) Change the related services. đ) Adjust the contract implementation schedule as specified in Section 28 E-ĐKC. 27.2. If modifications or supplements to the scope of the contract as stipulated in Section 27.1 E-ĐKC result in changes to the cost or time of performance of any contract terms, the contract price or the delivery date, the completion date for related services must be adjusted accordingly, and the two parties shall amend the contract. The Contractor's request to adjust the contract price, delivery date, or completion date must be made within 28 days of the Contractor receiving the Investor's request for modifications or supplements to the contract's scope of work. 27.3. If the Contractor supplies goods with a new version from the same manufacturer, of the same origin, with equivalent or better technical features, configurations, and specifications compared to the version proposed by the Contractor in the Electronic Pre-qualification application and meets the requirements of the Electronic Bidding Document, the Contractor must notify the Investor in writing for consideration. In this case, based on usage needs, the Investor may approve the Contractor's proposal, provided that the unit price and other contract terms remain unchanged. 27.4. If related services not specified in the contract are required, the Investor and the Contractor shall negotiate to ensure that the unit prices are in line with market prices. 27.5. The Investor and the Contractor will negotiate as a basis for signing a contract amendment document in the event of contract modifications. 27.6. During the contract implementation, the Contractor may propose cost-saving solutions, including at least the following: a) Solution content, explanation of the differences from the requirements of the signed contract; b) Comprehensive cost-benefit analysis of the solution, including a description and estimate of the costs (including lifecycle costs) that may arise for the Investor if the Contractor's proposal is accepted; c) The impact of the solution on contract performance. 27.7. The Investor may accept the Contractor's proposal if it demonstrates any of the following benefits without affecting the necessary functions of the goods: a) Shortening the delivery time; b) Reducing the contract price or lifecycle costs for the Investor; c) Improving the quality, efficiency, or sustainability of the goods under the contract; d) Any other benefit for the Investor. If the Contractor's proposal is accepted by the Investor and results in a reduction in the contract price, the Investor will pay the Contractor according to the rate specified in Specific Terms and Conditions of the Contract for the reduced contract value. If the Contractor's proposal is accepted by the Investor and results in an increase in the contract price but reduces lifecycle costs due to the impact of the factors specified in points a, b, c, and d of this clause, the Investor will pay the Contractor based on the increased contract value.
28. Contract Schedule Adjustments	28.1. During contract implementation, if adverse conditions arise, hindering the Contractor or subcontractor in delivering goods and related services on the schedule specified in Section 9 E-ĐKC, the Contractor must promptly notify the Investor in writing of the delays, the cause, and the duration of the delays. Based on the Contractor's notification, the Investor must promptly assess the situation and may consider extending the contract. If the Investor agrees to the extension, the parties shall negotiate as a basis for signing a contract amendment appendix. 28.2. Except in the case of force majeure as stipulated in Section 26 E-ĐKC, the Contractor who delivers goods late or completes related services late is obligated to compensate the Investor for damages as specified in Section 22 E-ĐKC.
29. Contract Termination	29.1. Termination for Breach a) The Investor may terminate part or all of the contract without prejudice to other contract remedies by giving written notice to the Contractor of the contract breach in the following cases: (i) The Contractor is unable to deliver the goods or part of the goods within the time specified under the contract, or within any extended time under Section 28 E-ĐKC; (ii) The Contractor fails to perform any other obligations under the contract; (iii) The Investor determines that the Contractor has committed one of the prohibited acts stipulated in Article 16 of the Law on Bidding during the bidding process or contract implementation; b) In the event the Investor terminates part or all of the contract under point a, clause 29.1 of this Section, the Investor may procure similar goods and related services to those not performed under terms and in an appropriate manner. The Contractor will be responsible for compensating the Investor for any additional costs arising from procuring such similar goods and services. However, the Contractor must continue to perform the portion of the contract that is not terminated. 29.2. Termination for Insolvency If the Contractor becomes bankrupt or insolvent, the Investor may terminate the contract at any time by giving notice to the Contractor. In such a case, the contract will terminate, and the Contractor will not be entitled to compensation, provided that the termination does not prejudice or affect any prior or subsequent rights or remedies of the Investor.
30. Export Restrictions	In the event that the country or territory supplying the goods and services imposes trade regulations resulting in export restrictions, hindering the Contractor's performance of its contractual obligations, the Contractor will not be required to fulfill its obligations to deliver goods or perform services, provided that the Contractor submits documentation to the Investor proving that all necessary export procedures, including obtaining permits or authorizations for the export of goods and services under the contract, have been completed. In such cases, the Investor may terminate the contract with the Contractor.

Chapter VII. SPECIFIC CONDITIONS OF THE CONTRACT

Unless otherwise specified, the entire Specific Terms and Conditions of the Contract must be fully completed by the Investor before issuing the Electronic Bidding Document.

E-ĐKC 1.1	Investor:___ [enter name, address, bank account number, tax code, telephone, fax, email of the Investor and authorized representative (if any)].
E-ĐKC 1.3	Contractor:___[enter name, address, bank account number, tax code, telephone, fax, email of the Contractor].
E-ĐKC 1.11	Project location:___ [enter name and details of the location].
E-ĐKC 2.2 (i)	The following documents are also part of the contract:___ [list documents].
E-ĐKC 4.1	Notices must be sent to the Investor at the following address: - Recipient:___ [enter full name of recipient, if any]. - Address:___ [enter full address]. - Telephone:___ [enter telephone number, including country and city codes]. - Fax:___ [enter fax number, including country and city codes]. - Email address:___ [enter email address (if any)].
E-ĐKC 5.2	- Performance guarantee value: ____% of the contract value [specify the exact value based on the scale and nature of the package, from 2% to 10% of the contract value]. - Validity of the performance guarantee: The performance guarantee is valid from the contract effective date until_____ [based on the scale, nature, and requirements of the package, specify this term, for example: The performance guarantee must remain valid until all goods are delivered, both parties sign the acceptance certificate, and the Contractor transitions to warranty obligations as per regulations].
E-ĐKC 5.4	Time to return the performance guarantee:___ [specify the time to return the performance guarantee after the Contractor fulfills all contractual obligations, based on the nature and requirements of the package].
E-ĐKC 6.1	List of subcontractors:__ [enter the list of subcontractors in accordance with the list provided in the Electronic Pre-qualification application].

E-ĐKC 7.2	Time for mediation:___ [specify the maximum number of days for mediation]. Dispute resolution:___ [specify the time and mechanism for dispute resolution based on the scale and nature of the package. This should include the time for submitting a dispute resolution request, the dispute resolution organization (court, arbitration), and the cost of dispute resolution...].
E-ĐKC 9	The Contractor must provide the following information and documents:___ [list the necessary documents, for example: VAT invoices, shipping documents, warranty certificates from the Contractor or manufacturer, inspection certificates from an inspection agency, packing lists, certificates of origin, quality certificates…]. The Investor must receive the above information and documents before the goods reach the specified location, otherwise, the Contractor will bear all related incurred costs.
E-ĐKC 11.1	Contract type:___[enter the type of contract according to the approved contractor selection plan].
E-ĐKC 11.2	Contract price: ___ [write “Fixed” for lump sum contracts, fixed unit price contracts, or “price-adjustable” for price-adjustable contracts, in line with the contract type specified in Section 11.1 of Specific Terms and Conditions of the Contract]. If the contract includes price adjustment provisions, then the price adjustment will be applied by adjusting the unit price or calculating the contract price adjustment as follows: - Price adjustment is applied from the time the price change factor arises and only applies to the volume completed according to the schedule specified in the contract or adjusted according to the provisions in Section 28 E-ĐKC. No price adjustment is applied to the work volume corresponding to the advance payment of the contract; - The contract price will be adjusted during the contract execution period to reflect changes in labor and material costs. The price adjustment will be calculated using the following formula:______ [specify the price adjustment formula]. [Example of price adjustment formula: P₁ = P₀ [a + bL₁ + cM₁] - P₀ L₀ M₀ a+b+c = 1 Where: P₁ = Amount payable to the contractor after price adjustment P₀ = Contract price (base price) a = Fixed factor representing profit and general management fees included in the contract price, usually from 5% to 15%. b = Estimated labor cost proportion in the contract price c = Estimated material cost proportion in the contract price L₀, L₁ = Labor price indices applicable to the production sector of goods in the country of origin on the base date and price adjustment date, respectively M₀, M₁ = Material price indices on the base date and price adjustment date in the country of origin of the goods, respectively In the HSDT, the contractor must clearly state the sources of these indices, exchange rate information (if applicable), and the index values on the base date. The coefficients a, b, and c will be determined by the Investor as follows: a = [enter coefficient value] b= [enter coefficient value] c= [enter coefficient value] Base date = 28 days before the bid closing date. Price adjustment date = [specify number of weeks] weeks before the delivery date (usually corresponding to the time when half of the production process is completed). Price adjustment conditions: (i) Price adjustment is not allowed beyond the original delivery period. Generally, no price adjustment applies to delays for which the Contractor is fully responsible. (ii) If the currency used in contract price P₀ is different from the currency used in labor and material price indices, a conversion factor will be applied to avoid discrepancies when calculating price adjustments. The conversion factor is calculated as follows: Z = Z₀/Z₁ Where: Z₀ = Number of units of the currency used in those indices equivalent to one unit of the contract price currency P₀ on the base date; Z₁ = Number of units of the currency used in those indices equivalent to one unit of the contract price currency P₀ on the price adjustment date. (iii) Amount corresponding to the advance payment to the Contractor will not be subject to price adjustment].
E-ĐKC 12.3	Tax adjustment: ___ [write “Allowed” or “Not allowed”. In case tax adjustment is allowed, specify: “During the implementation of the contract, if at the time of payment the tax policy changes (increases or decreases) and the contract allows tax adjustments, and the contractor presents documents that clearly identify the tax incurred, the difference in tax policy will be adjusted according to the provisions in the contract”].
E-ĐKC 13.1	Advance payment: ____ [specify the advance amount, required documents for the advance, and payment method… in accordance with the law. The contractor provides an advance payment guarantee according to Form 20 in Section 4 or another form accepted by the Investor. For manufacturing of large-scale components, semi-finished products, or materials that must be stored seasonally, the contract must specify the advance plan and amount to ensure timely contract performance].
E-ĐKC 14.2	Payment method: ___ [according to the nature and requirements of the bidding package, specify this content in detail. Payments to the Contractor can be made by bank transfer, with multiple payments during the execution or one payment upon contract completion. The payment deadline can be immediate or within a certain number of days after the contractor submits all required documents. In addition, specify payment documents in accordance with the law]. The contractor will be paid the full contract price upon fulfilling all contractual obligations. In case the work volume performed is less than the contractual volume, the two parties must sign an additional appendix to the contract, clearly stating the new contract price corresponding to the actual work volume].
E-ĐKC 18.2	Packaging, labeling of goods, and accompanying documents inside and outside the packages: ____ [specify specific requirements for packaging, labeling, and necessary documents].
E-ĐKC 19	Insurance content:____ [specify the insurance requirements, including coverage, currency, and insurance amount].
E-ĐKC 20.1	Responsibility for transportation of goods is as follows: [Investor or specify “According to the contract, the Contractor must transport the goods to the project site. The transportation of goods to the project site, including insurance and storage as specified in the contract, will be carried out by the Contractor; related costs are included in the contract price”; or specify other commercial terms agreed upon by both parties (including the corresponding responsibilities of the Investor and the Contractor)].
E-ĐKC 20.2	The services include:_______ [specify the services in detail].
E-ĐKC 21.1	Inspection and testing of goods:___ [according to the scale and nature of the bidding package, specify the contractor's inspection and testing requirements based on the requirements set out in Chapter V. The inspection and testing may be carried out in stages, such as before delivery, upon arrival of goods... The inspection and testing provisions should specify key details such as time, place, method, and costs of inspection and testing, as well as how to handle goods that fail to meet inspection and testing requirements].
E-ĐKC 21.2	Inspection and testing of goods will be carried out at:___ [specify the location].
E-ĐKC 22	Based on the scale, nature, and requirements of the bidding package, this content shall be specified as one of the following methods: - Only apply contract violation penalty. - Only apply damage compensation. - Apply both contract violation penalty and damage compensation. 1. Contract violation penalty:___ [specify “Apply” or “Do not apply”]. In case the contract violation penalty is applied, it is stipulated as follows: Except for force majeure cases as stipulated in Section 26 E-ĐKC, if the Contractor is unable to deliver the goods or provide the related services within the time specified in the contract, the Investor may deduct from the contract price an amount corresponding to: _____%/week (or day, month...) [specify the exact deduction percentage of the value of the delayed goods or services] until the work is completed. The Investor will deduct up to ____ % [specify the maximum penalty percentage]. Upon reaching the maximum penalty, the Investor may consider terminating the contract as stipulated in Section 29 E-ĐKC. 2. Damage compensation:___ [specify “Apply” or “Do not apply”]. In case damage compensation is applied, the compensation shall be determined in one of the following ways: - Compensation based on the actual total damage; - Compensation based on a specified amount. In this case, specify the compensation amount, payment method, etc., in accordance with civil law.
E-ĐKC 23.3	The warranty period is:______ days [specify the number of days]. The location for warranty application is: ____ [specify one or more locations].
E-ĐKC 23.5 E-ĐKC 23.6	The time for repair or replacement is:_____ days [specify the number of days].
E-ĐKC 27.7 (d)	In case the cost-saving solution is approved by the Investor and leads to a reduction in the contract price, the Investor shall pay the Contractor ____ % [specify the payment rate, usually not exceeding 50%] of the contract price reduction value.

Part 3B. FRAMEWORK AGREEMENT

Chapter VI. GENERAL CONDITIONS OF THE FRAMEWORK AGREEMENT

1. Definitions	In this contract, the following terms shall be understood as: 1.1. “Investor” is the organization specified in Specific Terms and Conditions of the Contract; 1.2. “Framework Agreement” is the agreement between the Investor and the Contractor, documented in writing, signed by both parties, including appendices and attached documents; 1.3. “Contractor” is the winning contractor (can be an independent contractor or a consortium) as specified in Specific Terms and Conditions of the Contract; 1.4. “Subcontractor” is an organization or individual contracted by the contractor to participate in performing the related services; 1.5. “Contract Documents” are the documents listed in the Contract, including any amendments or supplements; 1.6. “Contract Price” is the total amount stated in the contract for the supply of goods and related services. The contract price includes all costs of taxes, fees, and charges (if any); 1.7. “Day” means calendar day; “year” means 365 days; 1.8. “Goods” include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumables; pharmaceuticals, chemicals, testing supplies, medical devices; commercial software; 1.9. “Related Services” include services such as installation, maintenance, initial repair, installation insurance, repair insurance, or provision of other after-sales services such as training, technology transfer…; 1.10. “Completion” is when the Contractor has completed the related services according to the terms and conditions stipulated in the Contract; 1.11. “Project Site” is the site specified in Specific Terms and Conditions of the Contract.
2. Framework Agreement Documents and Order of Priority	2.1. All documents specified in Section 2.2 E-ĐKC (including parts of the documents) will constitute the Framework Agreement to form a unified, mutually supportive, complementary, and explanatory whole. 2.2. The documents that make up the Framework Agreement are arranged in the following order of priority: a) Framework Agreement, along with appendices; b) Framework Agreement negotiation minutes (if any), finalizing the framework agreement; c) Letter of acceptance of Electronic Pre-qualification application; d) Decision approving the contractor selection results; đ) Specific Terms and Conditions of the Contract; e) E-ĐKC; g) Electronic Pre-qualification application and clarification documents of Electronic Pre-qualification application from the Contractor; h) Electronic Bidding Document and amendments to Electronic Bidding Document (if any); i) Other documents specified in Specific Terms and Conditions of the Contract.
3. Law and Language	The law governing the contract is the law of Vietnam, and the language of the contract is Vietnamese.

4. Notice	4.1. Any notice that one party sends to the other party concerning the contract must be in writing, to the address specified in Specific Terms and Conditions of the Contract. The term “in writing” means a form of communication in writing that has evidence of receipt of information. 4.2. A notice from one party will be considered effective from the date the other party receives it, or from the effective date stated in the notice, whichever is later.
5. Signing Subcontractor Contracts	5.1. The Contractor is allowed to sign contracts with subcontractors from the list of subcontractors specified in Specific Terms and Conditions of the Contract to perform the related services mentioned in Electronic Pre-qualification application. The use of subcontractors will not alter the Contractor’s obligations. The Contractor is responsible to the Investor for the quantity, quality, schedule, and other obligations for the part of the work performed by the subcontractor. Replacing or adding subcontractors in the list of subcontractors specified in Electronic Pre-qualification application or changing the content of the subcontract mentioned in Electronic Pre-qualification application can only be done with the Investor's approval; the use of subcontractors must meet the Contractor's needs in performing the contract, and the subcontractor must meet the capacity and experience requirements set by the Contractor. 5.2. The Contractor is responsible for paying the subcontractor fully and on time according to the terms agreed between the Contractor and the subcontractor.
6. Dispute Resolution	6.1. The Investor and the Contractor are responsible for resolving any disputes that arise between the two parties through negotiation and mediation. 6.2. If the dispute cannot be resolved through negotiation or mediation within the time specified in Specific Terms and Conditions of the Contract from the date the dispute arises, either party may request to bring the dispute to be resolved by the mechanism stipulated in Specific Terms and Conditions of the Contract.
7. Scope of Supply	Goods and related services must be supplied as specified in Chapter V.
8. Delivery Schedule, Completion of Related Services (if any), and Documentation	The delivery schedule and completion of related services (if any) must be carried out in accordance with Form 01A (for lump-sum contracts), Form 01B (for unit-price contracts), Form 01C (for mixed contracts), and Form 01D of Chapter IV. The Contractor must provide invoices and other documents as stipulated in Specific Terms and Conditions of the Contract.
9. Contractor Responsibilities	The Contractor must provide all goods and related services (if any) within the scope specified in Section 7 E-ĐKC and according to the delivery schedule, completion of related services as stipulated in Section 8 E-ĐKC.
10. Type of Contract and Contract Price	10.1. Type of contract: as stipulated in Specific Terms and Conditions of the Contract. 10.2. The contract price stipulated in Specific Terms and Conditions of the Contract is the total cost to complete the supply of goods and related services for the package listed in the Contract Price Table, ensuring the progress and quality according to the requirements of the package.
11. Taxes, Fees, and Charges	11.1. The Contractor is responsible for all taxes, fees, and charges incurred until the goods are delivered to the Investor. 11.2. If the Contractor is eligible for tax, fee, or charge exemptions or reductions, the Investor will facilitate the Contractor in applying these tax, fee, or charge policies. 11.3. Tax adjustments will be implemented as stipulated in Specific Terms and Conditions of the Contract.
12. Advance Payment	12.1. The Investor must provide the Contractor with an advance payment as stipulated in Specific Terms and Conditions of the Contract, after the Contractor submits an Advance Payment Guarantee equivalent to the advance amount. The Advance Payment Guarantee must be issued by a credit institution or a branch of a foreign bank established under the laws of Vietnam. 12.2. The Contractor may only use the advance payment for the execution of the Contract. The Contractor must demonstrate that the advance has been used for the correct purpose and correct object by submitting copies of invoices or relevant documents to the Investor.
13. Payment	13.1. The Contractor's payment request must be submitted to the Investor in writing, accompanied by an invoice describing the goods delivered and related services performed, along with documentation as required in Section 9 E-ĐKC and a payment request upon completion of other obligations as specified in the contract. 13.2. Payments will be made in accordance with the provisions of Specific Terms and Conditions of the Contract. 13.3. The currency of payment is VND.
14. Copyright	The copyright of all drawings, documents, and records containing information and data submitted by the Contractor to the Investor remains with the Contractor. In cases where such drawings, documents, and records are provided to the Investor directly or through the Contractor by a third party, the copyright of the drawings, documents, and records belongs to that third party.
15. Use of Documents and Information Related to the Framework Agreement	15.1. The Investor and Contractor must keep confidential any documents, data, or other information related to the contract provided directly or indirectly by one party to the other, and must not disclose such documents, data, or information to any third party without written consent from the other party, regardless of whether the documents, data, or information were provided before, during, or after the completion or termination of the contract. The Contractor may transfer to the subcontractor the appropriate documents, data, and information provided by the Investor for the subcontractor to perform its work under the contract; in this case, the subcontractor must commit to the Contractor to keep those documents, data, or information confidential. 15.2. The Investor may not use the documents, data, and other information received from the Contractor for any other purpose unrelated to the contract. The Contractor may not use the documents, data, and other information received from the Investor for any other purpose unrelated to the execution of the contract. 15.3. The obligations of the Investor and Contractor stipulated in Section 15.1 and Section 15.2 E-ĐKC do not apply to the following information: a) Information that the Investor or Contractor must provide to an authorized authority; b) Information that has been or will be made public not due to any fault of the Investor or Contractor; c) Information owned by one party at the time of disclosure and not provided directly or indirectly by the other party; d) Information lawfully received by one party from a third party who has no obligation of confidentiality.. 15.4. The provisions of Section 15 E-ĐKC do not alter any prior confidentiality commitments made by one party before the date of signing the contract concerning the supply of goods and services. 15.5. The provisions of Section 15 E-ĐKC shall remain in effect after the completion or termination of the contract for any reason.
16. Technical Specifications and Standards	The goods and related services provided under the contract must comply with the technical specifications and standards stipulated in Chapter V; if no specification or standard is mentioned in Chapter V, an equivalent or higher standard that is currently applicable in the country or territory of origin must be followed.
17. Packaging of Goods	17.1. The contractor must package the goods as required to prevent damage during transportation to the project site as stipulated in the contract. During transport, the packaging must be sturdy enough to withstand heavy impacts, extreme temperatures, saltwater, rain, and outdoor conditions. The size and weight of each package must take into account the transportation conditions such as distance, transport mode, and infrastructure conditions from the point of shipment to the project site. 17.2. The packaging, labeling, and documentation for the goods, both inside and outside the packages, must comply with the specific requirements of the contract, including any requirements (if any) stipulated in Specific Terms and Conditions of the Contract and other instructions from the Investor.
18. Insurance	Unless otherwise stipulated in Specific Terms and Conditions of the Contract, the goods provided under the contract must be fully insured against any loss or damage that may occur during production, reception, transportation, storage, and delivery, as stipulated inSpecific Terms and Conditions of the Contract.
19. Transportation and Additional Services	19.1. Transportation requirements and other requirements are stipulated in Specific Terms and Conditions of the Contract. 19.2. The Investor may request the Contractor to provide one or more of the following services, including any services (if any) stipulated in Specific Terms and Conditions of the Contract: a) Installation or supervision of installation at the site, and testing of the goods; b) Provision of necessary tools for assembling and maintaining the goods; c) Provision of detailed instructions for the operation and maintenance of each type of goods; d) Operation, supervision, or maintenance and repair of the goods for the duration agreed upon by the parties, provided that such services do not exempt the Contractor from any warranty obligations under this contract; e) Training the Investor's personnel on the installation, testing, operation, maintenance, and repair of the goods. 19.3. In the case of additional services beyond the contract, the Investor and the Contractor shall negotiate the service fees, ensuring that they do not exceed the rates applied by the Contractor for similar services in other contracts.
20. Penalties and Compensation for Damages	Penalties for breach of contract and compensation for damages are applied as stipulated in Specific Terms and Conditions of the Contract.
21. Warranty	21.1. The contractor guarantees to supply new, unused goods as stated in the proposal. 21.2. The contractor guarantees that the goods are free from defects due to any act or omission by the contractor or due to design, materials, or manufacturing defects when the goods are used under normal conditions in Vietnam. 21.3. The warranty period and the location for applying the warranty are specified in Specific Terms and Conditions of the Contract. 21.4. If any defects in the goods are discovered, the Investor shall promptly notify the Contractor, along with supporting documents. The Investor shall provide the Contractor with an opportunity to inspect these defects. 21.5. Upon receiving the Investor's notice of the defective goods, the Contractor must promptly repair or replace the defective goods within the time specified in Specific Terms and Conditions of the Contract and bear all costs associated with the repair or replacement. 21.6. If notified, but the Contractor fails to repair the defects within the time specified in Specific Terms and Conditions of the Contract, the Investor may proceed with repairs (if necessary). The Contractor must bear all associated risks and costs. The Investor's self-repair of the defects does not affect other rights of the Investor under the contract with the Contractor.
22. Indemnification for Patent Infringement	22.1. Provided that the Investor complies with Section 22.2 E-ĐKC, the Contractor is obligated to indemnify and hold the Investor and its personnel harmless from any lawsuits, administrative proceedings, claims, demands, losses, damages, or expenses, including attorney's fees, arising out of or in connection with any infringement or alleged infringement of any patent, utility model, industrial design, trademark, copyright, or other intellectual property rights registered or existing as of the contract date, related to: a) The installation of goods by the Contractor or the use of goods in Vietnam; b) The sale of products manufactured from the goods. The above indemnification does not apply to cases where the goods or any part of the goods are used outside the purpose specified in the contract or reasonably arising from the contract; violations caused by using the goods or any part of the goods, or any products manufactured from the goods, in combination with other devices, facilities, or materials not supplied by the Contractor under the contract. 22.2. In the event of any lawsuits or claims against the Investor related to the issues stipulated in Section 22.1 E-ĐKC, the Investor must promptly notify the Contractor. The Contractor may, in the name of the Investor, resolve the lawsuit or claim or negotiate to settle the lawsuit or claim, and bear the associated costs. 22.3. Within 28 days of receiving the Investor's notification, if the Contractor does not inform the Investor of its intention to resolve the lawsuit or claim, the Investor may proceed with its own resolution. 22.4. If requested, the Investor will assist the Contractor in resolving the lawsuit or claim and will be reimbursed by the Contractor for all reasonable costs incurred. 22.5. The Investor is obligated to indemnify and hold the Contractor, subcontractors, and the Contractor's personnel harmless from any lawsuits, administrative proceedings, claims, demands, losses, damages, or expenses, including attorney's fees, arising out of or in connection with any infringement or alleged infringement of any patent, utility model, industrial design, trademark, copyright, or other intellectual property rights registered or existing as of the contract date, related to any design, data, drawings, specifications, or documents provided or designed by the Investor or on behalf of the Investor.

23. Changes Related to Legal Aspects	Unless otherwise provided in the contract, from 28 days before the closing date onwards, if any policies are issued, replaced, amended, or declared void in Vietnam, affecting the delivery date and/or contract price, the delivery date or contract price shall be adjusted accordingly to the extent of the contractor's impact while performing the obligations under the contract. The increase or decrease in the contract price shall not be separately paid or recorded as a separate payable item if such adjustment has been stipulated in Section 10 E-ĐKC.
24. Force Majeure	24.1. The contractor will not have their performance security forfeited, will not be liable for compensation for damages, nor be subject to penalties or termination of the contract if force majeure events prevent the contract's progress or the contractor from fulfilling their contractual obligations. 24.2. When a force majeure event occurs, failure by either party to perform any of their obligations shall not be considered a breach or default of the Contract, provided that the affected party: (a) has taken reasonable, prudent preventive measures and necessary alternatives, all aimed at fulfilling the terms and conditions of this Contract, and (b) continues to perform its obligations under the Contract to the extent that such performance is reasonable and feasible. 24.3. In this contract, force majeure refers to events beyond the control of the parties, unforeseeable, unavoidable, and making the contract's execution impossible, not due to negligence or lack of attention by the parties. Force majeure events may include, but are not limited to, war, riots, strikes, fires, floods, epidemics, quarantines, or government policies and regulations. 24.4. When a force majeure event occurs, the affected party must promptly notify the other party in writing of the event and its cause within 14 days from the date of the force majeure event. At the same time, they must submit a certificate of the force majeure event issued by a competent authority in the location where the event occurred. The contractor affected by the force majeure event must continue performing the contractual obligations as circumstances practically allow and must take all reasonable measures to mitigate the consequences of the force majeure event. 24.5. The period by which a party must complete any work under this Contract shall be extended by a period equal to the time that the party was unable to perform the work due to the force majeure event.
25. Adjustment of Contract Execution Schedule	25.1. During contract execution, if adverse conditions arise, hindering the Contractor or subcontractors in providing goods and implementing the related service schedules as stipulated in Section 9 E-ĐKC, the Contractor must promptly notify the Investor in writing about the delay, its cause, and the duration. Based on the Contractor's notice, the Investor shall promptly assess the situation and may consider extending the contract. If the Investor agrees to an extension, the parties shall negotiate to serve as a basis for signing an appendix amending and supplementing the contract. 25.2. Unless in the case of force majeure stipulated in Section 24 E-ĐKC, the Contractor delivering late goods or completing related services late is obligated to compensate the Investor for damages as specified in Section 20 E-ĐKC.
26. Termination of the Framework Agreement(	26.1. Termination of the framework agreement due to violation a) The Investor may terminate part or all of the framework agreement without prejudice to other remedies for breach of the agreement by giving written notice to the Contractor about the breach of the framework agreement in the following cases: (i) The Contractor is unable to deliver goods or part of the goods within the timeframe specified in the contract signed with the procurement units or within the extended period as stipulated in Section 25 E-ĐKC; (ii) The Contractor fails to perform any other obligations under the framework agreement or contract; (iii) The Investor determines that the Contractor violates one of the prohibited acts specified in Article 16 of the Law on Bidding during the bidding process or execution of the framework agreement or contract; b) In the event that the Investor terminates part or all of the framework agreement under point a of this section, the Investor may procure goods and related services similar to those that have not been performed under the appropriate terms and methods. The Contractor shall be liable to compensate the Investor for the additional costs incurred from procuring such similar goods and services. However, the Contractor must continue to perform the part of the framework agreement not terminated. 26.2. Termination of the framework agreement due to insolvency In the event the Contractor becomes bankrupt or insolvent, the Investor may terminate the framework agreement at any time by notifying the Contractor. In this case, the framework agreement shall terminate, and the Contractor shall not be entitled to compensation, provided that such termination does not prejudice or affect any prior or subsequent rights or remedies of the Investor.
27. Export Restrictions	In the event that the country or territory supplying goods or services imposes trade regulations leading to export restrictions, making it difficult for the Contractor to fulfill their contractual obligations, the Contractor is not required to complete the delivery of goods or services, provided that the Contractor submits to the Investor documents proving that all necessary export procedures have been completed, including obtaining licenses or authorizations to export goods or services under the contract. In such cases, the Investor may terminate the contract with the Contractor.

Chapter VII. SPECIFIC CONDITIONS OF THE FRAMEWORK AGREEMENT

Unless otherwise specified, the entire Specific Terms and Conditions of the Contract must be fully completed by the Investor before issuing the Electronic Bidding Document.

E-ĐKC 1.1	Investor:___ [enter name, address, bank account, tax code, phone number, fax, email of the Investor and authorized representative (if any)].
E-ĐKC 1.3	Contractor:___[enter name, address, bank account, tax code, phone number, fax, email of the Contractor].
E-ĐKC 1.11	Project location:___ [enter the name and details of the location].
E-ĐKC 2.2 (i)	The following documents are also part of the framework agreement:___ [list documents].
E-ĐKC 4.1	Notifications should be sent to the Investor at the following address: - Recipient:___ [enter full name of the recipient, if any]. - Address:___ [enter full address]. - Phone:___ [enter phone number, including country and city codes]. - Fax:___ [enter fax number, including country and city codes]. - Email address:___ [enter email address (if any)].
E-ĐKC 5.1	List of subcontractors:__ [enter the list of subcontractors in accordance with the list of subcontractors mentioned in Electronic Pre-qualification application].

E-ĐKC 6.2	Time for mediation:___ [enter the maximum number of days for mediation]. Dispute resolution:___ [specify the time and dispute resolution mechanism based on the scale and nature of the package. Clearly specify the time to submit the dispute resolution request, the organization resolving the dispute (court, arbitration), costs for dispute resolution, etc.].
E-ĐKC 8	The contractor must provide the following information and documents:___ [list the required documents, for example: VAT invoices, transport documents, contractor's or manufacturer's warranty certificates, inspection certificates, packaging lists, certificates of origin, quality certificates, etc.]. The Investor must receive the above information and documents before the goods arrive at the specified location, otherwise the Contractor shall bear all related costs incurred.
E-ĐKC 10.1	Contract type:___[enter the contract type according to the approved contractor selection plan].
E-ĐKC 10.2	Contract price: ___ [enter “Fixed” for lump-sum contracts, fixed-unit price contracts, or “Adjustable” for adjustable unit price contracts in accordance with the contract type specified in Section 10.1 Specific Terms and Conditions of the Contract]. In the event that the contract includes price adjustments, the contract price adjustment shall be made by adjusting the unit price or calculating the contract price adjustment as follows: - The unit price adjustment is made from the time the factor causing the price change occurs and only applies to the volume performed in accordance with the progress recorded in the contract or the progress adjusted according to Section 25 E-ĐKC. No unit price adjustment will be made for the work volume in the contract corresponding to the amount already advanced under the contract; - The contract price will be adjusted for inflation during the contract execution period to reflect changes in labor and material costs. Price adjustments will be calculated according to the following specific formula:______ [specify the price adjustment formula]. [Example of a price adjustment formula: P₁ = P₀ [a + bL₁ + cM₁] - P₀ L₀ M₀ a+b+c = 1 Where: P₁ = Price payable to the contractor after the price adjustment P₀ = Contract price (base price) a = Fixed factor representing profit and general management fees included in the contract price, typically ranging from 5% to 15%. b = Estimated proportion of labor costs in the contract price c = Estimated proportion of material costs in the contract price L₀, L₁ = Respectively, the labor price index applied to the goods manufacturing sector in the country of origin of the goods on the base date and the price adjustment date M₀, M₁ = Respectively, the material price index on the base date and the price adjustment date in the country of origin of the goods In the Bid Submission Form (HSDT), the contractor must specify the source of those indices, exchange rate information (if applicable), and the values of the indices on the base date. The factors a, b, and c will be determined by the Investor as follows: a = [enter the factor value] b= [enter the factor value] c= [enter the factor value] Base date = 28 days before the bidding closing date. Price adjustment date = [enter number of weeks] weeks before the shipment date (usually corresponding to when the production process is halfway completed). Price adjustment conditions: (i) Price adjustment is not permitted beyond the original delivery period. Generally, price adjustment is not applied for any delay period for which the Contractor is fully responsible. (ii) If the currency of contract price P₀ differs from the currency in which labor and material indices are quoted, a conversion factor will be applied to avoid errors in price adjustment calculation. The conversion factor is calculated as follows: Z = Z₀/Z₁ Where: Z₀ = The number of units of the currency in which the indices are quoted equivalent to one unit of the contract price currency P₀ on the base date; Z₁ = The number of units of the currency in which the indices are quoted equivalent to one unit of the contract price currency P₀ on the price adjustment date. (iii) The amount corresponding to the advance payment made to the Contractor will not be subject to price adjustment].
E-ĐKC 11.3	Tax adjustment: ___ [enter “Allowed” or “Not Allowed”. In case tax adjustment is allowed, enter: “During contract execution, if tax policies change (increase or decrease) at the time of payment and the contract allows for tax adjustment, and the contractor presents documents clearly identifying the tax difference, the difference in tax policy will be adjusted according to the provisions of the contract.”].
E-ĐKC 12.1	Advance Payment: ____ [specify the advance payment amount, supporting documents for the advance, method of advance payment… in accordance with legal regulations. The Contractor shall present an advance payment guarantee according to Form No. 20 Part 4 or another form approved by the Investor. For the production of large-value components, semi-finished products, or materials that need to be seasonally stocked, the contract must clearly specify the advance payment plan and amount to ensure contract progress].
E-ĐKC 13.2	Payment Method: ___ [define specific details based on the nature and requirements of the bidding package. Payment to the Contractor may be arranged via bank transfer, with multiple installments during implementation or a single payment upon contract completion.The payment term may allow immediate payment or within a specified number of days after the Contractor submits all required documents. Additionally, specific payment documentation requirements must be outlined in compliance with legal regulations.The Contractor shall receive full payment for the contract price upon completing all contractual obligations. If the actual work volume is less than specified in the contract, the parties shall sign an appendix to the contract specifying a new contract price corresponding to the actual work volume]. The Contractor shall receive full payment for the contract price upon completing all contractual obligations. If the actual work volume is less than specified in the contract, the parties shall sign an appendix to the contract specifying a new contract price corresponding to the actual work volume].
E-ĐKC 17.2	Packaging, labeling for goods, and documents inside and outside the package: ____ [specify specific requirements on packaging, labeling on the packaging, and necessary documents].
E-ĐKC 18	Insurance Content:____ [specify detailed requirements on insurance, including coverage, currency type, and insurance amount].
E-ĐKC 19.1	Responsibility for Goods Transport shall be as follows: [Investor or specify “According to the contract, the Contractor must transport goods to the project site. Transporting goods to the project site, including insurance and warehousing as specified in the contract, shall be carried out by the Contractor; related costs are included in the contract price”; or specify other commercial terms mutually agreed upon by both parties (including detailing the respective responsibilities of the Investor and Contractor)].
E-ĐKC 19.2	Services include:_______ [specify detailed services].
E-ĐKC 20	Based on the scale, nature, and requirements of the bidding package, specify the content in one of the following ways: - Apply only contract violation penalties. - Apply only damage compensation. - Apply both contract violation penalties and damage compensation. 1. Contract violation penalty:___ [specify “Applicable” or “Not applicable”]. If a contract violation penalty applies, specify as follows: Except for force majeure cases as provided in Clause 24 of E-ĐKC, if the Contractor cannot deliver goods or provide related services by the deadline specified in the contract, the Investor may deduct a penalty from the contract price equivalent to:_____%/week (or day, month...) [specify the deduction percentage for delayed goods or services] until that work is completed. The Investor will deduct up to ____ % [specify maximum penalty rate]. Upon reaching the maximum penalty rate, the Investor may consider terminating the framework agreement as specified in Clause 26 of E-ĐKC. 2. Damage compensation:___ [specify “Applicable” or “Not applicable”]. If damage compensation applies, specify it in one of the following ways: - Compensation based on total actual damages; - Compensation based on a defined rate. In this case, specify the compensation rate, method… in accordance with civil law.
E-ĐKC 21.3	The warranty period is:______ days [specify number of days]. The location(s) where the warranty is applicable: ____ [specify one or more locations].
E-ĐKC 21.5 E-ĐKC 21.6	The repair or replacement period is:_____ days [specify number of days].

Chapter VIII. FRAMEWORK AGREEMENT

Number: ..................
Pursuant to the Law on Bidding dated 23 June 2023;
Based on…
Based on Electronic Bidding Document, Electronic Pre-qualification application and contractor selection results....
Today, the day month year , at ................, we, the undersigned, include:
I. Centralized Procurement Unit:
Unit name:
........................................................................................................................
Establishment Decision:
.........................................................................................................
Tax Code:
.......................................................................................................................
Representative:
........................................................., position .............................................
II. Goods Supplier:
Supplier name:
........................................................................................................................
Establishment Decision:
.........................................................................................................
Tax Code:
.......................................................................................................................
Representative:
........................................................., position .............................................
Both parties agree to enter into a centralized procurement framework agreement with the following terms:
Article 1. Scope of Goods Supply
1. Name of goods (model, code, origin of goods as per the scope of supply chart).
2. Goods quantity table.
Article 2. List of agencies, organizations, units directly using goods.
Article 3. Goods Pricing
Unit price, corresponding goods price for each type of goods in Article 1 of the Contract.
Article 4. Payment
Article 5. Termination of the framework agreement
Article 6. Time and place of goods delivery (estimated)
1. Goods delivery time.
2. Goods delivery location.
Article 7. Warranty, maintenance; training and user instructions for goods
1. Warranty and maintenance conditions.
2. Training and user instructions for goods.
Article 8. Rights and obligations of the related parties
1. Rights and obligations of the goods supplier.
2. Rights and obligations of the contracting unit directly signing and using goods.
3. Rights and obligations of the centralized procurement unit.
Article 9. Duration of validity of the framework agreement.
Article 10. Penalties for breaching the framework agreement.
Article 11. Other related provisions.
This framework agreement is made in ......... copies, each with equal legal validity; the centralized procurement unit, and the goods supplier (each party retains 2 copies); related parties (each party retains 1 copy).
This framework agreement serves as the basis for agencies, organizations, and units directly using the goods to enter into procurement contracts with the goods supplier..
(Depending on the scale and nature of the package, the centralized procurement unit may modify the content of the framework agreement accordingly)

REPRESENTATIVE OF GOODS SUPPLIER
(Signature, full name, and seal)

REPRESENTATIVE OF CENTRALIZED PROCUREMENT UNIT
(Signature, full name, and seal)

Part 4. CONTRACT FORMS

This section includes forms that, upon completion, become part of the Contract. The Performance Guarantee form and Advance Payment Guarantee form are to be filled and completed by the awarded Contractor after the contract award.

Form No. 17

LETTER OF ACCEPTANCE OF Electronic Pre-qualification application AND CONTRACT AWARD

____, day ____ month ____ year ____
To: ______ [enter name and address of the awarded Contractor] (hereinafter referred to as “Contractor”)
Subject: Notification of Electronic Pre-qualification application acceptance and contract award
Pursuant to Decision No.___ dated___ month___ year___ by ______ [enter name of the investor] (hereinafter referred to as “Investor”) on the approval of contractor selection results for the package______ [enter package name and number], the Bidder______ [enter name of the Bidder] (hereinafter referred to as “Bidder”) hereby informs: The Investor has accepted the Electronic Pre-qualification application and awarded the contract to the Contractor to execute package____ [enter package name, number. If the package is divided into parts, enter the name and number of the part awarded to the Contractor] at a contract price of _____ [enter awarded price as stated in the approval decision] with an execution period of___ [enter the contract execution period as stated in the approval decision].
The Contractor’s authorized representative is requested to proceed with contract completion and signing with the Investor and the Bidder as per the following schedule:
- Contract completion time:___ [enter contract completion time], at location____ [enter contract completion location];
- Contract signing time:___ [enter contract signing time], at location____ [enter contract signing location], with the Draft Contract attached.
The Contractor is requested to provide contract performance security as per Form No. 19 in Part 4 of the Electronic Bidding Document with the amount of___ and validity period of___ [enter corresponding amount and validity period as specified in Section 5.2 of Specific Terms and Conditions of the Contract in the Electronic Bidding Document].
This document is an integral part of the contract documentation. Upon receiving this notification, the Contractor must submit written consent for contract completion and signing, and provide contract performance security as required. The Contractor must also affirm that its current capability meets the Electronic Bidding Document requirements. The Investor will reject the contract completion and signing if the Contractor’s current capability does not meet the package’s execution requirements.
If by the date___ month___ year___⁽¹⁾ the Contractor fails to proceed with contract completion and signing or refuses to do so, or does not provide the required contract performance security, the Contractor will be disqualified and will forfeit the bid security.

Legal Representative of the Bidder
[enter name, position, sign, and seal]

Note:
(1) Enter a date that matches the time stipulated in the Bid Security Form.

Form No. 18

CONTRACT⁽[12]⁾

____, day ____ month ____ year ____
Contract No.: _________
Package: ____________ [enter package name]
Under Project: _________ [enter project name]
- Pursuant to⁽²⁾ ___ (Civil Code dated November 24, 2015);
- Pursuant to⁽²⁾ ____ (Bidding Law dated June 23, 2023);
- Pursuant to Decision No. ____ dated ____ month ____ year ____ by ____ on the approval of contractor selection results for package ____ [enter package name] and the Notice of Acceptance of Electronic Pre-qualification application and contract award No. ____ dated ____ month ____ year ____ by the Bidder;
- Pursuant to the negotiation minutes (if any) and contract finalization signed by the Bidder and the awarded contractor on ____ month ____ year ____;
We, the representatives of the contracting parties, include:
The Investor (hereinafter referred to as Party A)
Investor’s Name:____________________________________________
Address:__________________________________________________
Phone:________________________________________________
Fax:_____________________________________________________
E-mail:___________________________________________________
Account:________________________________________________
Tax Code:________________________________________________
Representative: Mr./Ms.__________________________________________
Position:_________________________________________________
Power of Attorney No. ___ dated ___ month ___ year ___(in case of authorization).
Contractor (hereinafter referred to as Party B)
Contractor’s Name:______________________________________________
Address:__________________________________________________
Phone:________________________________________________
Fax:_____________________________________________________
E-mail:___________________________________________________
Account:________________________________________________
Tax Code:_______________________________________________
Representative: Mr./Ms.__________________________________________
Position:_________________________________________________
Power of Attorney No. ____ dated ____ month ____ year ____ (in case of authorization).
The two parties agree to sign the contract for the provision of goods with the following terms:
Article 1. Contract Subject
The subject of the contract is the goods specified in detail in the attached Annex.
Article 2. Contract Components
The components of the contract and their order of legal precedence are as follows:
1. Contract document (including Scope of Supply and pricing table along with other Annexes);
2. Negotiation minutes (if any), contract finalization;
3. Decision on approval of contractor selection results;
4. E-Specific Contract Conditions of the contract;
5. E-General Contract Conditions of the contract;
6. E-Bid Documents and accompanying documents of the successful bidder (if any);
7. Electronic Bidding Document and amendments to the Electronic Bidding Document (if any);
8. Other accompanying documents (if any).
Article 3. Responsibilities of Party A
Party A commits to pay Party B the contract price specified in Article 5 of this contract as stipulated in the specific conditions of the contract, as well as to fully fulfill all obligations and responsibilities as outlined in the general and specific conditions of the contract.
Article 4. Responsibilities of Party B
Party B commits to provide Party A with all goods as stipulated in Article 1 of this contract, and further commits to fully fulfill all obligations and responsibilities as outlined in the general and specific conditions of the contract.
Article 5. Contract Price and Payment Method
1. Contract Price: [specify value in figures, in words, and the contract currency].
2. Payment Method: Payment in accordance with Section 14.2 E-Specific Contract Conditions.
Article 6. Type of Contract
Type of Contract: as per conditions in E-Specific Contract Conditions.
Article 7. Contract Duration: ____ [specify contract duration in accordance with Section 9 E-General Contract Conditions, E-Bidding Documents, and the outcome of negotiations (if any), finalizing the contract between both parties].
Article 8. Contract Validity
1. The contract is effective from ___ [specify the contract’s effective date].
2. The contract ceases to be effective after both parties conduct contract liquidation as per the law.
The contract is made in __ copies, Party A keeps __ copies, and Party B keeps ___ copies, all of which hold the same legal value.

LEGAL REPRESENTATIVE OF THE CONTRACTOR
[write name, position, sign and stamp]

LEGAL REPRESENTATIVE OF THE INVESTOR
[write name, position, sign and stamp

CONTRACT PRICE APPENDIX

(Attached to contract number _____, dated ____ month ____ year ____)

This appendix is prepared based on the contractor's bid price quotation according to the corresponding bid price forms specified in the E-Bidding Documents and agreements reached during negotiation (if any), finalizing the contract, which includes unit prices and total prices for each item and content of work.

Form No. 19

PERFORMANCE GUARANTEE

____, date ____ month ____ year ____

To: _____ [write name of Investor] (hereinafter referred to as "Investor")
At the request of ____ [write name of Contractor] (hereinafter referred to as "Contractor") who has won the bid for package ____ [write name of package] and has committed to enter into a contract to supply goods for the above package (hereinafter referred to as "Contract"); ⁽¹⁾
According to the provisions in the E-Bidding Documents (or contract), the Contractor is required to submit to the Investor a guarantee from a bank with a specified amount to secure its obligations and responsibilities in performing the contract;
We, ____ [write name of bank] with registered headquarters at ____ [write bank address⁽²⁾] (hereinafter referred to as "Bank"), hereby commit to guarantee the Contractor’s performance of the contract with the amount of ____ [state corresponding value in numbers, words, and currency as stipulated in Section 5.2 of the E-Specific Contract Conditions of the E-Bidding Documents]. We undertake to pay unconditionally, irrevocably to the Investor any amount within the limit of ____ [write guarantee amount] as stated above, upon the Investor’s notification that the Contractor has breached the contract within the validity period of this performance guarantee.
This guarantee is valid from the issuance date until ____ month __ year __.⁽³⁾

Legal Representative of the Bank
[write name, position, sign and stamp]

Notes:
(1) If the bank guarantee requires a signed contract to issue a guarantee, the Procuring Entity shall report to the Investor for consideration and decision. In this case, the above paragraph may be modified as follows:
"At the request of ____ [write name of Contractor] (hereinafter referred to as "Contractor") who has won the bid for package ____ [write name of package] and signed contract number__ [write contract number] on__ day___ month___ year___ (hereinafter referred to as "Contract")."
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) Enter the validity period in accordance with the requirements specified in Section 5.2 of the E-Specific Contract Conditions.

Form No. 20

ADVANCE PAYMENT GUARANTEE ⁽¹⁾

____, date ____ month ____ year ____

To: ___ [write the name of the Investor] (hereinafter referred to as “Investor”)
[write contract name, contract number]

According to the advance payment clause stated in the specific conditions of the contract, ___ [write the name and address of the contractor] (hereinafter referred to as “Contractor”) is required to submit to the Investor a bank guarantee to ensure that the contractor uses the advance payment amount of ___ [state the value in numbers, words, and currency used] for the performance of the contract;
We, ____ [write the name of the bank] with registered headquarters at ___ [write the address of the bank⁽²⁾] (hereinafter referred to as “Bank”), at the request of the Investor, unconditionally, irrevocably, and without prior review by the contractor, agree to pay the Investor upon request any amount not exceeding ___ [state the value in numbers, words, and currency used as stipulated in Section 13.1 of the E-Specific Contract Conditions of the E-Bidding Documents].
Furthermore, we agree that changes, additions, or adjustments to the conditions of the contract or any documents related to the contract signed between the Contractor and the Investor will not affect any of our obligations under this guarantee.
This guarantee is valid from the date the contractor receives the advance payment according to the contract until ___ day ___ month ___ year ⁽³⁾.
Legal representative of the bank
[write name, position, sign, and stamp]
Notes:
(1) Based on the specific conditions of the package that meet the requirements stipulated in Section 13.1 of the E-Specific Contract Conditions.
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) Delivery date stipulated in the contract. If partial delivery, the advance payment guarantee can expire when the value of goods delivered and accepted is equal to or greater than the advance payment amount. If an extension of the contract term is required, the advance payment guarantee's validity must also be extended accordingly.

Form No.21

POWER OF ATTORNEY⁽¹⁾

Today, day ____ month ____ year ____, at ____

I am ____[write name, ID or passport number, title of the legal representative of the contractor], as the legal representative of ____ [write contractor’s name] located at ____ [write contractor's address], hereby authorize ____ [write name, ID or passport number, title of the authorized person] to perform the following tasks in the bidding process for package ____ [write package name] of the project/procurement plan ____ [write project/procurement plan name] organized by ____ [write name of the Investor]:
[- Participate in the negotiation and completion of the contract;
- Sign the contract with the Investor if selected]⁽²⁾.
The above-mentioned authorized person shall only perform the tasks within the scope of authorization as the legal representative of ____ [write contractor's name]. ____ [write the name of the legal representative of the contractor] is fully responsible for the tasks performed by ____ [write the name of the authorized person] within the scope of authorization.
This Power of Attorney is effective from ____ to ____⁽³⁾. This Power of Attorney is made in ____ copies, each of equal legal validity, with the authorizer holding ____ copies, the authorized person holding ____ copies, and the Procuring Entity holding ____ copies.

Authorized Person
[write name, title, sign, and stamp (if any)]
stamp (if any)]

Authorizing Person
[write the name of the contractor's legal representative, title, sign, and stamp]

Note:
(1) In the case of authorization, the original authorization document must be submitted to the Procuring Entity during contract negotiation (if any) and contract signing. The authorization from the contractor's legal representative to a deputy, subordinate, branch manager, or the head of the contractor's representative office, allows them to perform one or multiple tasks as specified. The seal used in case of authorization may be that of the contractor or the unit for which the individual is authorized. The authorized person is not permitted to re-authorize another individual.
(2) The scope of authorization includes one or multiple tasks as specified above.
(3) Indicate the effective date and expiration date of the authorization document to align with the contract negotiation (if any) and contract signing, ensuring that the effective date precedes the execution of authorized tasks.

[1] If centralized procurement using framework agreements is applied, this section should be omitted.

[2] If centralized procurement does not apply or does apply but without a framework agreement, omit this section.

[3] Insurance for related service items, such as installation insurance, repair insurance, etc.

[4] For centralized procurement of goods where contractor selection is based on supply capability, this content is displayed in the Electronic Financial Proposal opening minutes.

[5] This content is evaluated only for contractors who are public service units.

[6] Contractors as non-public service units established in accordance with the law must meet the conditions outlined in Section 5 Electronic Competitive Dialogue and Negotiated Tendering.

[7] If this method is applied, delete Section 3.2, Chapter 3 of this document.

[8] If this method is applied, delete Section 3.1, Chapter 3 of this document.

[9] If this method is applied, delete Sections 4.2 and 4.3, Chapter 4 of this document. For centralized procurement packages applying contractor selection based on supply capability, use the lowest price method.

[10] If this method is applied, delete Sections 4.1 and 4.3, Chapter 4 of this document.

[11] If this method is applied, delete Sections 4.1 and 4.2, Chapter 4 of this document.

^([12]⁾ Based on the scale and nature of the procurement package, the contract content of this template may be modified or supplemented as appropriate, especially for contents negotiated (if any) that differ from Specific Terms and Conditions of the Contract.
⁽²⁾ Update legal documents according to current regulations.

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Documents of the Same Type "Circulars"

Code

Publtime

Summary

Code:3C

Publtime:31/12/2024

Form No. 3C used to make a report on the evaluation of contractor selection results

Form No. 3C used to make a report on appraisal of contractor selection results.

Code:3B

Publtime:31/12/2024

Form No. 3B used to make a list of contractors' lists

Form No. 3B is used to make a report on appraisal of contractors to meet the technical requirements for the bidding package to apply the method of one phase of two dossiers, the bidding package applies the form of online price welcome according to the usual process;

Code:3A

Publtime:31/12/2024

Form No. 3A used to make a report on appraisal of bidding documents

Code:09/2024/TT-BXD

Publtime:30/08/2024

Circular 09/2024/TT-BXD

Circular No. 09/2024/TT-BXD of the Ministry of Construction: Amending and supplementing a number of construction norms issued in Circular No. 12/2021/TT-BXD dated August 31, 2021 of the Minister of Construction

Code:12/2021/TT-BXD

Publtime:31/08/2021

Appendix VIII attached to Circular 12/2021/TT-BXD

Appendix VIII attached to Circular No. 12/2021/TT-BXD dated August 31, 2021 of the Minister of Construction

Documents of the Same Field "Đấu thầu"

Code

Publtime

Summary

Code:06/2024/TT-BKHĐT

Publtime:26/04/2024

Circular 06/2024/TT-BKHDT

Instructions for submitting and posting bidder selection and bidding document templates on the National Bidding System

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.

Code:1C

Publtime:15/02/2024

Form 01C

Form No. 01C is used to prepare the Decision approving the master plan for contractor selection.

Documents of the Same Issuing Authority "Ministry of Planning and Investment"

Code

Publtime

Summary

Code:3C

Publtime:31/12/2024

Form No. 3C used to make a report on the evaluation of contractor selection results

Form No. 3C used to make a report on appraisal of contractor selection results.

Code:3B

Publtime:31/12/2024

Form No. 3B used to make a list of contractors' lists

Code:3A

Publtime:31/12/2024

Form No. 3A used to make a report on appraisal of bidding documents

Code:1D

Publtime:31/12/2024

Form 1D used to make a dossier of request for consulting service bidding package

Form 1D is used to make a dossier of request for consulting service bidding package.

Code:1C

Publtime:25/02/2025

Form No. 1C used to make a dossier to request a non -advisory service bidding package

Form No. 1C used to make a dossier of request for non -advisory service bidding package;

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Form No. 4B

10.1. The E-Technical Proposal (Electronic Technical Proposal) must include the following components:

a) The Bid Form in the E-Technical Proposal (Electronic Technical Proposal), which is extracted by the System in accordance with Section 11 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering);

b) The joint venture agreement extracted by the System according to Form No. 03, Chapter IV (for joint venture bidders);

c) Bid security as prescribed in Section 18 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering);

d) Declaration of the bidder's capacity and experience as prescribed in Section 16 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering);

đ) Technical proposal and documentation as prescribed in Section 15 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering);

e) Alternative technical proposal in the E-Bid as prescribed in Section 12 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering) (if any).

10.2. The E-Financial Proposal (Electronic Financial Proposal) must include the following components:

a) The bid form in the E-Financial Proposal (Electronic Financial Proposal) extracted by the System in accordance with Section 11 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering);

b) Financial proposal and forms fully filled out as prescribed in Sections 11 and 13 of the E-Procurement Document (Electronic Competitive Dialogue and Negotiated Tendering).

Form No. 09B. List of Subsidiaries and Member Companies Responsible for the Contract Work

AGREEMENT DOCUMENT

LIST OF SUBSIDIARIES AND AFFILIATES

ASSUMPTION OF WORK PORTION OF THE CONTRACT PACKAGE(1)

1.1. “Investor” is the entity specified in E-DKCT;

1.2. “Contract” is the agreement between the Investor and the Contractor, documented in writing, signed by both parties, including annexes and accompanying documents;

1.3. “Contractor” is the successful bidder (either an independent contractor or a consortium) as specified in E-DKCT;

1.5. “Contract documents” are the documents listed in the Contract, including any amendments and supplements to the Contract;

1.6. “Contract price” is the total amount stated in the contract for the supply of goods and related services. The contract price includes all costs for taxes, fees, and charges (if any);

1.7. “Day” refers to a calendar day; “year” refers to 365 days;

1.8. “Goods” include machinery, equipment, raw materials, fuel, materials, supplies, spare parts; products; vehicles; consumer goods; drugs, chemicals, testing materials, medical equipment; commercial software.;

1.9. “Related services” include services such as installation, maintenance, initial repairs, installation insurance, repair insurance, or other after-sales services such as training, technology transfer...;

1.10. “Completion” refers to the Contractor's fulfillment of related services as per the terms and conditions stipulated in the Contract;

1.11. “Project site” is the location specified in E-DKCT.

The Contractor affected by the force majeure event must continue to fulfill its contractual obligations as allowed by actual circumstances and must take all reasonable measures to mitigate the consequences of the force majeure event.

1.1. “Investor” is the organization specified in Specific Terms and Conditions of the Contract;

1.2. “Framework Agreement” is the agreement between the Investor and the Contractor, documented in writing, signed by both parties, including appendices and attached documents;

1.3. “Contractor” is the winning contractor (can be an independent contractor or a consortium) as specified in Specific Terms and Conditions of the Contract;

1.5. “Contract Documents” are the documents listed in the Contract, including any amendments or supplements;

1.6. “Contract Price” is the total amount stated in the contract for the supply of goods and related services. The contract price includes all costs of taxes, fees, and charges (if any);

1.7. “Day” means calendar day; “year” means 365 days;

1.8. “Goods” include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumables; pharmaceuticals, chemicals, testing supplies, medical devices; commercial software;

1.9. “Related Services” include services such as installation, maintenance, initial repair, installation insurance, repair insurance, or provision of other after-sales services such as training, technology transfer…;

1.10. “Completion” is when the Contractor has completed the related services according to the terms and conditions stipulated in the Contract;

1.11. “Project Site” is the site specified in Specific Terms and Conditions of the Contract.

The contractor affected by the force majeure event must continue performing the contractual obligations as circumstances practically allow and must take all reasonable measures to mitigate the consequences of the force majeure event.

POWER OF ATTORNEY(1)

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ASSUMPTION OF WORK PORTION OF THE CONTRACT PACKAGE⁽¹⁾

POWER OF ATTORNEY⁽¹⁾