Circular No. 01/2024/TT-BKHĐT guiding the provision and publication of information on the selection of contractors and bidding documents on the National Bidding Network System

CIRCULAR

Guidelines for providing and publishing information on selecting contractors and bidding documents on the National Public Procurement System
and the bidding dossier template on the National Procurement System Network

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Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to Decree No. 130/2018/ND-CP dated September 27, 2018 of the Government detailing the implementation of the Electronic Transactions Law regarding digital signatures and digital signature certification services;

Pursuant to Decree No. 01/2021/NĐ-CP dated January 4, 2021 of the Government on business registration;

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Article 1. Scope of Application

The Minister of Planning and Investment issues this Circular guiding the provision and publication of information on selecting contractors and bidding document templates on the National Public Procurement System.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the provision and publication of information on selecting contractors and bidding document templates, including:

a) Templates for preparing, reviewing, and approving comprehensive plans for contractor selection and plans for contractor selection for projects and procurement budgets as stipulated in Article 1 and Article 2 of the Bidding Law;

b) Bidding document templates on the National Public Procurement System for tender packages involving consulting services, non-consulting services, goods, construction works, and drug purchases regulated by the Bidding Law, conducted through open bidding, restricted bidding, and domestic competitive bidding in one-stage one-envelope and two-stage two-envelope procedures.

Article 2. Applicability

1. Organizations and individuals related to the selection of contractors within the scope regulated by Article 1 of this Circular.

2. Organizations and individuals engaging in contractor selection activities not within the scope of regulation as specified in Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the implementation process shall follow Guidelines for Use on the National Public Procurement Network System.

Article 3. Explanation of Terms

1. The National E-Government Procurement System (hereinafter referred to as the System), which is an information technology system established and managed by the Ministry of Planning and Investment according to Clause 18, Article 4 of the Bidding Law, available at https://muasamcong.mpi.gov.vn.

2. National Business Registration Information System which is a specialized business registration information system as stipulated in Clause 2, Article 3 of Decree No. 01/2021/NĐ-CP dated January 4, 2021 of the Government on business registration.

3. Abbreviations used in this Circular and on the System include:

a) E-TBMST E-TBMQT is an online prequalification notice;

b) E-TBMQT E-TBMQT is an online interest notice;

c) E-TBMT are public tender notices, public invitation to bid notices via the network;

d) E-HSMQT E-HSMQT is an online interest document;

đ) E-HSQT E-HSQT is an online interest document;

e) E-HSMST E-HSMST is an online prequalification document;

g) E-HSDST E-HSDST is an online prequalification submission;

h) E-HSMT E-HSMT is an online tender document for open tendering, restricted tendering, and domestic competitive bidding;

i) E-HSDT E-HSDT is an online tender submission for open tendering, restricted tendering, and domestic competitive bidding;

k) E-HSĐXKT E-HSĐXKT is an online technical proposal;

l) E-HSĐXTC E-HSĐXTC is an online financial proposal.

4. Electronic document E-DL is an electronic document, information successfully sent, received, and stored on the System, including:

a) Project information;

b) Overall plan for selecting contractors; plan for selecting contractors;

c) E-TBMQT, E-TBMST, E-TBMT, tender notices, prequalification notices, interest notices;

d) Shortlist;

d) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, prequalification documents, preliminary qualification documents, tender documents; clarifications on E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, prequalification documents, preliminary qualification documents, tender documents;

g) Bid opening record;

g) Bid opening minutes, minutes of opening E-HSĐXKT, minutes of opening E-HSĐXTC;

h) Evaluation reports on E-HSQT, E-HSDST, E-HSDT;

i) Selection results;

k) Content of objections to selection results and issues related to the online selection process;

l) Other electronic documents exchanged on the System.

5. is information posted on the System by entities specified in Article 2 of this Circular that does not comply with the laws on public-private partnerships, bidding laws, sectoral management laws, and other relevant laws. Information posted on the System by entities specified in Article 2 of this Circular that does not comply with laws on public procurement and other relevant laws.

6. Guidelines Public digital certificate issued by organizations providing public digital signature certification services or digital certificates issued by organizations providing government-specific digital signature certification services.

7. Guidelines for Use Electronic documents published on the System to guide users in conducting transactions on the System.

8. Organizations participating in the System are agencies and organizations registered to participate in the System with one or more roles as follows:

a) Project sponsor;

b) Tender inviter;

c) Contractors;

d) Bid management unit;

d) Tender training institutions.

9. Account participating in the System is an account issued by the National Public Procurement Center to participating organizations to perform one or more roles as specified in Clause 8 of this Article.

10. is defined according to the provisions of Clauses 1, 2, 6, 7, and 10 of Article 3 of Circular No. 79/2025/TT-BTC dated August 4, 2025, issued by the Minister of Finance guiding the provision and dissemination of bidding information and bidding document models on the National E-Government Procurement System (hereinafter referred to as Circular No. 79/2025/TT-BTC). is an account created by the Participant Account in the System to conduct transactions on the System.

11. Project e-GP Enterprise is a limited liability company established by the Investor (FPT Information Systems Limited Company) under the BOT Contract for the e-GP Project. The Project e-GP Enterprise and the National Public Procurement Center (hereinafter referred to as the Center) undertake the responsibilities of the organization operating the System as stipulated in Article 52 of the Bidding Law.

12. BOT Contract for the e-GP Project is the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information Systems Limited Company) to invest, design, construct, operate, maintain, upgrade, and transfer the National Public Procurement Network according to the public-private partnership model.

Article 4. Application of Forms and Annexes

1. Templates for preparing, reviewing, and approving comprehensive plans for contractor selection include:

a) Form No. 01A is used to prepare the Request for the Overall Plan for Selecting Contractors;

b) Template No. 01B is used to prepare the Report on Reviewing Comprehensive Plans for Contractor Selection;

c) Template No. 01C is used to prepare the Decision on Approving Comprehensive Plans for Contractor Selection.

In case adjustments are needed for certain contents within the approved comprehensive plan for contractor selection, only the changed and adjusted contents need to be prepared, submitted, reviewed, and approved.

2. Templates for preparing, reviewing, and approving plans for contractor selection include:

a) Form No. 02A is used to prepare the Request for the Plan for Selecting Contractors;

b) Template No. 02B is used to prepare the Report on Reviewing Plans for Contractor Selection;

c) Template No. 02C is used to prepare the Decision on Approving Plans for Contractor Selection.

In case adjustments are needed for certain contents within the approved plan for contractor selection, only the changed and adjusted contents need to be prepared, submitted, reviewed, and approved. For parts of work that do not yet meet the conditions for preparing plans for contractor selection, when the conditions are met, only those parts of work need to be prepared, submitted, reviewed, and approved without having to re-review and approve other parts of work that have been approved previously. In case there is a change in the execution time of the tender package compared to the approved plan for contractor selection during the contract implementation period, it is not necessary to adjust the plan for contractor selection.

3. For construction procurement packages:

a) Form No. 3A is used to prepare the E-Tender Document applying open tendering, restricted tendering, and competitive bidding in one-stage one-envelope method;

b) Form No. 3B is used to prepare the E-Tender Document applying open tendering, restricted tendering in two-stage two-envelope method;

c) Form No. 3C is used to prepare the E-Tender Document Summary.

4. For goods procurement packages (including centralized procurement cases):

a) Form No. 4A is used to prepare the E-Tender Document applying open tendering, restricted tendering, and competitive bidding in one-stage one-envelope method;

b) Form No. 4B is used to prepare the E-Tender Document applying open tendering, restricted tendering in two-stage two-envelope method;

c) Form No. 4C is used to prepare the E-Tender Document Summary.

5. For non-advisory service procurement packages:

a) Form No. 5A is used to prepare the E-Tender Document applying open tendering, restricted tendering, and competitive bidding in one-stage one-envelope method;

b) Form No. 5B is used to prepare the E-Tender Document applying open tendering, restricted tendering in two-stage two-envelope method;

c) Form No. 5C is used to prepare the E-Tender Document Summary.

6. For advisory service procurement packages:

a) Form No. 6A is used to prepare the E-Tender Document applying open tendering, restricted tendering in two-stage two-envelope method;

b) Template No. 6B is used to prepare E-HSMQT.

7. For drug procurement tenders:

a) Template No. 7A is used to prepare E-HSMT applying the open bidding method in one-stage one-envelope procedure;

b) Template No. 7B is used to prepare E-HSMT applying the open bidding method in one-stage two-envelope procedure.

8. For Evaluation Report Templates:

a) Template No. 8A is used to prepare the E-HSDT evaluation report according to Procedure 01 stipulated in Point a, Clause 1, Article 28 of this Circular for non-consulting service and goods procurement tender packages in one-stage one-envelope procedure;

b) Template No. 8B is used to prepare the E-HSDT evaluation report according to Procedure 02 stipulated in Point b, Clause 1, Article 28 of this Circular for non-consulting service and goods procurement tender packages in one-stage one-envelope procedure;

c) Template No. 8C is used to prepare the E-HSDT evaluation report for non-consulting service and goods procurement and construction tender packages in one-stage two-envelope procedure;

d) Template No. 8D is used to prepare the E-HSDT evaluation report for consulting service tender packages in one-stage two-envelope procedure.

9. Appendices:

a) Appendix 1A: Template for Requesting Approval of Evaluation Results E-HSĐXKT (for tender packages using the one-stage two-envelope procedure);

b) Appendix 1B: Template for Decision on Approving List of Contractors Meeting Technical Requirements (for tender packages using the one-stage two-envelope procedure);

c) Appendix 2A: Template for Comparison Results (for all tender packages);

d) Appendix 2B: Template for Contract Negotiation Minutes (for goods procurement, construction, mixed, and non-consulting service tender packages subject to contract negotiation as stipulated in Point d, Clause 1, Article 43 of the Bidding Law).

đ) Appendix 2C: Model Minutes of Contract Negotiation (for tender packages for consultancy services);

e) Appendix 3: Model Petition for Approval of Tender Results;

g) Appendix 4: Model Commitment Form;

h) Appendix 5: Registration Form for Information on Bidding Regulatory Documents;

i) Appendix 6: Notification Form for Information on Foreign Bid Winners Winning Tenders in Vietnam;

k) Appendix 7: Notification Form for Information on Handling Violations of Bidding Laws;

l) Appendix 8: Certain Acts of Violation Prohibited under Clause 3 of Article 44 of the Bidding Law;

10. The selection of contractors for projects using official development assistance (ODA) funds, concessional loans from foreign sponsors under international treaties to which the Socialist Republic of Vietnam is a party (hereinafter referred to as international treaties), and foreign loan agreements shall be carried out in accordance with the provisions of Clause 5 of Article 3 of the Bidding Law. The role of organizations and individuals responsible for presenting, reviewing, and approving the overall plan for contractor selection, the tender plan, E-HSMQT, E-HSMST, E-HSMT, and the results of contractor selection shall be implemented in accordance with the Bidding Law and detailed regulations guiding its implementation. The content of the overall plan for contractor selection, the tender plan, E-HSMQT, E-HSMST, E-HSMT shall comply with the provisions of international treaties and loan agreements. In cases where international treaties or loan agreements require the application of sponsor regulations, if approved by the sponsor, the establishment, review, and approval of the overall plan for contractor selection, the tender plan, E-HSMT, E-HSMQT, E-HSMST, and reports on E-HSDT, E-HSQT, E-HSDST shall be conducted according to the models prescribed in Clauses 1 through 9 of this Article.

Information on bidding for tender packages covered by this provision is encouraged to be published on the Bidding Newspaper and on the "other capital" section of the National Bidding Network System.

11. For projects and tender packages containing contents listed in the State Secrets Catalogue as stipulated by laws on protecting state secrets, such confidential information does not need to be provided or published in accordance with this Circular. Management of information listed in the State Secrets Catalogue shall be carried out in accordance with laws on protecting state secrets.

Article 5. Provisions on the format of attached files (file)

1. Files uploaded to the System must ensure:

a) Files that can be opened and read by commonly used software such as Microsoft Office or OpenOffice word processing and document creation software; PDF file reading software; commonly used design software like AutoCAD and Photoshop; image file reading software integrated into the Windows operating system. Files using fonts within the Unicode code table;

b) Compressed files that can be opened by commonly used decompression software such as built-in Windows decompression software ZIP, WinRAR, or 7-Zip. In cases where compressed files are used, the files after decompression must have the format specified in point a of this clause;

c) Not infected with viruses, not damaged, and not password protected.

2. In cases where attached files in the Invitation to Express Interest, E-HSMQT, Prequalification Invitation, E-HSMST, Tender Invitation, E-HSMT do not meet the requirements set forth in Clause 1 of this Article or due to other reasons leading to inability to open or read them, the tenderer must republish and reissue the entire Invitation to Express Interest, E-HSMQT, Prequalification Invitation, E-HSMST, Tender Invitation, E-HSMT.

3. In cases where attached files in E-HSDT, E-HSQT, E-HSDST do not meet the requirements set forth in Clause 1 of this Article leading to inability to open or read them, these files will not be considered or evaluated.

Article 6. Technical Handling in Case of System Failure Beyond Control

1. In cases where technical issues lead to the System being unable to operate, tender packages for contractor selection via the network with closing times and deadlines for clarification of E-HSQT, E-HSDST, E-HSDT occurring during the period from when the System encounters technical issues until two hours after the completion of the repair will automatically be extended to new closing times and deadlines for clarification of E-HSQT, E-HSDST, E-HSDT six hours after the completion of the repair.

2. In cases where the new closing time and deadline for clarification of E-HSQT, E-HSDST, E-HSDT, as stipulated in Clause 1 of this Article, occur after 17:00 and before 11:00 on the following day, the System will automatically extend to 11:00 on the following day.

3. In cases where the System automatically extends the closing time for tenders as stipulated in Clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, E-HSDT will be based on the closing time stated in E-TBMQT, E-TBMST, E-TBMT prior to the System encountering technical issues.

4. In cases where technical issues lead to the National Bidding Network System being unable to operate and the expected duration of repairs is long, the Ministry of Planning and Investment will announce on the National Bidding Network System about the methods for organizing contractor selection during the period when the National Bidding Network System encounters technical issues and handling the issues, including organizing contractor selection without using the network.

Article 7. Management of Accounts and Use of Digital Certificates

1. Establishment of Business Accounts:

Accounts participating in the System create and grant permissions to Business Accounts corresponding to the roles of Organizations participating in the System as prescribed in points a, b, c, d, and đ of Clause 8 of Article 3 of this Circular; lock, unlock; reset passwords, authentication forms, login devices for Business Accounts.

2. Use of Digital Certificates on the System:

a) Organizations granted digital certificates when participating in the System must register to use digital certificates according to the User Guide. Digital certificates used on the System are digital certificates issued to organizations;

b) Digital certificates are used to create digital signatures and authenticate organizations;

c) The registration, change, and cancellation of information on digital certificates of Organizations participating in the System are carried out on the System according to Usage Guidelines;

d) Organizations participating in the System are responsible for ensuring the accuracy of digital certificates used on the System.

Article 8. Sending and Receiving Electronic Documents on the System

1. Electronic documents prescribed in Clause 4 of Article 3 of this Circular have legal validity and serve as a basis for comparison, verification of information for evaluation, review, inspection, audit, and disbursement in accordance with the law.

2. The time of sending and receiving electronic documents is determined based on the actual time recorded on the System. Successfully sent electronic documents are stored on the System.

3. When users send electronic documents on the System, the System must provide feedback to the user regarding whether the sending was successful or unsuccessful.

4. Organizations participating in the System that successfully register on the System have the right to access their own electronic document status and other information on the System. Transaction history information is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the System.

5. Organizations and individuals conducting inspections, audits, and disbursements shall not request the provision of paper documents when electronic document retrieval can be performed on the System, except in cases where verification by the original document is necessary.

Article 9. Conditions for Information Technology Infrastructure

Organizations participating in the System must meet the requirements for information technology infrastructure as stipulated in Clause 14, Article 78, Clause 3, Article 79, and Point a, Clause 3, Article 82 of the Bidding Law, and detailed guidance is provided at the User Guide.

Chapter II
PROVIDING AND UPLOADING INFORMATION ON CONTRACTOR SELECTION

Article 10. Information on the contractor's capacity and experience

1. The information on the contractor's capacity and experience on the System includes:

a) General information about the contractor;

b) Annual financial report data;

c) Information on contracts that have been and are being implemented;

d) Information on key personnel;

đ) Information on machinery and equipment;

e) Information on the contractor's reputation.

2. Contractors shall proactively update their information on capacity and experience according to the provisions of Clause 1 of this Article on the System and bear legal responsibility for the accuracy of the information declared on the System. In cases where contractors make modifications on the System themselves, the System will retain all information before and after the contractor makes the modification. Information on the contractor's capacity and experience is verified with the contractor's digital signature.

3. Contractors must attach relevant documents to prove the authenticity of their capacity and experience; attached documents are stored and managed on the System.

4. If a contractor declares false information to obtain financial benefits or other advantages or to evade any obligation, it shall be considered fraud as prescribed in Clause 4, Article 16 of the Bidding Law.

5. For the content of information specified in Point b, Clause 1 of this Article, if the financial report data on the System has been updated from the Electronic Tax System and the National Enterprise Registration Information System, the contractor does not need to declare financial report data. For financial report data from 2021 onwards, if the contractor finds that the System has not updated the data compared to the Electronic Tax System, the contractor shall modify it to match the data reported to the tax authority; the System will retain the modified versions of the contractor's information.

Article 11. Information on projects and plans for contractor selection

1. Time of posting:

Information on the plan for selecting contractors must be posted on the System within five working days from the date of approval of the plan for selecting contractors. Basic project information must be posted simultaneously with the plan for selecting contractors.

2. Attached Documents:

The investor must attach the decision approving the plan for selecting contractors during the process of posting the plan for selecting contractors.

Article 12. Notice of Interest Invitation, Notice of Prequalification Invitation, E-Notice of Interest Invitation, E-Notice of Prequalification Invitation

The tenderer shall post notices of interest invitation, notices of prequalification invitation, E-notice of interest invitation, and E-notice of prequalification invitation on the System according to the schedule for organizing the selection of contractors and consistent with the time for organizing the selection of contractors in the approved plan for selecting contractors. Amendments or cancellations of notices of interest invitation, notices of prequalification invitation, E-notice of interest invitation, and E-notice of prequalification invitation may only be made before the bid closing time, except in cases where no interested contractor submits a prequalification application or prequalification bid, E-interest application, or E-prequalification bid.

Article 13. Issuance, amendment, clarification of tender invitation documents, prequalification invitation documents, E-Tender Invitation Documents (E-TID), E-Prequalification Invitation Documents (E-PID)

1. Issuance:

a) Tender invitation documents, prequalification invitation documents, E-TID, E-PID shall be issued free of charge on the System immediately after successfully posting the prequalification invitation notice, tender invitation notice, E-Electronic Prequalification Invitation Notice (E-EPIN), E-Electronic Tender Invitation Notice (E-ETIN) on the System.

During the process of posting the prequalification invitation notice, tender invitation notice, E-EPIN, E-ETIN, the tenderer must attach the decision approving the tender invitation documents, prequalification invitation documents, E-TID, E-PID; the approved tender invitation documents, prequalification invitation documents, E-TID, E-PID.

The project owner, tenderer shall not issue paper copies of the tender invitation documents, prequalification invitation documents to contractors. In case the project owner, tenderer issues paper copies to contractors, such paper copies shall have no legal validity for the preparation and evaluation of tender interest documents, prequalification application documents.

b) In case the content of the tender invitation documents, prequalification invitation documents, E-TID, E-PID posted on the System differs from the content of the approved tender invitation documents, prequalification invitation documents, E-TID, E-PID, the tender invitation documents, prequalification invitation documents, E-TID, E-PID issued on the System shall serve as the basis for preparing and evaluating tender interest documents, prequalification application documents, E-Tender Interest Documents (E-TID), E-Prequalification Application Documents (E-PAD).

2. Amendment:

a) For contractor selection without using the network, in case the tender invitation documents, prequalification invitation documents are amended after issuance, the tenderer must post the following documents on the System: Decision to amend accompanied by the amended contents of the tender invitation documents, prequalification invitation documents; or the decision to amend and the amended tender invitation documents, prequalification invitation documents, wherein the amended tender invitation documents, prequalification invitation documents must clearly indicate the amended contents.

b) For contractor selection using the network, in case the E-TID, E-PID are amended after issuance, the tenderer must post the following documents on the System: Decision to amend accompanied by the amended contents of the E-TID, E-PID; the amended E-TID, E-PID.

3. Clarification:

a) In case clarification of the tender invitation documents, prequalification invitation documents, E-TID, E-PID is required, the contractor must submit a request for clarification to the tenderer through the System at least three working days before the bid closing date;

b) The tenderer must post the clarification document of the tender invitation documents, prequalification invitation documents, E-TID, E-PID on the System at least two working days before the bid closing date;

c) The content of the clarification of the tender invitation documents, prequalification invitation documents, E-TID, E-PID shall not contradict the content of the approved tender invitation documents, prequalification invitation documents, E-TID, E-PID. In case accepting the content of the request for clarification of the tender invitation documents, prequalification invitation documents, E-TID, E-PID leads to amending the tender invitation documents, prequalification invitation documents, E-TID, E-PID, the amendment of the tender invitation documents, prequalification invitation documents, E-TID, E-PID shall be carried out in accordance with Clause 2 of this Article.

Article 14. Shortlist

1. Time of posting:

The tenderer must post the shortlist on the System within five working days from the date the shortlist is approved.

2. Attached Documents:

The tender inviter shall attach the decision approving the shortlist during the posting of the shortlist.

Article 15. Tender Notice, E-Tender Notice

The tenderer shall post the tender notice, E-Tender Notice on the System according to the progress of selecting contractors and in accordance with the time for organizing the selection of contractors as approved in the plan for selecting contractors. Any modification or cancellation of the tender notice, E-Tender Notice may only be carried out before the closing time for submission of bids, except in cases where no bidder has submitted a bid proposal, E-Bid Proposal.

Article 16. Issuance, Modification, Clarification of Tender Documents, E-Tender Documents

1. Issuance:

a) During the posting of the tender notice, E-Tender Notice, the tenderer must attach the following documents: Decision approving the tender documents, E-Tender Documents; tender documents, E-Tender Documents that have been approved;

For non-electronic tendering, the tender documents shall be issued on the System immediately after successfully posting the tender notice. The tenderer shall not issue paper copies of the tender documents to bidders; if the tenderer issues paper copies to bidders, such paper copies shall not have legal validity for the preparation and evaluation of bid proposals.

b) In case the content of the tender documents, E-Tender Documents posted on the System differs from the content of the tender documents, E-Tender Documents that have been approved, then the tender documents, E-Tender Documents issued on the System shall serve as the basis for preparing and evaluating bid proposals, E-Bid Proposals.

2. Amendment:

a) For non-electronic tendering, in case of modifying the tender documents after issuance, the tenderer must post the relevant documents on the System in one of the following two ways: decision to modify accompanied by the modified contents of the tender documents; or decision to modify and the tender documents already modified, the modified tender documents must clearly reflect the modified contents;

b) For electronic tendering, in case of modifying E-Tender Documents after issuance, the tenderer must post the relevant documents on the System: decision to modify accompanied by the modified contents of E-Tender Documents; E-Tender Documents already modified.

3. Clarification:

a) For non-electronic tendering, in case clarification of the tender documents is required, the bidder must send a request for clarification to the tenderer through the System at least three working days (for domestic bidding) or five working days (for international bidding) prior to the closing time for submission of bids for consideration and handling.

For electronic tendering, in case clarification of E-Tender Documents is required, the bidder must send a request for clarification to the tenderer through the System at least three working days prior to the closing time for submission of bids for consideration and handling.

b) The tenderer shall accept the content of the request for clarification from the bidder and post the clarification document of the tender documents, E-Tender Documents on the System at least two working days prior to the closing time for submission of bids;

c) The content of the clarification of the tender documents, E-Tender Documents shall not contradict the content of the tender documents, E-Tender Documents that have been approved. In case accepting the content of the request for clarification of the tender documents, E-Tender Documents leads to the need to modify the tender documents, E-Tender Documents, such modification shall be carried out in accordance with Clause 2 of this Article;

d) In necessary cases, the tenderer may organize a pre-bid conference to discuss the contents in the tender documents, E-Tender Documents that the bidders are unclear about. The tenderer shall post the invitation to attend the pre-bid conference on the System. The content of the discussion between the tenderer and the bidder must be recorded in minutes by the tenderer and posted on the System within a maximum of two working days from the end of the pre-bid conference.

Article 17. Revocation, extension, modification of published information

The revocation, extension, and modification of published information shall be carried out in accordance with the User Guide.

Article 18. Results of contractor selection

1. Time of posting:

The project owner shall publish the results of contractor selection on the System within five working days from the date of approval of the contractor selection results.

2. Attached documents include:

a) Decision to approve the results of contractor selection;

b) Report on evaluation of E-HSDT for online contractor selection (publishing the consolidated report without attaching the scoring sheets of the members of the specialized team);

c) In cases where the tender package budget is approved after the approval of the contractor selection plan and during the issuance of E-HSMT, the tender inviter shall update the budget and attach the decision approving the budget on the System at least five days before the bidding deadline.

3. For procurement tenders for goods that must be publicly detailed, the information about winning items shall include the following contents:

a) List of goods;

b) Model code;

c) Brand name;

d) Year of production;

đ) Country of origin (country, territory);

e) Manufacturer;

g) Basic configuration, technical features;

h) Unit of measurement;

i) Quantity;

k) Chapter code, Group code (corresponding to the first four digits of the Harmonized System code) in the Harmonized System for the description and coding of goods issued by the World Customs Organization (WCO) (commonly referred to as HS code) (if applicable);

1) Winning bid unit price.

Article 19. Procedure for publishing on the System

The procedures for publishing information under Articles 10, 11, 12, 13, 14, 15, 16, and 18 of this Circular shall be implemented according to the User Guide.

Article 20. Responsibilities of the project owner

1. Fulfill the responsibilities as prescribed in Article 78 of the Bidding Law.

2. Publish the information prescribed in points a, g, h, i, and k Clause 1 Article 7 of the Bidding Law. In cases where the project owner hires a bidding consultant to act as the Tender Inviter, the project owner still bears responsibility for publishing these pieces of information.

3. Publish on the System information about foreign contractors winning bids in Vietnam according to Appendix 6 attached to this Circular; the publication shall be carried out according to the User Guide. Information shall be sent simultaneously to the Department of Bidding Management, Ministry of Planning and Investment within seven working days from the date of approval of the contractor selection results.

4. Bear legal responsibility for the accuracy and honesty of the information registered and published on the System when logging in with their System participation Account.

5. Check and confirm the publication of their information on the System.

6. Manage and bear responsibility for granting permissions to relevant business accounts corresponding to their roles; manage the use of digital certificates on the System.

Article 21. Responsibilities of the tender inviter

1. Fulfill the responsibilities as stipulated in Article 79 of the Bidding Law.

2. The tender inviter has the responsibility to publish the information prescribed in points b, c, d, and đ Clause 1 Article 7 of the Bidding Law. For international tender packages, the tender inviter must publish the information prescribed in points b, c, and d Clause 1 Article 7 of the Bidding Law in both Vietnamese and English; for the information prescribed in point đ Clause 1 Article 7 of the Bidding Law, the tender inviter publishes it in English or in both English and Vietnamese.

3. The tender inviter is responsible for the consistency of the documents published on the System with the approved documents. In case there is a discrepancy between the documents published on the System and the approved documents, the documents published on the System shall serve as the legal basis for implementation.

4. Monitor and update the information already published on the System and the information that the System provides feedback on.

5. Manage and bear responsibility for granting permissions to relevant business accounts corresponding to their roles; manage the use of digital certificates on the System.

Article 22. Responsibilities of the contractor

1. Register to participate in the System to ensure eligibility as prescribed in point d Clause 1 Article 5 of the Bidding Law.

2. Fulfill the responsibilities as stipulated in Article 82 of the Bidding Law.

3. Manage the System participation account and digital certificate registered on the System.

Article 23. Responsibilities of the Center, e-GP Project Enterprise, and Bid Newspaper

1. The Center has the responsibility:

a) Managing and supervising the operation of the System to ensure stable, continuous, safe, and secure operation of the System; supporting organizations participating in the System during the registration process, provision, uploading of information, and selection of contractors through the network;

b) Develop documentation Usage Guidelines; supports organizations participating in the System during the registration process, provision, uploading of information, and selection of contractors through the network;

c) To provide services for publicity, training, guidance to organizations participating in the System and to implement related services concerning bidding and contractor selection information through the network;

d) Cooperating with the e-GP Project Enterprise to fulfill the responsibilities stipulated in Article 52 of the Bidding Law.

2. The e-GP Project Enterprise shall fulfill the responsibilities prescribed in Article 52 of the Bidding Law.

3. The Bid Newspaper shall have the responsibility:

a) Reviewing and identifying invalid information and notifying the project owner and tender inviter within a maximum period of one working day from the date the project owner or tender inviter uploads the information on the System. The notification shall be made on the System, via email, mobile application, or other communication channels regarding the content of invalid information for the project owner or tender inviter to self-correct, complete, and re-upload on the System;

b) Extracting information as prescribed in Articles 12, 14, 15, and 17 of this Circular to publish once on the Bid Newspaper within two working days from the date the project owner or tender inviter uploads the information on the System.

4. In case of errors in the uploading of bidding information such as delayed upload, incorrect content, or intentional non-uploading of information causing damage to the project owner, tender inviter, or contractor, the Bid Newspaper must publicly post supplementary or corrective information according to the laws on press. Depending on the severity of the error, relevant organizations or individuals within the Bid Newspaper may also be subject to disciplinary action under the laws on civil servants, public officials, labor laws, and other related laws.

Chapter III
SAMPLE CONTENT OF THE BIDDING DOCUMENTS

Article 24. Preparation, Submission, Review, and Approval of E-HSMQT, E-HSMST, E-HSMT

1. The tender inviter shall organize the preparation of E-HSMQT, E-HSMST, and E-HSMT on the System. After preparing E-HSMQT, E-HSMST, and E-HSMT, the tender inviter shall submit them to the project owner for the project owner to organize the review and approval of E-HSMQT, E-HSMST, and E-HSMT.

2. E-HSMT must include all necessary information as a basis for contractors to prepare E-HSDT. If the tender inviter uploads E-HSMT without sufficient information (missing design drawings, documents, etc.) or unclear information, making it difficult for contractors to prepare E-HSDT, then E-HSMT is considered invalid; the project owner and tender inviter must modify and supplement E-HSMT appropriately and re-upload E-HSMT.

3. For procurement packages involving goods, construction works, non-advisory services, data tables, and criteria for assessing validity, capacity requirements in E-HSMST and E-HSMT shall be digitized in web form on the System. The project owner and tender inviter shall not attach additional files concerning data tables, criteria for assessing validity, capacity requirements in E-HSMST and E-HSMT. Data tables, criteria for assessing validity, and capacity requirements that are not digitized in web form shall not be considered part of E-HSMST and E-HSMT, and contractors are not required to meet these requirements.

4. In cases where prequalification has been applied, if the contractor's capacity and experience when submitting E-HSDT differs from those at the time of prequalification, the contractor must update their capacity and experience.

5. If E-HSMT contains contents leading to restrictions on contractor participation or creating advantages for one or several contractors, resulting in unfair competition and violating Article 16, Clause 6, Point k and Article 44, Clause 3 of the Bidding Law, the tender inviter and evaluation team shall not exclude E-HSDT that does not comply with these contents. If the tender documents contain contents violating Article 16, Clause 6, Point k and Article 44, Clause 3 of the Bidding Law, these contents shall be deemed void according to Clause 4 of Article 44 of the Bidding Law and shall not serve as grounds for evaluating bid documents.

6. In cases where consultancy is hired to perform the role of the tender inviter or evaluation team to upload information, prepare E-HSMQT, E-HSMST, E-HSMT, evaluate E-HSQT, E-HSDST, E-HSDT, the hiring unit shall act in accordance with the User Guide.

Article 25. The Contractor's Responsibilities During the Bidding Process

Clause 1. The Contractor shall be responsible for the accuracy of the information declared on the webform and attached documents during the bidding process. The Contractor shall enter information as required by E-HSMQT, E-HSMST, E-HSMT and attach relevant documents to form the E-HSQT, E-HSDST, E-HSDT as follows:

a) Information on the validity of E-HSDT:

For the content regarding bid guarantee, the Contractor shall declare the information and attach a scanned copy of the bid guarantee. In case of using electronic bid guarantee, the Contractor shall choose the electronic bid guarantee issued by domestic credit institutions or foreign bank branches established under Vietnamese law, or a certificate of surety insurance issued by domestic non-life insurance companies or foreign non-life insurance company branches established under Vietnamese law, stored in the System into E-HSDT. For joint venture Contractors, all joint venture members must use the same type of bid guarantee: either electronic bid guarantee or paper bid guarantee.

For other contents, contractors only declare information on the webform without needing to attach scanned copies of related documents.

b) Information about capacity and experience:

For similar contracts and production capacity: the Contractor shall declare the information and attach related documents to prove the declared information.

For financial resources requirements: the Contractor shall declare the information; in case the Contractor uses a credit provision commitment to prove financial resources, in addition to declaring the information, the Contractor shall attach a scanned copy of the credit provision commitment.

For annual revenue and net asset value: starting from 2021, the System automatically extracts financial report data from the National Enterprise Registration Information System and the Electronic Tax System into the Contractor’s capability dossier.

For other contents: the Contractor shall declare on the webform without needing to attach scanned copies of related documents and texts.

For financial report data starting from 2021, in case the Contractor discovers that the System has not updated the data compared to the Electronic Tax System since 2021, the Contractor shall modify the information to align with the data reported to the tax authority; if the data updated or modified by the Contractor on the System does not match the data on the Electronic Tax System leading to distortion of the bidding result, the Contractor shall be considered fraudulent and in violation of Clause 4, Article 16 of the Bidding Law.

Clause 2. The Contractor shall have the responsibility to study E-HSMQT, E-HSMST, E-HSMT for the packages of interest to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. In case the Contractor finds unclear contents in E-HSMQT, E-HSMST, E-HSMT causing difficulties for the preparation of E-HSQT, E-HSDST, E-HSDT, the Contractor must request the tenderer to clarify E-HSMQT, E-HSMST, E-HSMT so that the project owner and tenderer can amend and supplement these documents appropriately.

Clause 3. The Contractor shall have the responsibility to monitor and update information on the System for the packages of interest or participation. In case errors occur due to failure to monitor and update information on the System leading to disadvantages for the Contractor during the bidding process including changes and amendments to E-HSMQT, E-HSMST, E-HSMT, submission deadlines for E-HSQT, E-HSDST, E-HSDT, clarification deadlines for E-HSQT, E-HSDST, E-HSDT, contract negotiation timeframes and other contents, the Contractor shall bear the responsibility and disadvantage during the bidding process.

Clause 4. In case the legal representative of the Contractor authorizes the branch manager, subsidiary general manager, factory manager, or head of other dependent units to perform tasks during the bidding process, participation in the System must be conducted through the Contractor’s account participating in the System and not through the accounts of branches, subsidiaries, factories, or other dependent units. In case the Contractor uses the account of a branch or dependent unit (dependent unit), the Contractor will be deemed to not meet the eligibility criteria as stipulated in Clause 1, Article 5 of the Bidding Law.

Article 26. Content regarding sample goods

E-HSMT shall not make demands for sample goods; in cases where technical evaluation requires sample goods, the investor must submit to the competent authority for review and decision. The submission must clearly state the reasons for requesting sample goods. The investor and the tenderer must ensure that the request for sample goods does not increase the cost of the tender package, limit the participation of contractors, or create an unfair competitive advantage for one or some contractors. If E-HSMT requests the provision of sample goods, contractors may submit additional samples within five working days from the tender closing time.

Article 27. Tender opening for online contractor selection

1. For tender packages applying the one-stage one-envelope method:

The tenderer must conduct the tender opening and publicly announce the tender opening minutes on the System within two hours from the tender closing time.

2. For tender packages applying the one-stage two-envelope method:

a) The tenderer must conduct the E-HSĐXKT opening and publicly announce the E-HSĐXKT opening minutes on the System within two hours from the tender closing time;

b) After making the decision to approve the list of contractors meeting technical requirements, the tenderer must post this list on the System along with a scanned copy of the approval document for the list of contractors meeting technical requirements. Upon successful posting, the System will notify all participating contractors;

c) After posting the list of contractors meeting technical requirements, the tenderer must open the E-HSĐXTC of contractors listed in the approved list and publicly announce the E-HSĐXTC opening minutes on the System.

Article 28. Evaluation of E-HSDT

1. Evaluation process for E-EHSBT:

a) Process 01 applies to all tender packages, including: evaluating the validity of E-HSDT; assessing capacity and experience; assessing technical aspects; assessing financial aspects;

b) Process 02 applies to procurement tender packages for goods and non-advisory services using a single-stage single-envelope method and the lowest price criterion, where all E-HSDT have no preferences:

Based on the tender opening minutes, the System automatically ranks contractors according to the lowest bid price (approval of the ranking list is not required in this case);

Evaluate the validity of the E-HSDT of the top-ranked contractor;

Assess the capacity and experience of the top-ranked contractor;

Assess the technical aspects of the top-ranked contractor.

If the highest-ranked bidder does not meet the requirements, then the next-ranked bidder will be evaluated.

c) For tender packages applying the single-stage single-envelope method, based on the E-HSDT submitted by contractors on the System and the evaluation criteria specified in the E-HSMT, the tenderer may choose either process a or process b provided herein to evaluate the E-HSDT. Process 02 is only implemented when all conditions stipulated in sub-clause b are met.

2. In cases where only one contractor participates in the tender or only one contractor passes the technical evaluation stage, there is no need to determine the evaluated price (in cases where the tender package applies the evaluated price method), the total score (in cases where the tender package applies a combined technical and price method), no need to determine preferences, and no need to rank contractors.

3. After evaluating the E-HSDT, the head of the expert team must attach a scanned copy of the E-HSDT evaluation report (signed by all members of the expert team) on the System. The head of the expert team is responsible for ensuring consistency between the scanned E-HSDT evaluation report attached on the System and the paper version signed by the expert team members.

Article 29. Submission, Review, and Approval of Bid Selection Results

1. The tender inviter shall prepare a submission report in accordance with the guidelines set out in Appendix 3 issued together with this Circular and attach the evaluation report on E-HSDT to submit to the project owner for approval of the bid selection results.

2. The project owner shall approve the bid selection results based on the submission report, the evaluation report on E-HSDT, and the review report on the bid selection results.

Article 30. Online Tendering for Medicines

1. The tender inviter shall prepare the E-HSMT containing the following contents:

a) Contents of the E-HSMT implemented through webforms include: Data table, Bid form, Joint venture agreement (if applicable), "Bid price and scope, supply schedule, and technical requirements of medicines" table, bid guarantee form, and other bidding forms;

b) Remaining contents of the E-HSMT shall be prepared by the tender inviter in accordance with the Bidding Law and attached to the System.

2. The preparation of the E-HSMT shall be based on the webforms prescribed in point a, Clause 1, Article 30 of this Circular and other relevant regulations issued by the Ministry of Health. The evaluation of E-HSDT must be based on the evaluation criteria for E-HSDT and other requirements in the E-HSMT, taking into account the submitted E-HSDT, and the clarifications provided by the bidder to ensure that the selected bidder has sufficient capacity and experience, and feasible solutions to implement the tender package.

3. After preparing the E-HSMT, the tender inviter shall print the E-HSMT to submit to the project owner for review and approval. The tender inviter shall be responsible for the consistency between the approved content of the E-HSMT and the E-HSMT on the System. In case there are discrepancies between the approved content of the E-HSMT and the E-HSMT on the System, the content on the System shall serve as the basis for preparing and evaluating the E-HSDT.

4. The E-HSMT shall be issued free of charge on the System. The tender inviter shall not issue paper tender documents to bidders. If the tender inviter issues paper documents to bidders, such documents shall have no legal value for preparing and evaluating the tender documents. Bidders participating in the tender shall pay the required fees.

5. In case of need to amend the E-HSMT, the tender inviter shall log in and directly edit the System after obtaining the project owner's approval on the content.

6. In case of discrepancies between information in the attached files of the E-HSMT issued on the System and information in the webforms, the information in the webforms shall serve as the basis for preparing and evaluating the E-HSDT.

7. Bidders shall prepare the bid price table according to the webform, commit to the contents in the bid form generated by the System, and if it is a joint venture, they shall establish the joint venture on the System. Remaining contents of the E-HSDT shall be attached by the bidder on the System. In case of discrepancies between information in the webform and information in the attached files of the E-HSDT, the information in the webform shall serve as the basis for evaluating the E-HSDT.

8. In case of inconsistencies between the provisions of this Article, Model No. 7A, and Model No. 7B issued together with this Circular and other provisions of this Circular, the provisions of this Article and Model No. 7A, and Model No. 7B issued together with this Circular shall apply.

Chapter IV
IMPLEMENTATION

Article 31. Transitional Provisions

1. For tender packages that have been approved for bid selection plans (published or not published on the National Public Procurement Network System) but have not issued tender invitation documents, prequalification documents, tender documents, request for proposals, and bid selection plans with contents inconsistent with the Bidding Law by January 1, 2024, the bid selection plan must be revised and approved to comply with the provisions of this Law.

2. For tender packages that have been approved to select bidders online and prepared E-HSMST, E-HSMQT, and E-HSMT in accordance with Circular No. 08/2022/TT-BKHĐT:

a) In case the tender package has published E-HSMST and E-HSMQT on the System before January 1, 2024, continue to organize shortlisting and selecting bidders in accordance with the Bidding Law No. 43/2013/QH13 and detailed regulations guiding its implementation;

b) In case the tender package has published E-HSMT on the System before January 1, 2024, continue to organize the selection of bidders in accordance with the Bidding Law No. 43/2013/QH13 and detailed regulations guiding its implementation;

c) As of January 1, 2024, for tender packages that have not prepared E-HSMST, E-HSMQT, and E-HSMT or have already prepared and approved E-HSMST, E-HSMQT, and E-HSMT but have not published them on the System, E-HSMST, E-HSMQT, and E-HSMT must be re-prepared, amended, and re-approved in accordance with this Circular.

3. For tender packages that do not apply online bid selection:

a) In case the tender package has published prequalification documents and tender invitation documents on the System before January 1, 2024, continue to organize shortlisting and selecting bidders in accordance with the Bidding Law No. 43/2013/QH13 and detailed regulations guiding its implementation;

b) In case the tender package has published tender documents on the System before January 1, 2024, continue to organize the selection of bidders in accordance with the Bidding Law No. 43/2013/QH13 and detailed regulations guiding its implementation;

c) As of January 1, 2024, for tender packages that have not prepared prequalification documents, tender invitation documents, and tender documents or have already approved prequalification documents, tender invitation documents, and tender documents but have not published them on the System, prequalification documents, tender invitation documents, and tender documents must be re-prepared, amended, reviewed, and re-approved in accordance with the Bidding Law. The project owner shall modify the tender document templates issued together with this Circular to be consistent with non-online bid selection methods.

4. In all cases, when changing the bid selection method from non-online to online, the project owner does not need to submit to the competent authority for approval of the adjustment of the bid selection plan but shall proceed to adjust the bid selection method on the System from non-online to online. The modification process shall be carried out in accordance with the User Guide.

Article 32. Effectiveness

1. This Circular takes effect from the date of signature. General provisions; provision and publication of information on bid selection and contents of tender document models, Appendices take effect from January 1, 2024.

2. As of January 1, 2024, Circular 08/2022/TT-BKHĐT dated May 31, 2022, issued by the Minister of Planning and Investment detailing the provision and publication of tender information and contractor selection on the National Tendering Network System, and Circular No. 10/2015/TT-BKHĐT dated October 26, 2015, issued by the Minister of Planning and Investment detailing the preparation of tender selection plans, shall cease to be effective.

3. In cases where information during the contractor selection process needs to be kept confidential and cannot be publicly disclosed on the System, the authorized person shall decide on the publication of such information.

4. For special tenders, if applying the provisions of Model E-HSMST, E-HSMQT, and E-HSMT issued together with this Circular would result in fewer than three contractors meeting the requirements for average annual revenue and similar contracts, the project owner or tender inviter may amend these requirements according to the following principles:

a) Any amendment to the requirements for average annual revenue and similar contracts must ensure that the division of the tender package is reasonable and the scale of the tender package is not too large to limit competition.

b) When submitting the Model E-HSMT for approval, the tender inviter must clearly state the amendments made to the Model E-HSMT in the submission for the project owner's consideration.

c) In all cases, the project owner must ensure that the participation of contractors is not restricted; selected contractors must have sufficient capacity and experience to undertake the tender package.

5. For drug procurement tenders, the Ministry of Planning and Investment is responsible for guiding the resolution of technical issues related to online contractor selection; the Ministry of Health is responsible for guiding the resolution of issues related to drug tendering in accordance with laws and regulations issued by the Ministry of Health.

6. In cases where laws and regulations cited in this Circular are amended or supplemented, the amended or supplemented versions shall apply.

7. From the date this Circular takes effect, when preparing tender invitation documents for non-online contractor selection, the project owner or tender inviter shall apply the Models E-HSMT issued with this Circular while ensuring compliance with the Bidding Law.

8. Annually, the Ministry of Planning and Investment will provide guidance on the provision and publication of tender information on the System and the Bidding Newspaper in accordance with public holidays announced by the Ministry of Labor, Invalids, and Social Affairs.

9. Based on actual conditions, the State Tender Management Agency under the Ministry of Planning and Investment will revise the forms in web form format on the System to facilitate participation in online contractor selection activities, reduce administrative procedures, enhance competition, fairness, transparency, and economic efficiency in tendering, while ensuring the effectiveness of state management over tendering.

10. During implementation, if there are any difficulties, relevant ministries, ministerial-level agencies, central-level agencies, people's committees at all levels, state-owned economic groups, state-owned corporations, and related organizations and individuals should submit their opinions to the Ministry of Planning and Investment for timely guidance.