Circular No. 06/2024/TT-BKHĐT guides the provision and publication of information on contractor selection and bidding documents templates on the National Public Procurement System.

CIRCULAR

GUIDELINES FOR PROVIDING AND POSTING INFORMATION ON THE SELECTION OF CONTRACTORS AND BID DOCUMENT TEMPLATES ON THE NATIONAL PROCUREMENT SYSTEM

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

Pursuant to Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures for implementation of the Law on Procurement regarding the selection of contractors;

Pursuant to Decree No.Decision No. 130/2018/NĐ-CP||| dated September 27, 2018 of the Government detailing the implementation of the Law on Bidding regarding digital signatures and services for verifying digital signatures;

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 posting of information on the selection of contractors and bid document templates on the National Procurement System.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on providing and publishing information on selecting contractors and bidding documents, including:

1. Templates for establishing, reviewing, and approving comprehensive plans for selecting contractors, bidding plans for projects and procurement budgets as stipulated in Article 1 and Article 2 of the Law on Bidding;

2. Bidding documents on the National Public Procurement System for packages involving consulting services, non-consulting services, goods (excluding drugs), construction works within the scope regulated by the Law on Bidding, organized through open bidding, selective bidding, and domestic competitive bidding in one-stage one-envelope and one-stage two-envelope methods.

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 selecting contractors outside the scope regulated by Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the process shall be carried out according to the system referred to herein (hereinafter called the System) which is an information technology system established and managed by the Ministry of Planning and Investment as provided for in Clause 18, Article 4 of the Law on Bidding, available at https://muasamcong.mpi.gov.vn.Guidelines for Useon the National E-Government Procurement System.

Article 3. Explanation of Terms  

1. The National E-Government Procurement SystemThe National Enterprise Registration Information System

2. is the specialized information system for enterprise registration as prescribed in Clause 2, Article 3 of Decree No. 01/2021/NĐ-CP.is an online prequalification notice;

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

a)E-TBMSTis an online notice of interest;

b)E-TBMQTis an online tender notice;

c)E-TBMTis a document, information successfully sent, received, and stored on the System, including:

d)E-HSMQTis an online interest proposal;

đ)E-HSQTis an online interest proposal;

e)E-HSMSTis an online prequalification proposal;

g)E-HSDSTis an online prequalification submission;

h)E-HSMTis a tender invitation document for online open tendering, restricted tendering, and domestic competitive bidding;

i)E-HSDTis a bid document for online open tendering, restricted tendering, and domestic competitive bidding;

k)E-HSĐXKTis a technical proposal submitted online;

l)E-HSĐXTCis a financial proposal submitted online.

4. Electronic documentd) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, notice of interest, prequalification notice, tender notice; clarifications on E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, notice of interest, prequalification notice, tender notice;

a) Project information;

b) Comprehensive plan for selecting contractors; plan for selecting contractors;

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

d) Shortlist;

l) Other electronic documents exchanged on the System.

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;

is information posted on the System by the entities specified in Article 2 of this Circular that does not comply with the laws on bidding and other relevant laws.

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.d) Training institutions for bidding;

6. Guidelinesis a public digital certificate issued by an organization providing public digital signature verification services or a digital certificate issued by an organization providing government-specific digital signature verification services.

7. Guidelines for Useis an electronic document published on the System to guide users in conducting transactions on the System.

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

a) Project sponsor;

b) Tender inviter;

c) Contractor (individuals, groups of individuals participating in individual consultancy tenders; individuals, groups of individuals participating in innovative start-up tenders for goods procurement; organizations; households engaged in business operations);

d) Bid management unit;

e) Manufacturer blocks (manufacturers, representative offices, distributors of manufacturers) registering to participate in the System to respond to information reflected by contractors.

Participation account in the System

9. is an account issued by the National Online Bidding Center to organizations participating in the System to perform one or more roles as prescribed in Clause 8 hereof.e-GP Project Company

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 System participation account to conduct transactions on the System.

11. is a limited liability company established by the Investor (FPT Information System Joint Stock Company) under the BOT Contract for the e-GP Project. The e-GP Project Company and the National Online Bidding Center (hereinafter referred to as the Center) implement the responsibilities of the organization operating the System as prescribed in Article 52 of the Law on Bidding.is the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information System Joint Stock Company) to invest, design, construct, operate, maintain, upgrade, and transfer the National Public Procurement Network System under the public-private partnership model.

12. BOT Contract for the e-GP Projecta) Template No. 01A is used to prepare the proposal for the overall plan for selecting contractors;

Article 4. Application of Forms and Appendices

1. The forms for establishing, reviewing, and approving the overall plan for selecting contractors include:

b) Template No. 01B is used to prepare the report on reviewing the overall plan for selecting contractors;

c) Template No. 01C is used to prepare the decision on approving the overall plan for selecting contractors.

2. Templates for establishing, reviewing, and approving the plan for selecting contractors include:

In cases where certain contents within the approved overall plan for selecting contractors need to be adjusted, only the changed or adjusted contents will be established, submitted, reviewed, and approved.

a) Template No. 02A is used to prepare the proposal for the plan for selecting contractors;

b) Template No. 02B is used to prepare the report on reviewing the plan for selecting contractors;

c) Template No. 02C is used to prepare the decision on approving the plan for selecting contractors.

In case adjustments are needed for certain contents within the approved plan for selecting contractors, only the changed or adjusted contents need to be prepared, reviewed, and approved. For work items that have not yet met the conditions for preparing the plan for selecting contractors, when they meet the conditions, only those work items need to be prepared, reviewed, and approved without having to re-prepare, review, and approve the previously approved work items. If there is a change in the execution time of the package contract compared to the approved plan for selecting contractors during the contract implementation period, the plan for selecting contractors does not need to be adjusted.

a) Template No. 3A is used to prepare E-HSMT applying open bidding, selective bidding, and competitive bidding in one-stage one-envelope method;

3. For construction works packages:

b) Template No. 3B is used to prepare E-HSMT applying open bidding and selective bidding in one-stage two-envelope method;

c) Template No. 3C is used to prepare E-HSMST.

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

a) Template No. 4A is used to prepare E-HSMT applying open bidding, selective bidding, and competitive bidding in one-stage one-envelope method;

b) Template No. 4B is used to prepare E-HSMT applying open bidding and selective bidding in one-stage two-envelope method;

c) Template No. 4C is used to prepare E-HSMST.

5. For service packages excluding consulting services:

a) Template No. 5A is used to prepare E-HSMT applying open bidding, selective bidding, and competitive bidding in one-stage one-envelope method;

b) Template No. 5B is used to prepare E-HSMT applying open bidding and selective bidding in one-stage two-envelope method;

c) Template No. 5C is used to prepare E-HSMST.

6. For consulting service packages:

6. With respect to consultancy service tender packages:

a) Model number 6A is used to establish the E-HSMT for open tendering and restricted tendering according to the two-envelope method;

b) Model number 6B is used to establish the E-HSMQT;

c) Form No. 6C is used to establish the forms for individual consultants.

7. Regarding the Report Template:

a) Model number 7A is used to establish the report on the evaluation of the E-HSDT according to process 01 specified in point a, Clause 1, Article 28 of this Circular for non-advisory service contracts, procurement of goods, construction works under the one-stage one-envelope method;

b) Model number 7B is used to establish the report on the evaluation of the E-HSDT according to process 02 specified in point b, Clause 1, Article 28 of this Circular for non-advisory service contracts, procurement of goods under the one-stage one-envelope method;

c) Model number 7C is used to establish the report on the evaluation of the E-HSDT for non-advisory service contracts, procurement of goods, construction works under the one-stage two-envelope method;

d) Model number 7D is used to establish the report on the evaluation of the E-HSDT for advisory service contracts under the one-stage two-envelope method.

8. Annexes:

a) Annex 1A: Model Notification Requesting Approval of Evaluation Results of the E-HSĐXKT (for contracts using the one-stage two-envelope method);

b) Annex 1B: Model Decision Approving the List of Bidders Meeting Technical Requirements (for contracts using the one-stage two-envelope method);

c) Annex 2A: Model Comparison Result (for all contracts);

d) Annex 2B: Model Minutes of Contract Negotiation (for procurement of goods, construction works, mixed contracts, non-advisory services subject to contract negotiation as stipulated in point d, Clause 1, Article 43 of the Bidding Law);

đ) Annex 2C: Model Minutes of Contract Negotiation (for advisory service contracts);

e) Annex 3A: Model Notification Requesting Approval of Bid Selection Results;

g) Annex 3B: Model Decision Approving Bid Selection Results;

h) Annex 4: Model Commitment Letter;

i) Annex 5: Information Registration Form for Legal Normative Documents on Bidding;

j) Annex 6: Notification Form of Information on Foreign Bidders Winning Contracts in Vietnam;

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

l) Annex 8: Certain Acts of Violation Specified in Clause 3, Article 44 of the Bidding Law.

9. 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 loan agreements shall be implemented in accordance with Clause 5, Article 3 of the Bidding Law. The role of organizations and individuals responsible for preparing, reviewing, and approving the overall plan for contractor selection, bidding plans, E-HSMQT, E-HSMST, E-HSMT, and bid selection results shall be carried out in accordance with the Bidding Law and detailed regulations and guidance on implementing this Law; the content of the overall plan for contractor selection, bidding plans, 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 preparation, review, and approval of the overall plan for contractor selection, bidding plans, E-HSMT, E-HSMQT, E-HSMST, reports on the evaluation of E-HSDT, E-HSQT, E-HSDST shall be conducted in accordance with the models prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article.

Information on bidding for contracts under projects specified in this clause is encouraged to be posted in the "other capital" section of the System.

10. For projects and contracts containing contents listed in the State Secrets Catalogue as prescribed by laws on protecting state secrets, such information does not need to be provided or posted 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  

1. Files uploaded to the System must ensure:

a) Files that can be opened and read by commonly used software such as MS Office or Open Office word processing and reading software; PDF file reading software; commonly used design software like AutoCAD, 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, RAR, or 7Zip software. 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 the attached files in the Invitation to Express Interest, E-HSMQT, Prequalification Documents, E-HSMST, Tender Documents, 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 re-upload and issue the entire Invitation to Express Interest, E-HSMQT, Prequalification Documents, E-HSMST, Tender Documents, E-HSMT.

3. In cases where the attached files in the 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, tendering packages for selecting contractors through the network with closing times, deadlines for clarifying E-HSQT, E-HSDST, E-HSDT 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, new deadlines for clarifying E-HSQT, E-HSDST, E-HSDT, which are six hours after the completion of the repair.

2. In cases where the new closing time and new deadlines for clarifying E-HSQT, E-HSDST, E-HSDT according to 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 case the System automatically extends the bidding closing time as stipulated in Clauses 1 and 2 of this Article, the evaluation of E-Qualification Documents (E-HSQT), E-Bid Submission Documents (E-HSDST), and E-Bid Documents (E-HSDT) shall be based on the bidding closing time stated in E-Bidding Closing Time Notice (E-TBMQT), E-Bid Submission Closing Time Notice (E-TBMST), and E-Bid Closing Time Notice (E-TBMT) prior to the time when the System encountered technical issues.

Article 7. Management of Accounts and Use of Digital Certificates

1. Establishment of Business Accounts:

The Account participating in the System creates, assigns permissions for the Business Account corresponding to the roles of the Organization participating in the System as specified in Points a, b, c, d, and đ of Clause 8 of Article 3 of this Circular; locks, unlocks; resets password, authentication form, login verification device for the Business Account.

2. Use of Digital Certificates on the System:

a) Organizations and individuals granted digital certificates upon joining the System must register to use digital certificates according toGuidelines for Use. Digital certificates used on the System are those issued to organizations and individuals as stipulated in Clause 8 of Article 3 of this Circular;

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

c) The registration, change, or cancellation of information related to digital certificates of organizations and individuals participating in the System shall be carried out on the System according toGuidelines for Use;

d) Organizations and individuals 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. The electronic document prescribed in Clause 4 of Article 3 of this Circular has legal validity and serves as the basis for comparison, verification of information to support the work of evaluation, examination, inspection, audit, and disbursement in accordance with the provisions of 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 the user sends an electronic document through the System, the System must provide feedback to the user regarding whether the sending was successful or not.

4. An Organization that successfully registers on the System has the right to access its 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, examinations, audits, and disbursements shall not require the provision of paper documents when the retrieval and access to corresponding electronic documents can be performed on the System, except in cases where it is necessary to verify by the original document.

Article 9. Conditions for Information and Communication Technology Infrastructure

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

Chapter II

PROVIDING AND UPLOADING INFORMATION ON CONTRACTOR SELECTION

Article 10. Provision of information for building a national database of contractors and the quality of goods used

1. Information on the legal status of the contractor

The System extracts information on the legal status, financial reports, and other information of enterprises, cooperatives, and business households stored in the National Enterprise Registration Information System, Cooperative Registration Information System, and Business Household Registration Information System. For contractors who have not registered in the National Enterprise Registration Information System, Cooperative Registration Information System, or Business Household Registration Information System, the contractor provides the information when registering to participate in the System.

2. Information on the Capacity and Experience of Contractors

a) Information on the contractor's capacity and experience as prescribed in Point c of Clause 1 of Article 17 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing measures of the Bidding Law on selecting contractors (hereinafter referred to as Decree No. 24/2024/NĐ-CP). In case the contractor holds certificates as prescribed by law, they declare such certificates on the System.

b) The contractor proactively updates information on their capacity and experience as prescribed in Point a of this Clause on the System and bears legal responsibility for the accuracy of the declared information on the System. In case the contractor makes modifications on the System themselves, the System will retain all information before and after the contractor's modification. Information on the contractor's capacity and experience is verified by the contractor's digital signature.

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

d) In case the contractor declares untruthfully to obtain financial benefits or other benefits or to evade any obligation, it shall be considered fraud as stipulated in Clause 4 of Article 16 of the Bidding Law.

đ) Regarding the content of financial report data, 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 modifies it to match the reported data to the tax authority, and the System will retain the modified versions of the contractor's information.

3. The project owner provides information on the contractor's reputation in participating in bids as prescribed in Point d of Clause 1 of Article 17 of Decree No. 24/2024/NĐ-CP.

4. The project owner or the unit with procurement needs in centralized procurement is responsible for providing information on the contractor's contract performance results as prescribed in Point đ of Clause 1 of Article 17 of Decree No. 24/2024/NĐ-CP.

5. The project owner or the unit with procurement needs in centralized procurement is responsible for providing information on the quality of goods already used as prescribed in Clause 2 of Article 17 of Decree No. 24/2024/NĐ-CP.

6. The project owner provides information on the handling of violations of the Bidding Law as prescribed in Point a of Clause 1 of Article 8 of the Bidding Law.

Article 11. Main Information of the Contract

1. The main information of the contract includes: contract number, contracting subjects, contract price, type of contract, time for implementing the tender package as stipulated in Clause 7, Article 39 of the Bidding Law, contract performance period (the number of days from the date the contract becomes effective to the date all parties complete their obligations as specified in the contract), the date the contract begins to be effective, list of subcontractors (if any), scope of work under the contract, other information (if any).

2. The project owner shall provide the main information of the contract no later than five working days from the date the contract becomes effective as stipulated in Clause 4, Article 8 of the Bidding Law.

Article 12. Information on the Project, Overall Plan for Selecting Contractors, and Plan for Selecting Contractors

1. Time of posting:

Information on the overall plan for selecting contractors and the plan for selecting contractors shall be posted on the System by the project owner in accordance with Point a, Clause 1 and Clause 4, Article 8 of the Bidding Law and Clause 6, Article 14 of Decree No. 24/2024/ND-CP.

2. When posting the overall plan for selecting contractors, the project owner must attach documents serving as the basis for establishing the overall plan for selecting contractors as stipulated in Clause 2, Article 14 of Decree No. 24/2024/ND-CP.

As for the contractor selection plan, basic information about the project shall be posted simultaneously with the contractor selection plan.

3. In cases where the approved budget estimate for the tender package is approved after the approval of the plan for selecting contractors as stipulated in Clause 2, Article 131 of Decree No. 24/2024/ND-CP, the approved budget estimate must be posted on the System at least five days before the bidding deadline.

4. Attached documents:

The project owner must attach the decision approving the overall plan for selecting contractors and the plan for selecting contractors during the process of posting the overall plan for selecting contractors and the plan for selecting contractors.

Article 13. Notice of Interest Invitation, Prequalification Notice, E-TBMQT, E-TBMST

The tenderer shall post the notice of interest invitation, prequalification notice, E-TBMQT, and E-TBMST on the System according to the schedule for organizing the selection of contractors and in accordance with the time for organizing the selection of contractors in the approved plan for selecting contractors. Amendments or cancellations of the notice of interest invitation, prequalification notice, E-TBMQT, and E-TBMST can only be made before the bidding deadline, except in cases where no contractor submits an expression of interest or prequalification application, E-HSQT, or E-HSDST.

Article 14. Issuance, Amendment, and Clarification of the Notice of Interest Invitation, Prequalification Notice, E-HSMQT, E-HSMST

1. Issuance:

a) The notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST shall be issued free of charge on the System immediately after successfully posting the prequalification notice, notice of interest invitation, E-TBMQT, and E-TBMST. During the posting of the prequalification notice, notice of interest invitation, E-TBMQT, and E-TBMST, the tenderer must attach the decision approving the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST; the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST that have been approved.

The project owner and the tenderer shall not issue paper copies of the notice of interest invitation and prequalification notice to contractors. If the project owner or the tenderer issues paper copies to contractors, such copies shall not have legal value for preparing and evaluating expressions of interest and prequalification applications.

b) In cases where the content of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST posted on the System differs from the content of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST that have been approved, the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST issued on the System shall serve as the basis for preparing and evaluating expressions of interest and prequalification applications, E-HSQT, and E-HSDST.

2. Amendment:

a) For non-electronic selection of contractors, in cases where the notice of interest invitation and prequalification notice are amended after issuance, the tenderer must post the following documents on the System: the amendment decision along with the amended content of the notice of interest invitation and prequalification notice; or the amendment decision and the amended notice of interest invitation and prequalification notice, wherein the amended notice of interest invitation and prequalification notice must clearly reflect the amended content.

b) For electronic selection of contractors, in cases where E-HSMQT and E-HSMST are amended after issuance, the tenderer must post the following documents on the System: the amendment decision along with the amended content of E-HSMQT and E-HSMST; and the amended E-HSMQT and E-HSMST.

3. Clarification:

a) In cases where clarification of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST is required, the contractor must submit a request for clarification to the tenderer through the System at least three working days before the bidding deadline.

b) The tenderer must post the clarification document of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST on the System at least two working days before the bidding deadline.

c) The content of the clarification of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST shall not contradict the content of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST that have been approved. In cases where accepting the content of the request for clarification of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST leads to amending the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST, the amendment of the notice of interest invitation, prequalification notice, E-HSMQT, and E-HSMST shall be carried out in accordance with Clause 2 of this Article.

Article 15. Shortlist

1. Time of posting:

The tender inviter shall 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 16. Tender Notice, E-TBMT

The tender inviter shall post the tender notice, E-TBMT on the System according to the progress of selecting contractors and in accordance with the time for organizing the selection of contractors as set forth in the approved procurement plan. Amendments or cancellations of the tender notice, E-TBMT may only be made before the closing time of the tender, except in cases where no bidder submits a bid proposal, E-HSDT.

Article 17. Issuance, Amendment, Clarification of the Tender Document, E-HSMT

1. Issuance:

a) During the posting of the tender notice, E-TBMT, the tender inviter must attach the following documents: Decision approving the tender document, E-HSMT; the approved tender document, E-HSMT; the approved reference terms.

For non-electronic contractor selection, the tender document shall be issued on the System immediately after successfully posting the tender notice. The tender inviter shall not issue a paper version of the tender document to the bidders; if the tender inviter issues a paper version to the bidders, such paper version shall have no legal validity for establishing or evaluating bid proposals, E-HSDT, scientific curriculum vitae.

b) In case the content of the tender document, E-HSMT, reference terms posted on the System differs from the content of the approved tender document, E-HSMT, reference terms, the tender document, E-HSMT, reference terms issued on the System shall serve as the basis for establishing and evaluating bid proposals, E-HSDT, scientific curriculum vitae.

2. Amendment:

a) For non-electronic contractor selection, in case the tender document is amended after issuance, the tender inviter must post the following documents on the System in one of the two ways: the amendment decision accompanied by the amended contents of the tender document; or the amendment decision and the amended tender document, the amended tender document must clearly reflect the amended contents.

b) For electronic contractor selection, in case the E-HSMT, reference terms are amended after issuance, the tender inviter must post the following documents on the System: the amendment decision accompanied by the amended contents of the E-HSMT, reference terms; the amended E-HSMT, reference terms.

3. Clarification:

a) For non-electronic contractor selection, in case clarification of the tender document is required, the bidder must send a request for clarification to the tender inviter through the System at least three working days (for domestic tenders) or at least five working days (for international tenders) prior to the closing time of the tender for consideration and handling.

For electronic contractor selection, in case clarification of the E-HSMT, reference terms is required, the bidder must send a request for clarification to the tender inviter through the System at least three working days prior to the closing time of the tender for consideration and handling.

b) The tender inviter shall accept the content of the bidder's request for clarification and post the clarification document of the tender document, E-HSMT, reference terms on the System at least two working days prior to the closing time of the tender.

c) The content of the clarification of the tender document, E-HSMT, reference terms shall not contradict the content of the approved tender document, E-HSMT, reference terms. In case accepting the content of the bidder's request for clarification of the tender document, E-HSMT, reference terms leads to the need to amend the tender document, E-HSMT, reference terms, the amendment of the tender document, E-HSMT, reference terms shall be carried out in accordance with Clause 2 of this Article.

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

Article 18. Cancellation, extension, modification of published information

The revocation, extension, and amendment of published information shall be carried out in accordance withGuidelines for Use.

Article 19. Results of contractor selection

1. Time of posting:

The project owner shall publish the results of contractor selection on the System no later than five working days from the date of approval of the contractor selection results.

2. Attached documents include:

a) Decision approving 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 price in the contractor selection plan is adjusted according to point b, Clause 8, Article 131 of Decree No. 24/2024/NĐ-CP, the project owner must publish the decision to adjust the tender package price on the System before the deadline for resubmitting bids.

3. For procurement tenders for goods, detailed information about winning items must be published including the following contents:

a) List of goods;

b) Model code;

c) Brand name;

d) Year of manufacture;

đ) Country of origin (country, territory);

e) Manufacturer;

g) Basic configuration and technical features;

h) Unit of measurement;

i) Quantity;

k) Chapter code, Group code (corresponding to the first four digits of the code system) in the Harmonized System for Describing and Coding Goods issued by the World Customs Organization (WCO) (if applicable);

l) Winning bid unit price.

Article 20. Other information published on the System and procedures for publishing on the System

1. In addition to the information published on the System as prescribed in Articles 10, 11, 12, 13, 14, 15, 16, 17, and 19 of this Circular, other information to be published and implemented on the System includes:

a) Bid opening minutes for non-online bidding shall be published on the System within 24 hours from the bid opening time;

b) Decision to cancel the tender shall be published on the System within five working days from the signing date of the decision;

c) Documents resolving complaints by the project owner, authorized person shall be published on the System within five working days from the issuance date of the complaint resolution document;

d) List of contractors meeting technical requirements for non-online bidding shall be published on the System within five working days from the approval date;

đ) For two-stage bidding methods, the list of contractors meeting the requirements of the first stage tender invitation and the list of contractors meeting technical requirements in the second stage must be published on the System no later than five working days from the approval date;

e) List of foreign contractors winning tenders in Vietnam shall be published on the System within fifteen days from the effective date of the contract signed with foreign contractors;

2. The procedures for publishing information at Articles 10, 11, 12, 13, 14, 15, 16, 17, 19, and paragraph 1 of this Article shall be carried out according toGuidelines for Use.

Article 21. Responsibilities of the project owner

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

2. Publish the information stipulated in points a, g, h, i, and k of Clause 1 of Article 7 of the Bidding Law. In cases where the project owner hires a bidding consultant as the tender inviter, the project owner still bears responsibility for publishing this information.

3. Publish on the System information about foreign contractors winning tenders in Vietnam according to Appendix 6 promulgated together with this Circular; the publication shall be carried out according toGuidelines for Use. The information must 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 bid selection results.

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

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

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

Article 22. Responsibilities of the Tender Inviter

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

2. Publish information as prescribed in points b, c, d, and đ Clause 1, Article 7 of the Bidding Law. For international bidding packages, the tender inviter must publish such information as prescribed in points b, c, and d Clause 1, Article 7 of the Bidding Law in both Vietnamese and English; for information as prescribed in point đ Clause 1, Article 7 of the Bidding Law, the tender inviter shall publish it in English or in both Vietnamese and English.

3. Bear responsibility for the consistency between the documents published on the System and 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 be the 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 23. Responsibilities of the Center and e-GP Project Enterprise

1. The Center has the responsibility:

a) Manage and supervise the operation of the System to ensure its stable, continuous, secure, and confidential operation.

b) To develop documentationGuidelines for Use; support organizations participating in the System during the registration, provision, and publication of information and the 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) To coordinate with the e-GP Project Enterprise to fulfill the responsibilities prescribed in Article 52 of the Bidding Law.

2. The e-GP project enterprise shall perform the responsibilities stipulated in Article 52 of the Bidding Law.

Chapter III

SAMPLE BIDDING DOCUMENT CONTENT

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

1. The specialized team prepares E-HSMQT, E-HSMST, E-HSMT on the System. After the specialized team prepares E-HSMQT, E-HSMST, E-HSMT, the tender inviter submits them to the investor for the investor to organize their review and approval.

2. E-HSMQT, E-HSMST, E-HSMT must include all necessary information for contractors to prepare E-HSQT, E-HSDST, E-HSDT. If the tender inviter publishes E-HSMQT, E-HSMST, E-HSMT with incomplete information (missing design drawings and other documents) or unclear information causing difficulties for contractors in preparing E-HSQT, E-HSDST, E-HSDT, then E-HSMQT, E-HSMST, E-HSMT will be deemed invalid; the investor and the tender inviter must amend and supplement E-HSMQT, E-HSMST, E-HSMT appropriately and republish E-HSMQT, E-HSMST, E-HSMT. Amendments to E-HSMQT, E-HSMST, E-HSMT shall be carried out in accordance with Clause 2, Article 14 and Clause 2, Article 17 of this Circular.

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

4. In cases where prequalification or expressions of interest have been applied, if the contractor's capacity and experience when submitting E-HSDT differs from those at the time of prequalification or expression of interest, 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 Clause 3, Article 44 of the Bidding Law as specified in Appendix 8 issued together with this Circular, the tender inviter and the specialized team shall not exclude E-HSDT that do not meet these contents; these contents shall be deemed void according to Clause 4, Article 44 of the Bidding Law and shall not serve as grounds for evaluating E-HSDT.

6. In cases where consultants are hired to perform the roles of the tender inviter or the specialized team in publishing information, preparing E-HSMQT, E-HSMST, E-HSMT, evaluating E-HSQT, E-HSDST, E-HSDT, the hired unit shall carry out in accordance withGuidelines for Use.

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

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 according to the requirements of E-HSMQT, E-HSMST, E-HSMT and attach relevant documents to form the E-HSQT, E-HSDST, E-HSDT as follows:

a) Information regarding the validity of E-HSDT:

For the content concerning 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 an electronic bid guarantee issued by a domestic credit institution or a foreign bank branch established under Vietnamese law, or a certificate of surety insurance issued by a domestic non-life insurance company or a foreign non-life insurance company branch established under Vietnamese law, stored in the System as part of E-HSDT. For a joint venture contractor, all joint venture members must use the same type of bid guarantee: either electronic or paper;

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, production capacity: contractors declare and attach relevant documents to prove the declared information;

For financial capacity requirements: the contractor shall declare the information; if the contractor uses a credit provision commitment to prove financial capacity, in addition to declaring the information, the contractor must also 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: contractors declare on the webform without needing to attach scanned copies of related documents;

For financial report data starting from 2021, if the contractor discovers that the System has not updated the data compared to the Electronic Tax System for the years from 2021, the contractor must modify the information to match the data reported to the tax authority; if the data updated or modified by the contractor on the System does not align with the data on the Electronic Tax System, leading to distortion in the selection of contractors, the contractor will be considered fraudulent and in violation of Clause 4, Article 16 of the Bidding Law;

2. The contractor shall be responsible for studying E-HSMQT, E-HSMST, E-HSMT for the tenders of interest to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. If the contractor finds that E-HSMQT, E-HSMST, E-HSMT contain unclear contents causing difficulties for the contractor in preparing E-HSQT, E-HSDST, E-HSDT, the contractor must request the tenderer to clarify E-HSMQT, E-HSMST, E-HSMT so that the investor and tenderer can amend and supplement these documents appropriately;

3. The contractor shall be responsible for monitoring and updating information on the System for the tenders of interest or participation. In case errors occur due to failure to monitor and update information on the System, resulting in disadvantages for the contractor during the bidding process including changes or modifications 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, negotiation deadlines for contracts and other contents, the contractor shall bear the responsibility and suffer disadvantages during the bidding process;

4. In cases where the legal representative of the contractor authorizes the branch manager, subsidiary company manager, factory manager, or head of other dependent accounting units to perform tasks during the bidding process, participation in the System must be conducted through the contractor's account registered in the System, and not through the accounts of branches, subsidiaries, factories, or other dependent accounting units. If the contractor uses the account of a branch or other dependent unit (dependent accounting unit), the contractor will be deemed to have failed to meet the eligibility criteria as stipulated in Clause 1, Article 5 of the Bidding Law;

5. Fulfill other responsibilities including:

a) Registering to participate in the System to ensure eligibility as prescribed in Point d, Clause 1, Article 5 of the Bidding Law;

b) Fulfilling responsibilities as prescribed in Article 82 of the Bidding Law;

c) Managing the account registered on the System and digital certificates registered on the System.

Article 26. Content on Sample Goods

The E-HSMT shall not make demands for sample goods; in cases where technical assessment 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 the E-HSMT requests the provision of sample goods, the contractor may submit additional samples within five working days from the closing time of the tender.

Article 27. Opening Bids for Tender Selection via Network

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

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

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

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

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 (scan) of the approval document for the list of contractors meeting technical requirements. Once successfully posted, 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 the contractors listed in the approved list of contractors meeting technical requirements and publicly announce the E-HSĐXTC bid opening record on the System.

Article 28. Evaluation of E-HSDT

1. Evaluation process for E-EHSBT:

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

For centralized procurement tender packages requiring selection based on supply capability, the evaluation of tender guarantee, average annual revenue, similar contracts, and production capacity is conducted during the financial evaluation stage.

b) Process 02 applies to tender packages for purchasing goods and non-advisory services under a single-stage single-envelope method using the "lowest price" method and where all E-HSDTs have no preferences.

Based on the bid opening record, the System automatically ranks the contractors according to the lowest bid price (no need to approve the ranking list in this case). In cases where two or more contractors are ranked first, Process 02 is not applied but Process 01 must be followed;

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

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

Conduct a technical evaluation of the highest-ranked bidder.

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-HSDTs submitted by the contractors on the System and the E-HSMT's specified E-HSDT evaluation method, the tenderer may choose either Process 01 or Process 02 to evaluate the E-HSDT. Process 02 is only implemented when all conditions stipulated in Clause b of this Article 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 combination of technical and price methods), no need to determine preferences, and no need to rank the 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 according to Appendix 3A issued together with this Circular and attach the E-HSDT evaluation report to submit to the project investor for approval of the bid selection results.

2. The project investor shall approve the bid selection results according to Appendix 3B issued together with this Circular based on the submission report, the E-HSDT evaluation report, and the review report on the bid selection results.

Chapter IV

IMPLEMENTATION

Article 30. Transitional Provisions

1. For tender packages that have already approved the bid selection plan (published the bid selection plan or not published on the System) before January 1, 2024 but have not yet issued the tender interest invitation documents, prequalification documents, tender documents, or request documents by the time this Circular takes effect, they must approve the adjustment of the bid selection plan to comply with the provisions of the Bidding Law, Decree No. 24/2024/NĐ-CP, and this Circular (if applicable).

2. For tender packages that have been approved to apply for online bidding and established E-HSMST, E-HSMQT, E-HSMT according to Circular No. 01/2024/TT-BKHĐT dated February 15, 2024, guiding the provision and publication of information on bid selection and tender document templates on the National Online Bidding System (hereinafter referred to as Circular No. 01/2024/TT-BKHĐT):

a) In cases where the tender package has uploaded E-HSMST, E-HSMQT, E-HSMT on the System from January 1, 2024 to February 26, 2024, continue organizing shortlist selection, bid selection, signing, and managing the implementation of contracts according to the provisions of the Bidding Law No. 22/2023/QH15, contents still in compliance with the Bidding Law No. 22/2023/QH15 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 detailing certain provisions of the Bidding Law on bid selection (hereinafter referred to as Decree No. 63/2014/NĐ-CP) and Circular No. 01/2024/TT-BKHĐT;

b) In cases where the tender package has uploaded E-HSMST, E-HSMQT, E-HSMT on the System from February 27, 2024 to the date this Circular takes effect, continue organizing shortlist selection, bid selection, signing, and managing the implementation of contracts according to the provisions of the Bidding Law No. 22/2023/QH15, Decree No. 24/2024/NĐ-CP, and Circular No. 01/2024/TT-BKHĐT;

c) From the date this Circular takes effect, in cases where the tender package has not established E-HSMST, E-HSMQT, E-HSMT or has established and approved E-HSMST, E-HSMQT, E-HSMT but has not uploaded E-HSMST, E-HSMQT, E-HSMT on the System, it must establish, modify, and re-approve E-HSMST, E-HSMQT, E-HSMT according to the provisions of this Circular.

3. For tender packages that do not apply online bidding:

a) In cases where the tender package has uploaded prequalification documents, tender interest invitation documents, tender documents on the System from January 1, 2024 to February 26, 2024, continue organizing shortlist selection, bid selection, signing, and managing the implementation of contracts according to the provisions of the Bidding Law No. 22/2023/QH15, contents still in compliance with the Bidding Law No. 22/2023/QH15 of Decree No. 63/2014/NĐ-CP;

b) In cases where the tender package has uploaded prequalification documents, tender interest invitation documents, tender documents on the System from February 27, 2024 to the date this Circular takes effect, continue organizing shortlist selection, bid selection, signing, and managing the implementation of contracts according to the provisions of the Bidding Law No. 22/2023/QH15, Decree No. 24/2024/NĐ-CP;

c) From the date this Circular takes effect, in cases where the tender package has not established prequalification documents, tender interest invitation documents, tender documents or has approved prequalification documents, tender interest invitation documents, tender documents but has not uploaded them on the System, it must establish, modify, review, and re-approve prequalification documents, tender interest invitation documents, tender documents in accordance with the provisions of the Bidding Law and Decree No. 24/2024/NĐ-CP. The project investor shall revise the tender document templates issued together with this Circular to be consistent with the method of bid selection not through the network.

4. In cases where the bid selection method changes from non-online to online, the project investor does not need to submit to the competent authority for approval of the adjustment of the bid selection plan but shall proceed to modify the bid selection method on the System from non-online to online. The modification process shall be carried out according toGuidelines for Use.

Article 31. Effective Date

1. This Circular takes effect from April 26, 2024.

2. From the date this Circular takes effect, Circular No. 01/2024/TT-BKHĐT ceases to be effective except for the provisions stipulated in Clause 3 of this Article.

3. Model No. 7A and Model No. 7B issued together with Circular No. 01/2024/TT-BKHĐT shall remain effective until the Circular guiding the bidding of medicines at public health facilities issued by the Ministry of Health takes effect.

4. In cases where information during the bid selection process needs to be kept confidential and cannot be made public on the System, the person with the authority decides on the publication of such information during the bid selection process.

5. In cases of special tender packages where applying the provisions of the E-HSMST, E-HSMQT, E-HSMT templates issued together with this Circular will result in fewer than three bidders meeting the requirements for average annual revenue and similar contracts, the project investor and the tender inviter may adjust these requirements according to the following principles:

a) Adjustments to the requirements for average annual revenue and similar contracts different from those specified in the E-HSMST, E-HSMQT, E-HSMT templates must ensure that the division of the tender package is reasonable, the scale of the tender package is not too large to limit competition;

b) When submitting for approval E-HSMST, E-HSMQT, E-HSMT, the tender inviter must clearly state the amendments to E-HSMST, E-HSMQT, E-HSMT in the submission report for the investor to review;

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.

6. From the date this Circular takes effect, when preparing tender documents for non-electronic tender selection processes, the investor and the tender inviter shall apply the E-HSMT models issued together with this Circular on the basis of ensuring compliance with the provisions of the Bidding Law and Decree No. 24/2024/NĐ-CP.

7. Annually, the Ministry of Planning and Investment shall guide the provision and publication of bidding information on the System in accordance with the holiday schedule announced by the Ministry of Labor, Invalids and Social Affairs.

8. The amendment of forms in webform format on the System shall be carried out in accordance with the provisions of Point d Clause 1 Article 135 of Decree No. 24/2024/NĐ-CP.

9. During the implementation process, 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 shall submit their opinions to the Ministry of Planning and Investment for timely guidance./.