Circular No. 06/2021/TT-BKHĐT detailing the collection, submission, management, and use of fees for registration, information posting, contractor selection, and investor selection on the National Public Procurement Network System, the Public Procurement Newspaper ceases to be effective.

CIRCULAR

DETAIL REGULATIONS ON THE COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR REGISTRATION, INFORMATION UPLOADING, SELECTION OF CONTRACTORS AND INVESTORS ON THE NATIONAL PROCUREMENT SYSTEM AND PROCUREMENT NEWS

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Public-Private Partnership dated June 18, 2020;

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

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors;

Pursuant to Decree No. 86/2017/NĐ-CP dated October 25, 7 2017 of of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of investors;

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

Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding implementation of the Law on Investment under Public-Private Partnership;

Article 1. Scope of Application

The Minister of Planning and Investment issues this Circular detailing the collection, payment, management and use of fees for registration, information uploading, selection of contractors and investors on the National Procurement System and Procurement News.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular details the following:

a) Collection, payment, management and use of service usage fees for packages and projects within the scope regulated by Article 1 of the Law on Bidding;

b) Collection, payment, management and use of fees as prescribed in Clause 6, Article 32 of Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding implementation of the Law on Investment under Public-Private Partnership (hereinafter referred to as Decree No. 35/2021/NĐ-CP).

2. The collection, payment, management and use of fees as prescribed in Clauses 1, 2, 3, 4 and 5, Article 32 of Decree No. 35/2021/NĐ-CP shall be implemented according to the guidance of the Ministry of Finance.

Article 2. Applicability

1. This Circular applies to:

a) Organizations and individuals implementing registration, information uploading, contractor and investor selection as prescribed in Clause 1, Article 1 of this Circular;

b) Organizations and individuals related to the management and operation of the National Procurement System.

2. Organizations and individuals not falling within the scope regulated by Clause 1, Article 1 of this Circular may choose to apply the provisions of this Circular to implement registration, information uploading, contractor and investor selection on the National Procurement System.

Article 3. Explanation of Terms

1. The National Procurement System(hereinafter referred to as the System) is an information technology system established and managed by the Ministry of Planning and Investment in accordance with Clause 26, Article 4 of the Law on Bidding, located athttp://muasamcong.mpi.gov.vn.

2. The National Online Bidding Centerunder the Department of Tender Management, Ministry of Planning and Investment is the organization operating the System in accordance with Article 75 of the Law on Bidding.

3. e-GP Projectis the "E-commerce Application in Government Procurement" project under the Public-Private Partnership (PPP) model approved by Decision No. 1546/QĐ-BKHĐT dated October 30, 2014 of the Minister of Planning and Investment, Decision No. 2032/QĐ-BKHĐT dated December 23, 2019 of the Minister of Planning and Investment and other decisions amending and supplementing (if any).

4. e-GP Project BOT Contractis the agreement in writing and any appendices to the contract (if any) signed between the Ministry of Planning and Investment and the selected Investor to implement the e-GP Project, the e-GP Project Company regarding the State granting rights to the Investor, the e-GP Project Company to invest, design, construct, operate, maintain, upgrade and transfer the National Procurement System under the PPP model.

5. e-GP Project Companyis the company established by the selected Investor to implement the e-GP Project in accordance with the law with the sole purpose of performing the e-GP Project BOT Contract.

6. Service Usage Feesare types of fees as prescribed in Clause 3, Article 13 of the Law on Bidding, Clause 9, Article 9 and Article 86 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors, Clause 6, Article 32 of Decree No. 35/2021/NĐ-CP.

7. Electronic Contractis a contract established in the form of data messages created, sent, received, digitally signed, stored on the System and having legal effect in accordance with the law on electronic transactions.

Chapter II

PRINCIPLES OF COLLECTION AND EXPENDITURE, AMOUNTS OF COLLECTION AND ORGANIZATION OF COLLECTION AND PAYMENT OF SERVICE USAGE FEES

Article 4. Principles for Collection and Expenditure of Service Usage Fees Revenue

1. The National Electronic Procurement Center, the Procurement Newspaper, and the e-GP Project Enterprise shall be responsible for collecting, managing, and utilizing the Service Usage Fees revenue in accordance with this Circular and the BOT Contract of the e-GP Project to provide services on the System and the Procurement Newspaper.

2. The sources of revenue from Service Usage Fees shall be used to perform the following tasks:

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.

b) Publishing procurement information and investor selection information on the System and the Procurement Newspaper;

b) Selecting contractors and investors on the System;

c) Other regular expenditure tasks and investment-related expenditures concerning the organization's management, maintenance, operation, and development of the System of the National Electronic Procurement Center and the Procurement Newspaper.

3. The Service Usage Fees revenue collected on the System and the Procurement Newspaper shall serve the activities of the National Electronic Procurement Center and the Procurement Newspaper under the financial autonomy mechanism for public service units.

4. State budget funds shall not be used to implement the tasks specified in Clause 2 of this Article. Any surplus or deficit shall be recorded in the funds according to current laws and shall only serve the tasks specified in Clause 2 of this Article.

Article 5. Levels of Service Usage Fees

1. The costs for selecting contractors and investors on the System include:

a) Registration fee for joining the System (only paid once at registration) is VND 550,000 (inclusive of VAT);

b) Maintenance fee for the contractor's and investor's name and capability file on the System is VND 550,000 for one year (inclusive of VAT). Contractors and investors shall pay this fee starting from the second year after the year of joining the System;

c) Submission fee for tender documents is VND 330,000 for one tender package (inclusive of VAT); submission fee for proposal documents is VND 220,000 for one tender package (inclusive of VAT);

d) Winning bidder cost is calculated at 0.022% of the winning bid price but capped at VND 2,200,000 (inclusive of VAT). For tender packages divided into multiple parts or separate lots, the winning bidder cost is calculated based on the value of each part or lot separately;

đ) Electronic contract usage cost is calculated at 0.022% of the contract value but capped at VND 2,200,000 (inclusive of VAT).

2. Costs for publishing procurement information on the System and the Procurement Newspaper:

a) Cost for publishing tender invitation notices, notice of interest, prequalification invitation notices is VND 330,000 for one tender package or one project for one language (inclusive of VAT);

b) Cost for publishing bid invitation notices, shortlist notices is VND 165,000 for one tender package for one language (inclusive of VAT).

Article 6. Organization of Collection and Payment of Service Usage Fees

1. Organization of Collection of Service Usage Fees:

a) The National Electronic Procurement Center is responsible for collecting all types of Service Usage Fees as stipulated in Points a and b of Clause 1 of Article 5 of this Circular. The collection account is the Vietnamese dong account of the National Electronic Procurement Center opened at a commercial bank;

b) The Procurement Newspaper is responsible for collecting Service Usage Fees as stipulated in Clause 2 of Article 5 of this Circular. The collection account is the Vietnamese dong account of the Procurement Newspaper opened at a commercial bank.

The Procurement Newspaper will transfer a portion of the revenue from publishing procurement information to the National Electronic Procurement Center according to the Decision of the Minister of Planning and Investment to manage and supervise the upgrading, operation, and development of the System, ensuring continuous and stable operation for publishing procurement information on the System, while the remaining amount will be used to fulfill the function of publishing procurement information on the Procurement Newspaper;

c) The e-GP Project Enterprise through the BOT Contract of the e-GP Project will collect all types of Service Usage Fees as stipulated in Points c, d, đ of Clause 1 of Article 5 of this Circular. The start date for collection is specified in Clauses 3 and 4 of Article 11 of this Circular. The collection account is the Vietnamese dong account of the e-GP Project Enterprise opened at a commercial bank.

2. Organization of Payment of Service Usage Fees:

a) The tenderer shall pay the cost for publishing procurement information as stipulated in Clause 2 of Article 5 of this Circular within a maximum period of 14 days from the date the tenderer legally publishes the information on the System;

b) Contractors shall pay the fees as stipulated in Clause 1 of Article 5 of this Circular as follows:

- For the registration fee for joining the System, the maximum payment period is 14 days from the date of approval of the registration on the System;

- For the maintenance fee for the contractor's name and capability file on the System, the payment deadline is before April 1st each year (except the year of joining the System); contractors do not have to pay the maintenance fee for their name and capability file on the System for years during which their account status is officially announced as temporarily suspended throughout the year (from January 1st to December 31st of that year);

In case contractors pay the maintenance fee for their name and capability file on the System for multiple years (maximum five years), the amount paid will be deducted accordingly for each year; during this period, if the contractor registers to suspend their account on the System for the entire year (from January 1st to December 31st of the registration year), the remaining amount paid will be reserved and automatically deducted for subsequent years after the contractor resumes their account on the System;

- For the submission fee for tender documents and proposal documents, the maximum payment period is 14 days from the opening of bids;

- For the winning bidder cost, the maximum payment period is 14 days from the signing of the contract;

- For the electronic contract usage cost, the maximum payment period is 14 days from the date the electronic contract is signed by both parties on the System. If the contractor does not choose to use the electronic contract service, they do not need to pay this fee.

c) Investors shall pay the joining fees for the System as stipulated in Points a and b of Clause 1 of Article 5 of this Circular as follows:

- For the registration fee for joining the System, the maximum payment period is 14 days from the date of approval of the registration on the System;

- As for the maintenance costs of the investor's name and capability file on the System, the submission deadline is before April 1st each year (except for the year of registration on the System); investors are not required to pay the maintenance costs for their name and capability file on the System during years when their account status is officially announced as temporarily suspended throughout the year (from January 1st to December 31st of that year).

In cases where investors submit maintenance costs for their name and capability file on the System for multiple years (maximum of five years), the amount will be deducted correspondingly for each year; during this period, if the investor registers to suspend their account on the System for the entire year (from January 1st to December 31st of the registration year), the remaining paid amount will be reserved and automatically deducted for subsequent years after the investor registers to restore their account on the System.

Chapter III

MANAGEMENT AND USE OF REVENUE FROM SERVICE FEES

Article 7. Management and use of revenue from service fees for the National Electronic Bidding Center

1. Content of expenditure:

a) Expenditure to fulfill obligations with the State Budget;

b) Expenses for organizing management, supervision of information posting about bidding and selection of investors on the System;

c) Expenses for organizing management, supervision, operation, and development of the System;

d) Expenses for managing and supervising the e-GP Project Enterprise;

đ) Expenses for guiding and training users of the System;

e) Expenses for communication activities and international cooperation on electronic bidding;

g) Expenses related to the work of receiving and processing participation files, applying information technology in tendering work, and managing databases;

h) Investment expenses, use of funds according to regulations on self-management in public service units;

i) Regular expenditure tasks and other investment tasks serving the implementation of electronic bidding as stipulated.

2. The distribution of financial results and the establishment of funds under the self-management mechanism shall comply with current laws.

3. State budget funds shall not be used to implement the tasks specified in Clause 1 of this Article. Any surplus or deficit shall be recorded in the funds according to current laws and shall only serve the tasks specified in Clause 1 of this Article.

4. Organization of planning, approval, adjustment, and annual settlement of revenues and expenditures:

a) The National Electronic Bidding Center shall prepare plans for revenue and expenditure related to contractor and investor selection on the System; post bidding information and investor selection information according to the contents in Appendix I issued together with this Circular, and submit them to the Management Board or consolidate them into the budget of the Tender Management Department for approval by the Ministry of Planning and Investment (in cases where the Management Board has not yet been established);

b) In case of additional tasks, the Management Board or the Tender 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 plan. Adjustments can only be made within the planning year;

c) The National Electronic Bidding Center is responsible for preparing the final settlement of revenues and expenditures according to the contents in Appendix II issued together with this Circular and settle them into the operating budget of the Tender Management Department.

Article 8. Management and use of revenue from Service Usage Fees for the Bid Newspaper

1. Content of expenditure:

a) Expenditure to fulfill obligations with the State Budget;

b) Expenditure on printing the Bid Newspaper;

c) Expenditure on transportation and distribution of the Bid Newspaper nationwide;

d) Expenditure for individuals participating in activities related to publishing tender information including salaries, allowances, and other legitimate expenses for employees as prescribed by law;

đ) Expenditure on office supplies, office materials, communication, electricity, water, information technology applications, and outsourced services supporting the publication of tender information;

e) Expenditure on purchasing, maintenance, and regular repairs, major repairs, warranty, maintenance, and upgrading of assets, machinery, and equipment serving the publication of tender information;

g) Expenditure on organizing and managing activities related to the publication and distribution of tender information;

h) Other regular expenditure and investment tasks related to the organization, management, and publication of tender information.

2. Financial results distribution and establishment of funds shall be carried out according to the self-management mechanism in accordance with current laws.

3. State budget funds shall not be used to implement the tasks specified in Clause 1 of this Article. Any surplus or deficit shall be recorded in the funds according to current laws and shall only serve the tasks specified in Clause 1 of this Article.

4. Organization of planning, approval, adjustment, and annual settlement of revenues and expenditures:

a) The Bid Newspaper shall prepare plans for revenue and expenditure related to the publication of tender information on the Bid Newspaper in accordance with the contents stipulated in Appendix I attached hereto, and consolidate them into the budget of the Bidding Management Agency for submission to the Ministry of Planning and Investment for approval;

b) In case of additional tasks arising, the Bidding Management Agency may proactively adjust the revenue and expenditure items in Appendix I attached hereto within the approved annual plan and bear responsibility for such adjustments. Such adjustments can only be made within the planning year;

c) The Bid Newspaper shall be responsible for preparing final accounts of revenue and expenditure in accordance with the contents stipulated in Appendix II attached hereto and consolidating them into the operational budget of the Bidding Management Agency.

Chapter IV

RESPONSIBILITIES OF THE PARTIES

Article 9. Responsibilities of the National Public Procurement Center Management Board, the Bidding Management Agency, the National Public Procurement Center, the Bid Newspaper, and the e-GP Project Company

1. The National Public Procurement Center Management Board:

a) Approve the annual revenue and expenditure plans of the National Public Procurement Center in accordance with point a, Clause 4, Article 7 of this Circular;

b) Adjust the annual revenue and expenditure plans of the National Public Procurement Center in accordance with point b, Clause 4, Article 7 of this Circular;

c) Report to higher-level management authorities on the revenue and expenditure activities of the National Public Procurement Center in accordance with the regulations.

2. The Bidding Management Agency:

a) Monitor, supervise, and manage the implementation of the BOT Contract for the e-GP Project;

b) Consolidate the annual revenue and expenditure plans of the National Public Procurement Center (in cases where the Management Board has not yet been established), the Bid Newspaper, and submit them to the Ministry of Planning and Investment for approval in accordance with point a, Clause 4, Article 7 and point a, Clause 4, Article 8 of this Circular;

c) Adjust the annual revenue and expenditure plans of the National Public Procurement Center (in cases where the Management Board has not yet been established), the Bid Newspaper in accordance with point b, Clause 4, Article 7 and point b, Clause 4, Article 8 of this Circular;

d) Finalize the revenue and expenditure of the National Public Procurement Center and the Bid Newspaper in accordance with point c, Clause 4, Article 7 and point c, Clause 4, Article 8 of this Circular.

3. The National Public Procurement Center:

a) Announce publicly on the System the procedures for collecting Service Usage Fees, including methods, modes, targets, and rates;

b) Announce publicly on the System information about the name of the e-GP Project, the e-GP Project Company, the date when the e-GP Project Company begins to collect Service Usage Fees, and the contact number for receiving feedback;

c) Inspect and monitor the data collection of Service Usage Fees for the e-GP Project Company on the System to ensure compliance with regulations, promptly report violations, and propose handling measures. The Bidding Management Agency shall be responsible for submitting these proposals to the Ministry of Planning and Investment for consideration and decision-making regarding the handling of violations based on the recommendations of the National Public Procurement Center;

đ) Organize the collection of Service Usage Fees in accordance with point a, Clause 1, Article 6 of this Circular;

e) Manage and use the revenue from Service Usage Fees in accordance with Article 7 of this Circular.

4. The Bid Newspaper:

a) Organize the collection of Service Usage Fees in accordance with point b, Clause 1, Article 6 of this Circular;

b) Manage and use the revenue from Service Usage Fees in accordance with Article 8 of this Circular.

5. The e-GP Project Company:

a) Comply with legal provisions and fully implement all contents stipulated in the BOT Contract for the e-GP Project;

b) Ensure the security and confidentiality of the System's database and bear legal responsibility if there are any violations;

c) Provide complete information, data, figures, and documents as required by the Ministry of Planning and Investment to support monitoring, inspection, and auditing related to the System.

Article 10. Responsibilities of the Tender Inviter, Contractor, and Investor

1. The Tender Inviter shall be responsible for submitting the costs for publishing tender information in accordance with the deadline stipulated in point a, Clause 2, Article 6 of this Circular. If the cost is not paid within the prescribed payment period, the Tender Inviter shall not be allowed to publish tender information on the System for subsequent tenders until the obligation to pay the cost is fulfilled.

2. The Contractor shall be responsible for submitting the costs as stipulated in point b, Clause 2, Article 6 of this Circular. If the cost is not paid within the prescribed payment period, the Contractor's account on the System will be suspended temporarily, and the Contractor shall not be permitted to conduct transactions on the System until the obligation to pay the cost is fulfilled.

3. The Investor shall be responsible for submitting the costs as stipulated in point c, Clause 2, Article 6 of this Circular. If the cost is not paid within the prescribed payment period, the Investor's account on the System will be suspended temporarily, and the Investor shall not be permitted to conduct transactions on the System until the obligation to pay the cost is fulfilled.

Chapter V

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from March 1, 2022.

2. The provisions in Chapter III of Circular No. 11/2019/TT-BKHĐT dated December 16, 2019, issued by the Minister of Planning and Investment, detailing the provision of tender information, the publication of tender information, the implementation timeline for online contractor selection, and the management and utilization of bid security and performance guarantee that are not refundable, shall cease to be effective from the date this Circular takes effect.

3. The Minister of Planning and Investment shall issue a Decision regarding the commencement date and the content of the fees collected from the e-GP Project Company as stipulated in point c, Clause 1, Article 5 of this Circular.

4. The collection of fees from winning contractors and the usage fees for electronic contracts as stipulated in points d and đ, Clause 1, Article 5 of this Circular shall be implemented from January 1, 2023, based on the Decision of the Minister of Planning and Investment.

5. The National Online Tendering Center shall continue to collect, manage, and utilize the service usage fees as stipulated in point c, Clause 1, Article 5 of this Circular until the e-GP Project Company begins collecting fees according to the provisions of Clause 3 of this Article.

Article 12. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related agencies and organizations involved in registering, publishing tender information, selecting contractors, and investors on the national online tendering system and the Vietnam Bid Newspaper shall organize the implementation of this Circular based on their respective functions and responsibilities.

2. During the implementation process, if there are any issues related to the fee collection provisions of this Circular, relevant ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related agencies and organizations shall submit their opinions to the Ministry of Planning and Investment for timely review and guidance.

ANNEX I

PLAN FOR COLLECTION AND EXPENDITURE OF AMOUNTS RELATED TO PARTICIPATION IN THE SYSTEM AND PUBLICATION OF TENDER INFORMATION ON THE SYSTEM AND THE VIETNAM BID NEWSPAPER OF THE TENDER MANAGEMENT DEPARTMENT

(Unit: VND)

CONTENT OF REVENUE

CONTENT OF EXPENDITURE

(Unit of measurement: VND

ANNEX II

SETTLEMENT OF COLLECTIONS AND EXPENDITURES OF AMOUNTS RELATED TO PARTICIPATION IN THE SYSTEM AND PUBLICATION OF TENDER INFORMATION ON THE SYSTEM AND THE VIETNAM BID NEWSPAPER OF THE TENDER MANAGEMENT DEPARTMENT

TOTAL (I+II+III)

CONTENT OF REVENUE

Other regular and investment expenditures for implementing electronic tendering

CONTENT OF REVENUE