Does forgetting to pay the maintenance fee on muasamcong ensure eligibility?

Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt

What does a contractor need to ensure eligibility?

Article 5. Eligibility of contractors and investors
1. Contractors and investors that are organizations are eligible when they fully meet the following conditions:
a) Have registration of establishment and operation issued by the competent authority of the country in which the contractor or investor is operating;
b) Independent financial accounting;
c) Not in the process of dissolution; not be found to be in a state of bankruptcy or unable to pay debts according to the provisions of law;
d) Registered on the national bidding network system;
d) Ensuring competition in bidding according to the provisions of Article 6 of this Law;
e) Not being banned from bidding;
g) Being on the short list in case the short list has been selected;
h) Must enter into a joint venture with a domestic contractor or use domestic subcontractors for foreign contractors when participating in international bidding in Vietnam, unless the domestic contractor is not qualified to participate in any Which part of the bidding package?

Eligibility for individual contractors and investors is specified in Point 2, Article 5 of the 2013 Bidding Law as follows:

2. Contractors and investors are individuals with valid status when they fully meet the following conditions:
a) Have full civil act capacity according to the laws of the country of which the individual is a citizen;
b) Have appropriate professional certificates according to the provisions of law;
c) Register legal operations according to the provisions of law;
d) Not being prosecuted for criminal liability;
d) Not being banned from bidding.

Thus, for contractors and investors with legal status, it is necessary to register as contractors and investors on the National Bidding System (muasamcong), this is also realized. in the regulations of bidding document templates issued by the Ministry of Planning and Investment.

Forgot to pay the maintenance fee on muasamcong, does that guarantee eligibility?

The cost of maintaining names and capacity profiles of contractors and investors on the System is 550,000 VND/year (including value added tax). Many contractors and investors (including bidding parties) often forget to pay this maintenance fee on the System. There have been many cases where contractors forgot to pay this fee until they participated in the bid or after paying the bid, only to realize that they had forgotten to pay the maintenance fee. So how to handle these cases? To find the answer, we divide into two situations as follows:

• Situation 1: occurs for non-online bidding: Contractors are required to register on the national bidding system to ensure eligibility as prescribed in Point d, Clause 1, Article 5 of the Law on Bidding. bidding (Compulsory requirement compared to before, only needing to register before being considered for winning the bid).
• Situation 2: occurs for online bidding: After the prescribed cost payment deadline expires, if the contractor does not pay the costs, the contractor's account on the System will be switched to a suspended state and the contractor will not be able to pay. are allowed to carry out related transactions on the System until the responsibility to pay costs according to regulations is completed. This means that contractors will not be able to submit bids and perform other operations on the system.

Maximum time to pay fees on muasamcong

• For registration fees to participate in the System, the maximum payment deadline is 14 days from the date of approval for registration on the System;
• For the cost of maintaining the contractor's name and capacity profile on the System, the deadline is April 1 every year (except for the year of registration on the System); Contractors do not have to pay the cost of maintaining their name and capacity profile on the System for the years in which the contractor's account status is officially announced to be suspended for the entire year (from January 1 to the end of January 2019). December 31 of that year);
• In case the contractor submits the cost of maintaining the name and capacity profile on the System for many years (maximum 05 years), the amount will be deducted accordingly for each year; During that time, if the contractor registers to suspend his account on the System for the whole year (from January 1 to December 31 of the registration year), the remaining paid amount will be reserved and is automatically deducted for the following years after the contractor registers to restore the account on the System;
• For costs of submitting bids and proposals, the maximum submission deadline is 14 days from the date of bid opening;
• For costs of the winning bidder, the maximum payment deadline is 14 days from the date of signing the contract;
• For costs using electronic contracts, the maximum submission deadline is 14 days from the date the electronic contract is digitally signed by the parties on the System. In case the contractor does not choose to use the Electronic Contract service, he/she does not have to pay this fee.