Circular No. 05/2024/TT-BKHĐT stipulates the management and use of costs in selecting contractors and investors on the National Public Procurement Network System.

CIRCULAR

Regulations on the management and use of costs in the selection of contractors and investors on the National Public Procurement System

Pursuant to the Bidding Law on June 23, 2023;

Pursuant toThe Law on Investment in Public-Private Partnership on June 18, 2020;

Pursuant toDecision No. 23/2024/NĐ-CP of the Government dated February 27, 2024 detailing certain provisions and implementing measures of the Bidding Law regarding the selection of investors for projects required to be tendered according to the laws governing sectors and fields;

Pursuant to Decree No.Decision No. 24/2024/NĐ-CP of the Government dated February 27, 2024 detailing certain provisions and implementing measures of the Bidding Law regarding the selection of contractors;Decision No. 35/2021/NĐ-CP of the Government dated March 29, 2021 detailing and guiding the implementation of Decision No. 25/2020/NĐ-CP of the Government dated February 28, 2020 on detailed implementation of certain provisions of the Bidding Law regarding the selection of investors;

Pursuant to Decree No.Decision No. 89/2022/NĐ-CP of the Government dated October 28, 2022 on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;The Minister of Planning and Investment issues this Circular to regulate the management and use of costs in the selection of contractors and investors on the National Public Procurement System.

Pursuant to Decree No.This Circular details the management and use of costs in the selection of contractors and investors on the National Public Procurement System (hereinafter referred to as the System) as prescribed in the Bidding Law and the Law on Investment in Public-Private Partnership.THE LAW ON PUBLIC-PRIVATE PARTNERSHIP;

Pursuant to Decree No.1. Organizations and individuals participating in, using, or related to bidding activities on the System.2. Organizations and individuals related to the management and operation of the System.

Pursuant to Decree No.120/2020/ND-CP of October 7, 2020, by the Government stipulating the establishment, restructuring, and dissolution of public service units;

Pursuant to Decree No.PRINCIPLES OF COLLECTION AND EXPENDITURE, AMOUNTS OF COLLECTION, ORGANIZATION OF COLLECTION AND PAYMENT, MANAGEMENT, AND USE OF THE FUNDS COLLECTED

Article 1. Scope of Application

Article 3. Principles of collection and expenditure for the funds collected

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The National Electronic Bidding Center and the e-GP Project Company shall be responsible for collecting, managing, and using the funds collected in accordance with this Circular.

Article 2. Applicability

2. The funds collected as stipulated in Clause 1 of this Article shall be used for the following purposes:

a) Managing, maintaining, operating, and developing the System;

Chapter II
b) Regular expenditures and investment expenses of the National Electronic Bidding Center related to organizing the management, maintenance, operation, and development of the System.

3. The National Electronic Bidding Center shall use the funds collected as stipulated in Clause 1 of this Article under the financial autonomy mechanism for public service units. Any surplus or deficit shall be accounted for in accordance with the law.

Article 4. Amounts of various fees

1. Fees for maintaining the name and capacity dossier of contractors on the System shall be implemented in accordance with point a, Clause 11, Article 12 of Decision No. 24/2024/NĐ-CP of the Government dated February 27, 2024 detailing certain provisions and implementing measures of the Bidding Law regarding the selection of contractors (hereinafter referred to as Decision No. 24/2024/NĐ-CP).

The fee for maintaining the name and capacity dossier of investors on the System is VND 330,000 for one year (inclusive of VAT). Investors shall pay this fee from the second year onwards after registering to join the System.

2. Fees for submitting bidding documents on the System shall be implemented in accordance with point b, Clause 11, Article 12 of Decision No. 24/2024/NĐ-CP.

3. Fees for winning contractors of open tendering, limited tendering, competitive bidding, and online quotation tenders conducted through electronic bidding shall be implemented in accordance with point c, Clause 11, Article 12 of Decision No. 24/2024/NĐ-CP.

4. Fees for connecting the electronic bid guarantee function between the System and domestic credit institutions, branches of foreign banks established under Vietnamese law, domestic non-life insurance companies, and branches of foreign non-life insurance companies established under Vietnamese law shall be implemented in accordance with point d, Clause 11, Article 12 of Decision No. 24/2024/NĐ-CP.

1. The cost of maintaining the name and capability file of contractors on the System shall be implemented in accordance with point a, Clause 11, Article 12 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of contractors (hereinafter referred to as Decree No. 24/2024/NĐ-CP).

The cost of maintaining the name and capability file of investors on the System is VND 330,000 for one year (inclusive of value-added tax). Investors pay this fee from the second year onwards following the year they register to join the System.

2. The cost of submitting tender documents on the System shall be implemented in accordance with point b, Clause 11, Article 12 of Decree No. 24/2024/NĐ-CP.

3. The cost for winning contractors of open bidding, restricted bidding, competitive bidding, and online quotation bidding under the normal bidding process through the network shall be implemented in accordance with point c, Clause 11, Article 12 of Decree No. 24/2024/NĐ-CP.

4. The cost of connecting the electronic bid guarantee function between the System and domestic credit organizations, branches of foreign banks established according to Vietnamese law, domestic non-life insurance companies, and branches of foreign non-life insurance companies established according to Vietnamese law shall be implemented in accordance with point d, Clause 11, Article 12 of Decree No. 24/2024/NĐ-CP.

Article 5. Organization of Collection of Fees

1. The National Electronic Procurement Center shall be responsible for collecting fees as prescribed in Clause 1 and Clause 4 of Article 4 of this Circular. The account for fee collection shall be a Vietnamese dong account of the National Electronic Procurement Center opened at a commercial bank.

2. The e-GP Project Enterprise shall collect various types of fees as prescribed in Clause 2 and Clause 3 of Article 4 of this Circular according to the BOT Contract of the e-GP Project. The collection account shall be a Vietnamese dong account of the e-GP Project Enterprise opened at a commercial bank.

Article 6. Organization of Payment of Fees

1. For fees for maintaining the name and capacity dossier of contractors and investors on the System:

a) The fees must be paid before April 1st each year (except for the year of registration on the System); if the status of the contractor's and investor's account on the System is suspended throughout the year (from January 1st to December 31st of that year), then the contractor and investor are not required to pay these fees. For the year 2024, the deadline for paying the fees is before July 1, 2024;

b) In cases where contractors and investors pay fees for maintaining their names and capacity dossiers on the System for multiple years (maximum five years), these fees will be deducted accordingly for each year; during this period, if the status of the contractor's and investor's account on the System is suspended throughout the year (from January 1st to December 31st of the suspended year), the remaining fees will be reserved and automatically deducted for subsequent years after the contractor's and investor's accounts are restored on the System;

c) In cases where a contractor is also an investor, they only need to pay the fees for maintaining their name and capacity dossier on the System as a contractor.

2. For tender submission fees, the maximum payment deadline is 14 days from the date of opening the tender.

3. For winning contractor fees, the maximum payment deadline is 30 days from the date of posting the selection results of the contractor on the System. If the contractor wins but does not sign a contract, the contractor has the responsibility to notify the National Electronic Procurement Center and the e-GP Project Enterprise within 30 days from the date of posting the selection results of the contractor on the System so that the e-GP Project Enterprise can refund these fees to the contractor.

Article 7. Management and Use of Revenue from Fee Collections for the National Electronic Procurement Center

1. Content of expenditure:

a) Expenditure to fulfill obligations with the State Budget;

b) Expenditure for organizing management, supervision, operation, and development of the System;

c) Expenditure for managing and supervising the e-GP Project Enterprise;

d) Expenditure for activities related to guiding and training users of the System;

đ) Expenditure for communication and international cooperation in electronic procurement;

e) Expenditure for activities related to the work of receiving and processing participation dossiers, applying information technology in procurement work, and managing databases;

g) Investment expenditure and use of funds in accordance with regulations on self-management in public service units;

h) Regular expenditure and investment tasks serving the implementation of electronic procurement.

2. Distribution of financial results and establishment of funds in accordance with the self-management mechanism shall comply with the provisions of the law.

a) The National Electronic Procurement Center shall prepare revenue and expenditure plans related to the selection of contractors and investors on the System according to the contents in Appendix I issued together with this Circular and submit them to the Management Board of the National Electronic Procurement Center (hereinafter referred to as the Management Board) or incorporate them into the budget of the Procurement Management Department submitted to the Ministry of Planning and Investment for approval (in cases where the Management Board has not yet been established);

b) In case of additional tasks, the Management Board or the Procurement Management Department (in cases where the Management Board has not yet been established) may proactively adjust the revenue and expenditure items in Appendix I issued together with this Circular and bear responsibility for such adjustments within the approved annual revenue and expenditure plan;

c) The National Electronic Procurement Center shall be responsible for preparing the settlement of revenue and expenditure according to the contents in Appendix II issued together with this Circular and settle it into the operating expenses of the Procurement Management Department.

Chapter III
RESPONSIBILITIES OF THE PARTIES

Article 8. Responsibilities of the Management Board, the State Tender Management Agency, the National Electronic Tendering Center, and the e-GP Project Enterprise

1. Responsibilities of the Management Board:

Approving and adjusting the annual revenue and expenditure plans of the National Electronic Tendering Center in accordance with point a, Clause 3, Article 7 of this Circular.

2. Responsibilities of the State Tender Management Agency:

b) Settling revenues and expenditures of the National Electronic Tendering Center in accordance with point c, Clause 3, Article 7 of this Circular.

3. Responsibilities of the National Electronic Tendering Center:

a) Publicly announcing on the System the methods of collection, the target groups, and the rates of collection;

b) Publicly announcing on the System information about the e-GP Project Enterprise, the time when the e-GP Project Enterprise starts collecting fees, and the phone number for receiving feedback;

d) Organizing the collection of fees in accordance with Clause 1, Article 5 of this Circular;

đ) Managing and utilizing the collected fees in accordance with Article 7 of this Circular.

4. Responsibilities of the e-GP Project Enterprise:

a) Adhering to the regulations on the collection of fees;

b) Providing complete information, data, and figures on the collected fees as required by the National Electronic Tendering Center.

Article 9. Responsibilities of Contractors and Investors

Contractors and investors are responsible for paying the fees stipulated in Article 6 of this Circular. If contractors and investors fail to pay the fees within the prescribed payment period, their accounts will be suspended temporarily, and they will not be allowed to conduct transactions on the System until the payment obligation is fulfilled.

Chapter IV
IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from the date of issuance.

2. From the date this Circular takes effect, Circular No. 06/2021/TT-BKHĐT dated September 30, 2021, issued by the Minister of Planning and Investment detailing the procedures for collecting, submitting, managing, and using fees related to registration, information publication, contractor selection, and investor selection on the National Electronic Tendering Network and Vietnam Bid Newspaper, shall cease to be effective.

3. During implementation, if there are any issues related to the collection and payment of fees as stipulated in this Circular, relevant ministries, agencies at the level of ministries, government agencies, People's Committees at all levels, and related organizations should send their comments to the Ministry of Planning and Investment for timely review and guidance.

ANNEX I

PLAN FOR REVENUE AND EXPENDITURE RELATED TO THE NATIONAL ELECTRONIC TENDERING SYSTEM

(Annexed to Circular No. 05/2024/TT-BKHĐT dated April 19, 2024
of the Minister of Planning and Investment)

A. Revenue Plan

(Unit: VND)

CONTENT OF REVENUE

CONTENT OF EXPENDITURE

CONTENT OF REVENUE

ANNEX II

(Annexed to Circular No. 05/2024/TT-BKHĐT dated April 19, 2024

of the Minister of Planning and Investment)
A. Settlement of Revenue

B. Settlement of Expenditure

TOTAL (I+II+III)

CONTENT OF REVENUE

Other regular and investment expenditures for implementing electronic tendering

CONTENT OF REVENUE