Costs of Online Bidders and Investors Selection as per Circular 05/2024/TT-BKHĐT

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Issuance of Circular 05/2024/TT-BKHĐT

On April 19, 2024, the Ministry of Planning and Investment (MPI) issued Circular 05/2024/TT-BKHĐT, regulating the management and use of costs in selecting Bidders and investors on the National E-Procurement System.

Circular 05/2024/TT-BKHĐT contains 4 Chapters and 10 Articles, covering the principles of collection, expenditure, collection levels, collection organization, payment of costs, and management of collected costs...
Circular 05/2024/TT-BKHĐT takes effect from the date of signing (April 19, 2024) and will terminate the effectiveness of Circular No. 06/2021/TT-BKHĐT - Detailed regulations on collection, payment, management, and use of costs for registration, information posting, and Bidder and investor selection on the National E-Procurement System, the Bidding Newspaper.

Regulations on Fee Levels for Selecting Bidders and Investors

According to Article 4 of Circular 05/2024/TT-BKHĐT, the fee levels for selecting Bidders and investors are specified as follows:

1. Maintenance Fee for Bidder's Name and Capability Profile

The maintenance fee for the Bidder's and investor's name and capability profile on the System is 330,000 VND per year (including VAT). Investors pay this fee from the second year onwards after registering to participate in the System.

2. Bid Submission Fee

The fee for submitting bids on the System follows the provisions of Point b, Clause 11, Article 12 of Decree No. 24/2024/ND-CP, specifically as follows:

The fee for submitting bids on the National E-Procurement System is:

• 330,000 VND per package (including VAT) for open bidding, limited bidding, and online quoting under the standard procedure.
• 220,000 VND per package (including VAT) for competitive bidding.

3. Fee for Winning Bidders

The fee for the winning Bidder of a package under open bidding, limited bidding, competitive bidding, and online quoting under the standard procedure, applied to online bidding, follows the provisions of Point c, Clause 11, Article 12 of Decree No. 24/2024/ND-CP, as follows:

c) The fee for the winning Bidder of a package under open bidding, limited bidding, competitive bidding, and online quoting under the standard procedure, applied to online bidding as follows:

 

For non-divided packages: calculated at 0.022% of the winning bid but not exceeding 2,200,000 VND (including VAT).

 

For packages divided into multiple parts: the total fee for all winning Bidders does not exceed 2,200,000 VND (including VAT). If 0.022% of the total winning bid is less than or equal to 2,200,000 VND, the fee for each winning Bidder is calculated at 0.022% of the total winning value for the parts won. If 0.022% of the total winning bid exceeds 2,200,000 VND, the fee for each winning Bidder is calculated as follows:

 

Winning Bidder fee (including VAT) = 2,200,000 VND x (total winning value for the parts won by the Bidder/total winning bid value of the package);

4. Electronic Bid Security Connection Fee

The electronic bid bond connection fee between the System and domestic credit institutions, foreign bank branches established under Vietnamese law, domestic non-life insurance companies, and branches of foreign non-life insurance companies established under Vietnamese law is regulated according to Point d, Clause 11, Article 12 of Decree No. 24/2024/ND-CP. Specifically as follows:

d) The electronic bid bond connection fee between the National E-Procurement System and domestic credit institutions, foreign bank branches established under Vietnamese law, domestic non-life insurance companies, and branches of foreign non-life insurance companies established under Vietnamese law is determined based on an agreement between the operating and supervising unit of the National E-Procurement System and these organizations and enterprises.

Regulations on Payment of Costs in Selecting Bidders and Investors

Based on Article 6 of Circular 05/2024/TT-BKHĐT, the regulations on the payment of costs in selecting Bidders and investors are as follows:

1. For Maintenance Fees of Bidder's and Investor's Name and Capability Profile on the System

 

a) The fee must be paid before April 1 each year (except for the year of registration on the System).

 

If the Bidder's or investor's account status on the System is temporarily suspended for the entire year (from January 1 to December 31 of that year), the Bidder or investor is not required to pay this fee. For the year 2024, the payment deadline is before July 1, 2024.

 

b) If the Bidder or investor pays the maintenance fee for multiple years (up to 5 years), the fee will be deducted accordingly each year. If the account status of the Bidder or investor on the System is temporarily suspended for the entire year (from January 1 to December 31 of the suspended year), the remaining fee will be preserved and automatically deducted for the following years after the Bidder or investor's account is restored on the System.

 

c) If a Bidder is also an investor, only the maintenance fee for the name and capability profile on the System as a Bidder is required.

 

2. For Bid Submission Fees, the Payment Deadline is a Maximum of 14 Days from the Bid Opening Date.

 

3. For Fees of Winning Bidders, the Payment Deadline is a Maximum of 30 Days from the Date the Bid Selection Results are Posted on the System.

 

If the winning Bidder does not sign the contract, the Bidder must notify the National E-Procurement Center and the e-GP Project Enterprise within 30 days from the date the bid selection results are posted on the System so that the e-GP Project Enterprise can refund this fee to the Bidder.