JOINT CIRCULAR No. 07/2015/TTLT-BKHĐT-BTC detailing the provision and publication of tendering and contractor selection information via the internet

JOINT CIRCULAR

Regulations on providing and publishing information about public procurement and selecting contractors through the network

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Pursuant to the Public Procurement Law No. 43/2013/QH13 dated November 26, 2013 of the National Assembly;

Pursuant to the Public Investment Law No. 49/2014/QH13 dated June 18, 2014 of the National Assembly;

||| Pursuant to Decree No. 63/2018/NĐ-CP dated May 4, 2018 of the Government on public-private partnership investment;

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. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Electronic Transactions Law regarding digital signatures and digital signature certification services;

Pursuant to Decree No. 170/2013/NĐ-CP dated November 13, 2013 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Electronic Transactions Law regarding digital signatures and digital signature certification services;

Pursuant to Decree No. 30/2015/NĐ-CP dated March 17, 2015 of the Government detailing the implementation of certain provisions of the Bidding Law regarding the selection of investors;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance.

The Minister of Planning and Investment and the Minister of Finance issue this Joint Circular detailing the regulations on providing and publishing information about public procurement and selecting contractors through the network.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular regulates the provision and publication of public procurement information on the National Public Procurement Network System, the Public Procurement Newspaper, including the public procurement information specified in Clause 1, Article 8 of the Public Procurement Law, except for information related to projects and packages that fall under the State secrets category as defined in Clause 4, Article 7 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Public Procurement Law on selecting contractors (hereinafter referred to as Decree No. 63/2014/NĐ-CP).

Article 2. This Circular regulates the selection of contractors through the network for non-advisory service packages, goods procurement, construction works applying open tendering, restricted tendering, and domestic competitive bidding in one-stage one-envelope tendering as stipulated in Article 28 of the Public Procurement Law.

Article 2. Applicability

1. Organizations and individuals related to the provision and publication of information about public procurement and selecting contractors through the network within the scope regulated by Article 1 of this Circular.

2. Organizations and individuals engaged in public procurement activities not falling within the scope regulated by Article 1 of this Circular may choose to apply the provision and publication of public procurement information on the National Public Procurement Network System, the Public Procurement Newspaper, or select the application of contractor selection through the network.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The National E-Government Procurement System is an information technology system built, managed, and operated by the Public Procurement Management Department, Ministry of Planning and Investment at the address http://muasamcong.mpi.gov.vn with the purpose of unifying the management of public procurement information and implementing public procurement through the network as stipulated in Clause 26, Article 4 of the Public Procurement Law.

2. Organization operating the National Public Procurement Network System as stipulated in Article 85 of the Public Procurement Law is the Public Procurement Management Department, Ministry of Planning and Investment. In cases where a unit subordinate to the Public Procurement Management Department, Ministry of Planning and Investment is established to perform the function of managing and operating the National Public Procurement Network System, such unit shall be the Organization operating the National Public Procurement Network System.

3. Organization providing digital signature certification services used in the National Public Procurement Network System is the Organization operating the National Public Procurement Network System or a public digital signature certification service provider compatible with the National Public Procurement Network System.

4. Electronic document is an electronic document drafted, sent, received, and stored on the National Public Procurement Network System, including: project investment selection plans, investor selection plans; project investment information under the Public-Private Partnership (PPP) model, project investment lists using land; notices of interest, prequalification notices, tender notices, invitation to bid notices; prequalification documents, tender documents, interest documents, request documents, quotation requests; prequalification submissions, tender submissions, interest submissions, proposal submissions, quotations; opening tender minutes, opening proposal minutes, quotation minutes; tender evaluation reports, proposal evaluation reports, quotation evaluation reports, review reports (for online contractor selection); shortlist; contractor selection results, investor selection results, and other electronic documents exchanged between the tenderer and the contractor during the provision and publication of public procurement information and contractor selection through the network.

5. Digital certificate used in the National Public Procurement Network System is a digital certificate issued by the organization providing digital signature certification services as stipulated in Clause 3 of this Article. A valid digital certificate is a certificate that has not expired, is not suspended, revoked, or withdrawn.

6. ||| is an electronic document published on the System to guide users in conducting transactions on the System. of a user on the National Public Procurement Network System is a record of data transaction information sent and received by that user on the National Public Procurement Network System.

7Usage Guide are electronic documents providing detailed guidance at “Guidelines for Use” on the homepage for users to conduct transactions on the National Public Procurement Network System.

Article 4. Validity of Electronic Documents on the National Public Procurement Network System

1. Electronic documents issued by the project owner, tenderer, contractor, and investor in accordance with Clause 4, Article 3 of this Circular shall be deemed original documents and have legal value for comparison, verification, and serving the evaluation, supervision, audit, inspection, examination, auditing, payment, and disbursement processes to ensure consistent management of public procurement information in accordance with Clause 26, Article 4 of the Public Procurement Law.

2. Organizations and individuals conducting evaluations, supervision, audits, inspections, examinations, and auditing during the selection process of contractors shall not require paper documents when they can access and view corresponding electronic documents on the National Public Procurement Network System, except in cases where it is necessary to verify the original document for those documents that the project owner, tenderer, contractor, and investor cannot issue in electronic form (such as letters of guarantee, similar contracts, audited financial reports, sales permits).

3. An electronic document sent to the National Public Procurement Network System shall only be considered valid if it has been successfully transmitted and received by the system with confirmation (immediately upon receipt). The time of sending and receiving electronic documents is determined based on the timestamp recorded on the National Public Procurement Network System and cannot be altered by the Organization operating the National Public Procurement Network System or any other organization or individual.

4. The National Public Procurement Network System must notify the sender of the status of the electronic document transmission (successful or unsuccessful) when they send the document to the National Public Procurement Network System.

5. Tenderers, contractors, investors, and the Organization operating the National Public Procurement Network System may retrieve their transaction history on the National Public Procurement Network System (including information about the date, sender, recipient, status of the electronic document transmission, and other relevant information). Information about transaction history is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the National Public Procurement Network System.

Article 5. Conditions for Information and Communication Technology Infrastructure

To participate in the National Public Procurement Network System, tenderers, contractors, and investors must meet the following requirements for information technology infrastructure:

1. Internet Connection:

a) Accessible to the National Public Procurement Network System;

b) Open ports: 8070, 8080, 8081, 8082, 4502, 4503, 9000.

2. Computer Requirements:

a) Operating System: Windows;

b) Internet Browser: Internet Explorer.

Article 6. Registration to Participate in the National Public Procurement Network System

1. For Inviting Bidders

a) Registration process:

Tenderers shall carry out registration to participate in the National Public Procurement Network System through the following steps:

- Step 1: Click the button “Registration” on the homepage of the National Public Procurement Network System to register the tenderer's qualification on the National Public Procurement Network System and submit the registration dossier directly or via postal service to the Organization operating the National Public Procurement Network System;

- Step 2: Check the approval status of the registration;

- Step 3: Receive digital certificate;

- Step 4: Register user information for the digital certificate.

b) Registration documents include:

- Tenderer registration form (generated by the National Public Procurement Network System during the information declaration process at Step 1 Point a of this Clause);

- Copy of the Decision on Establishment or Business Registration Certificate or Enterprise Registration Certificate of the registered tenderer;

- Copy of the Identity Card or Passport of the legal representative of the registered tenderer;

c) Processing of the registration dossier

Within two working days from the date of receipt of the registration dossier, the Organization operating the National Public Procurement Network System will check and compare the accuracy of the electronic registration on the system and the paper registration dossier submitted by the tenderer. If the dossier is valid, the tenderer will be registered to participate in the National Public Procurement Network System. If the dossier is invalid, the Organization operating the National Public Procurement Network System is responsible for notifying the reasons on the National Public Procurement Network System and guiding the tenderer to supplement and amend the dossier and registration form accordingly.

Detailed implementation steps follow Guidelines for Use on the homepage of the National Public Procurement Network System and support from the Organization operating the National Public Procurement Network System.

d) Changing and Supplementing Registered Information on the National Public Procurement Network System through the following steps:

- Step 1: Log in to the National Public Procurement Network System;

- Step 2: Make changes and supplements to the registered information;

- Step 3: Send a document requesting changes and supplements to the registered information and related documents to the Organization operating the National Public Procurement Network System.

Within two working days from the date of receipt of the document requesting changes and supplements to the registered information and related documents, the Organization operating the National Public Procurement Network System will check the accuracy of the changes and supplements on the network and the written information provided by the tenderer. If the information is accurate, the changes and supplements will be approved. If the information on the network and in the document does not match, the Organization operating the National Public Procurement Network System is responsible for notifying on the National Public Procurement Network System and guiding the tenderer to make appropriate amendments.

2. For Contractors and Investors

a) Registration process:

Contractors and investors shall carry out registration to participate in the National Public Procurement Network System through the following steps:

- Step 1: Click the button “Register” on the homepage of the National Public Procurement Network System to register the contractor's qualification on the National Public Procurement Network System and submit the registration dossier directly or via postal service to the Organization operating the National Public Procurement Network System;

- Step 2: Pay the participation fee for the National Public Procurement Network System as stipulated in Point a, Clause 1, Article 31 of this Circular;

- Step 3: Check the approval status of the registration;

- Step 4: Receive digital certificate;

- Step 5: Register user information for the digital certificate.

b) Registration documents include:

- Contractor registration form (generated by the National Public Procurement Network System during the information declaration process at Step 1 Point a of this Clause);

- A copy of the Decision on Establishment or Business Registration Certificate or Enterprise Registration Certificate of the contractor or investor applying for registration;

- A copy of the Identity Card or Passport of the legal representative of the contractor or investor applying for registration.

c) Processing of the registration dossier

Within two working days from the date of receipt of the application dossier, the Organization operating the National Public Procurement System will check and verify the accuracy of the contractor's and investor's registration form on the System and the registration dossier submitted in writing by the contractor and investor. If the dossier is valid, the contractor and investor will be registered to participate in the National Public Procurement System. If the dossier is not valid, the Organization operating the National Public Procurement System shall notify the reasons on the National Public Procurement System and guide the contractor and investor to supplement and amend the dossier and registration form accordingly.

d) Changing and supplementing registered information:

- Step 1: Log in to the National Public Procurement Network System;

- Step 2: Make changes and supplements to the registered information;

- Step 3: Send a document requesting changes and supplements to the registered information and related documents to the Organization operating the National Public Procurement Network System.

Within two working days from the date of receipt of the request for changing and supplementing registered information and related documents, the Organization operating the National Public Procurement System will check the accuracy of the changes and supplements on the network and the written information provided by the contractor and investor, and approve the changes and supplements if the information is accurate. If the information changed and supplemented on the network and in the document does not match, the Organization operating the National Public Procurement System shall notify on the National Public Procurement System and guide the contractor and investor to amend accordingly.

The detailed steps for implementation shall follow the User Guide published on the main page of the National Public Procurement System and supported by the Organization operating the National Public Procurement System.

3. Printing the confirmation of registration to participate in the National Public Procurement System

After completing the registration process, the tenderer, contractor, and investor may print the confirmation of registration to participate in the National Public Procurement System directly through the National Public Procurement System.

The detailed steps for printing the confirmation of registration to participate in the National Public Procurement System shall follow the User Guide published on the main page of the National Public Procurement System.

Article 7. Digital certificate when participating in the National Public Procurement System

1. The tenderer, contractor, and investor will be issued one digital certificate by the Organization operating the National Public Procurement System upon completion of the registration process (once) to participate in the National Public Procurement System as stipulated in Article 6 of this Circular.

2. Based on actual conditions, the Ministry of Planning and Investment will provide detailed guidance on the use of digital certificates issued by public digital signature service organizations within the National Public Procurement System.

Article 8. Management of digital certificates for the National Public Procurement System

1. The contents of the digital certificate include:

a) Name of the digital signature service provider organization;

b) Name of the organization or individual using the digital certificate;

c) Information on the validity period of the digital certificate;

d) Other information for management, use, security, and confidentiality purposes as prescribed by the digital signature service provider organization.

2. The validity period of the digital certificate is one year from the date of issuance. Organizations and individuals using the digital certificate must renew the validity period of the digital certificate according to Clause 3 of this Article.

3. Renewal of the validity period of the digital certificate

a) Renewal of the validity period applies only to digital certificates that have not been revoked, are still valid, and were issued in accordance with Clause 1 and Clause 2 of Article 6 of this Circular;

b) Renewal of the validity period of the digital certificate can only be carried out within thirty days before the expiration date of the digital certificate;

c) The validity period after each renewal of the digital certificate is one year, starting from the date of renewal.

4. Revocation of the digital certificate.

a) Revocation of the digital certificate shall be carried out in the following cases:

- Discovery or suspicion of loss, damage, theft, or unauthorized copying of the digital certificate;

- The person responsible for managing the digital certificate to participate in the National Public Procurement System no longer works at the organization or individual issuing the digital certificate or has transferred to another position;

- The organization or individual no longer requires the use of the digital certificate.

b) Only a valid digital certificate can be revoked.

c) Organizations and individuals must revoke their own digital certificates in the cases specified in Point a of this Clause.

5. Change of device storing the digital certificate

a) Organizations and individuals are responsible for storing their own digital certificates. Any theft, damage, or unauthorized copying of the digital certificate due to the fault of the organization or individual will not fall under the responsibility of the Organization operating the National Public Procurement System;

b) Organizations and individuals may copy the digital certificate and store it on hard drives, USBs, smart cards, or other storage media.

6. Change of digital certificate password

Organizations and individuals shall change the digital certificate password according to the steps published on the main page of the National Public Procurement System. Guidelines for Use is posted on the homepage of the National Public Procurement System.

7. Additional registration of digital certificates

a) Based on usage needs, organizations and individuals may apply for additional registration of digital certificates to participate in the National Public Procurement System;

b) Only organizations and individuals who have already participated in the National Public Procurement System are eligible to register additional digital certificates.

Detailed steps for implementing Clauses 3, 4, 5, 6, and 7 of this Article shall follow Guidelines for Use on the homepage of the National Public Procurement Network System and support from the Organization operating the National Public Procurement Network System.

Chapter II

PROVISION AND UPLOAD OF PROCUREMENT INFORMATION

Section 1

CONTENTS OF PROCUREMENT INFORMATION

Article 9. Types of information, deadlines for providing and publishing bidding information on the National Bidding Network System, Bid Invitation Newspaper

1. Types of information; deadlines for providing and publishing information; organizations and individuals responsible for providing and publishing bidding information

2. For international bidding packages and projects, notices of interest, prequalification notices, tender notices, invitation to bid, shortlists, selection results of contractors and investors, and announcements of cancellation, extension, adjustment, and correction of published information (if any) must be published on the National Bidding Network System and the Bid Invitation in both Vietnamese and English.

In addition to the responsibility of providing information as stipulated in this Clause, the tenderer shall be responsible for publishing the international prequalification notice (for investor selection) on a widely distributed English-language website or newspaper in Vietnam.

3. If the tenderer publishes information directly on the National Bidding Network System, there is no need to provide information to the Bid Invitation. If information is provided to the Bid Invitation, the tenderer does not need to publish it on the National Bidding Network System.

4. For tenderers who have registered to participate in the National Bidding Network System, they must publish information on the National Bidding Network System according to Clause 1, Article 11 of this Circular. The Bid Invitation has no responsibility to publish information provided in writing by tenderers who have registered to participate in the National Bidding Network System.

Article 10. Invalid Information

1. Invalid information in the provision and publication of bidding information on the National Bidding Network System is information self-published on the National Bidding Network System by the tenderer that does not comply with bidding laws.

2. Information shall be considered invalid in the provision and publication of bidding information on the Bid Invitation when it violates one or more of the following requirements:

a) The registration form for information does not comply with the registration forms prescribed in Appendix II attached to this Circular.

b) The content in the registration form for information does not comply with bidding laws.

c) Information provided by organizations or individuals without the authority to provide bidding information as stipulated in Clause 1, Article 7 of Decree No. 63/2014/ND-CP and Clause 1, Article 4 of Decree No. 30/2015/ND-CP detailing certain provisions of the Law on Bidding regarding the selection of investors.

Section 2

PROCEDURE FOR PROVIDING AND PUBLISHING INFORMATION ON BIDDING

Article 11. Procedure for Self-Publishing Information on the National Procurement Network System

1. For procurement plans and investment selection plans:

a) Step 1: The tenderer clicks the button on the homepage and enters the password of the digital certificate of the tenderer to log into the National Procurement Network System; Login on the homepage and enter the password of the digital certificate of the tender inviter to log in to the National Public Procurement System;

b) Step 2: Select the item "Procurement Plan" or the item "Investment Selection Plan" under "Investor Selection" to enter and save project and tender package information; Plan for selecting contractors c) Step 3: Publish the procurement plan and investment selection plan. 2. For notices of interest and prequalification notices: a) Step 1: Follow Step 1 of Clause 1 of this Article;b) Step 2: Select the item "Consultancy" to enter and save notice of interest information, or select the items "Goods", "Construction", "Non-consultancy", "Mixed" corresponding to the field of the tender package, or select the item "Investor Selection" to enter and save prequalification notice information; to input and save project and tender package information;

c) Step 3: Publish the notice of interest and prequalification notice.

To increase competition in the tender package, the tenderer may attach the tender interest file, prequalification file, and publish them simultaneously with the notice of interest and prequalification notice so that after three working days from the date the tenderer successfully publishes a valid notice of interest or prequalification notice on the National Procurement Network System, the bidder can download the tender interest file and prequalification file free of charge from the National Procurement Network System.

3. For invitation to bid notices and tender notices:

"Construction""Consultancy""Non-consultancy" "Mixed" corresponding to the field of the tender package or"Investor Selection"to enter and save information about the invitation to bid notice and tender notice;

c) Step 3: Post the notice of interest invitation, prequalification notice.

c) Step 3: Publish the invitation to bid notice and tender notice.

For tender packages applying online tendering, the tenderer must attach the request for proposal file, price quotation request file, tender invitation file, and publish them simultaneously with the invitation to bid notice and tender notice so that the bidder can download the request for proposal file, price quotation request file, and tender invitation file free of charge from the National Procurement Network System starting from the day the tenderer successfully publishes a valid invitation to bid notice and tender notice on the National Procurement Network System.

3. For invitation to bid notices and tender notices:

b) Step 2: Select the item "Procurement Plan" or the item "Investment Selection Plan" under "Investor Selection" to enter and save project and tender package information; "Goods" send a text message For tender packages not applying online tendering, to increase competition in the tender package, the tenderer may attach the request for proposal file, price quotation request file, tender invitation file, and publish them simultaneously with the invitation to bid notice and tender notice so that after three working days from the date the tenderer successfully publishes a valid invitation to bid notice and tender notice on the National Procurement Network System, the bidder can download the request for proposal file, price quotation request file, and tender invitation file free of charge from the National Procurement Network System. In this case, the bidder participating in the tender must pay the tenderer an amount equal to the sale price of the request for proposal and tender invitation before the tender submission is accepted. send a text message 4. For cancellation, extension, adjustment, and correction notices of published information: send a text message a) Cancellation notice: send a text message - Step 1: Follow Step 1 of Clause 1 of this Article; - Step 2: Select the tender package to be canceled, change the status of the notice to "canceled" and save the information; - Step 3: Publish the cancellation notice. b) Notice of information change:

- Step 2: Select the tender package requiring a notice of change to enter the changed content and save the information;

- Step 3: Publish the notice of change.

c) Extension notice and correction notice:

- Step 2: Select the tender package requiring extension or correction to implement the extension/correction and save the information;

- Step 3: Publish the extension notice or correction notice.

5. For shortlisted lists:

corresponding to the field of the tender package or the item  to enter the names of bidders and investors approved in the shortlisted list; c) Step 3: Publish the shortlisted list.

6. For the results of selecting contractors and investors:

to enter the results of selecting contractors and investors;

5. For shortlisted lists:

c) Step 3: Publish the results of selecting contractors and investors.

7. For tender opening results when conducting online tendering.

Conduct tender opening online according to the provisions of Articles 21 and 27 of this Circular.

5. For shortlisted lists:

8. For information on handling violations of procurement laws, procurement regulatory documents, information on foreign bidders and investors winning tenders in Vietnam, the Ministry of Planning and Investment shall be responsible for publishing such information provided by relevant organizations and individuals according to the information provision forms attached as Appendix I to this Circular on the National Procurement Network System.

9. For information on individuals granted certificates for procurement practice, procurement lecturers, and procurement training institutions, the Ministry of Planning and Investment shall be responsible for publishing such information according to Points 14, 15, and 16 of Clause 1 of Article 9 of this Circular.

10. For tender packages belonging to projects using official development assistance (ODA) funds:

3. For invitation to bid notices and tender notices:

b) Step 2: Select the item "Procurement Plan" or the item "Investment Selection Plan" under "Investor Selection" to enter and save project and tender package information; "Goods" send a text message For tender packages not applying online tendering, to increase competition in the tender package, the tenderer may attach the request for proposal file, price quotation request file, tender invitation file, and publish them simultaneously with the invitation to bid notice and tender notice so that after three working days from the date the tenderer successfully publishes a valid invitation to bid notice and tender notice on the National Procurement Network System, the bidder can download the request for proposal file, price quotation request file, and tender invitation file free of charge from the National Procurement Network System. In this case, the bidder participating in the tender must pay the tenderer an amount equal to the sale price of the request for proposal and tender invitation before the tender submission is accepted. send a text message 4. For cancellation, extension, adjustment, and correction notices of published information: send a text message a) Cancellation notice: send a text message - Step 1: Follow Step 1 of Clause 1 of this Article; "Funding Notice" - Step 3: Publish the cancellation notice. to enter the information to be published;

c) Step 3: Publish the entered information.

Details of the steps for implementing Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 are specified in

3. For invitation to bid notices and tender notices:

b) Step 2: Select the item "Procurement Plan" or the item "Investment Selection Plan" under "Investor Selection" to enter and save project and tender package information; "Goods" send a text message For tender packages not applying online tendering, to increase competition in the tender package, the tenderer may attach the request for proposal file, price quotation request file, tender invitation file, and publish them simultaneously with the invitation to bid notice and tender notice so that after three working days from the date the tenderer successfully publishes a valid invitation to bid notice and tender notice on the National Procurement Network System, the bidder can download the request for proposal file, price quotation request file, and tender invitation file free of charge from the National Procurement Network System. In this case, the bidder participating in the tender must pay the tenderer an amount equal to the sale price of the request for proposal and tender invitation before the tender submission is accepted. send a text message 4. For cancellation, extension, adjustment, and correction notices of published information: send a text message a) Cancellation notice: send a text message - Step 1: Follow Step 1 of Clause 1 of this Article; "Funding Notice" - Step 3: Publish the cancellation notice. to input the results of contractor selection, investor selection;

c) Step 3: Post the results of contractor selection, investor selection.

7. Regarding the opening of tenders when conducting electronic procurement.

Conduct the opening of tenders online in accordance with Articles 21 and 27 of this Circular.

8. Regarding information on handling violations of public procurement laws, public procurement regulatory documents, information on foreign contractors and investors winning bids in Vietnam, the Ministry of Planning and Investment shall be responsible for posting such information provided by relevant organizations and individuals on the National Public Procurement System according to the information provision forms attached as Appendix I of this Circular.

9. Regarding information on individuals granted certificates for practicing public procurement activities, lecturers on public procurement, training institutions on public procurement, the Ministry of Planning and Investment shall be responsible for posting such information in accordance with Points 14, 15, and 16 of Clause 1, Article 9 of this Circular.

10. Regarding tender packages under projects using official development assistance (ODA) funds:

3. For invitation to bid notices and tender notices:

"Construction"Notice of funding” to input the information to be posted;

c) Step 3: Post the entered information.

Details of the implementation steps of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 according to Guidelines for Use on the homepage of the National Public Procurement Network System and support from the Organization operating the National Public Procurement Network System.

Article 12. Procedure for Providing and Publishing Information on the Bid Invitation Newspaper

In cases where the tender inviter does not meet the conditions to independently publish bidding information on the National Public Procurement Network as stipulated in Article 11 of this Circular, or when the National Public Procurement Network temporarily ceases service provision, the procedure for providing and publishing information on the Bid Invitation Newspaper shall be carried out as follows:

- Step 1: The tender inviter fully fills out the information registration form corresponding to Appendix II issued together with this Circular. For packages within projects using official development assistance funds, the information registration form according to the model prescribed by the donor shall be used; if the donor does not specify, the tender inviter shall use the information registration form at Appendix II issued together with this Circular.

- Step 2: The tender inviter sends the valid information registration form to the Bid Invitation Newspaper through one of the following methods: submitting directly to the Bid Invitation Newspaper; sending via postal mail or sending online through the Internet.

- Step 3: The tender inviter pays the cost of publishing information in accordance with Articles 30 and 32 of this Circular.

Chapter III

ONLINE TENDERING SELECTION

Section 1

GENERAL PROVISIONS

Article 13. Tender Guarantee in Online Tendering Selection

1. Tenderers participating in online bidding must implement tender guarantee measures in accordance with Article 11 of the Law on Public Procurement, Article 88 of Decree No. 63/2014/NĐ-CP, and the approved tender invitation documents and request for proposal, including the forms: deposit by Check (for deposit cases), letter of credit from a financial institution or foreign bank branch established under Vietnamese law, or online tender guarantee through a bank connected to the National Public Procurement Network. The value of the tender guarantee ranges from 1% to 1.5% of the package value.

2. In cases where the tender guarantee is provided by a bank's letter of credit, for banks already connected to the National Public Procurement Network, the tenderer shall perform the online tender guarantee. For banks without connection to the National Public Procurement Network, the tenderer scans (scans) the bank's letter of credit and attaches it when submitting the bid proposal online.

3. Based on actual circumstances, the organization operating the National Public Procurement Network will announce the list of banks connected to the National Public Procurement Network.

Article 14. Provisions on the Format and Size of Attached Files on the National Public Procurement Network

1. An attached file on the National Public Procurement Network is considered valid when meeting the following conditions:

a) File format: MS Word, MS Excel, PDF, CAD, image formats, compressed files; font in Unicode encoding. In cases requiring the use of other specialized file formats, the sender is responsible for assisting the recipient to open and read the file;

b) The file format and size uploaded by the tender inviter or tenderer to the National Public Procurement Network must comply with the provisions of the organization operating the National Public Procurement Network as stipulated in Clause 2 of this Article.

2. The organization operating the National Public Procurement Network publicly announces on the National Public Procurement Network the regulations on file format and size based on the actual technical conditions of the National Public Procurement Network.

3. When attaching a file on the National Public Procurement Network, the tender inviter, tenderer, and investor must ensure that the file is not infected with viruses, is not damaged, and does not have a secret code (password).

Article 15. Errors related to attached files on the National Procurement Network System

If the attached files in the bidding dossier, proposal dossier, quotation submitted by the contractor cannot be opened or read, the tenderer shall notify the contractor and the Organization operating the National Procurement Network System to handle it according to one of the following methods:

1. In case the attached files lack fonts or suitable software to open and read them, the tenderer must inform the contractor (by telephone, fax, email, or paper document) and request that within a maximum period of 01 working day from the date the contractor receives the notification, the contractor must provide the necessary fonts or software to open and read the file. After this deadline, if the contractor does not provide them, the tenderer shall prepare a record confirming the error status of the contractor's electronic document. At that time, if the faulty file is a basic component of the bidding dossier, proposal dossier, or quotation, the contractor will be disqualified; if the faulty file is not a basic component of the bidding dossier, proposal dossier, or quotation, the tenderer requests the contractor to supplement a corresponding file that can be opened and read within 01 working day from the date the contractor receives the supplementary request.

2. If the contractor has already sent the necessary fonts or software to open and read the file but the tenderer still cannot open or read the file, the Organization operating the National Procurement Network System must take responsibility for checking and notifying the relevant parties within 03 working days from the date of receiving the notification from the tenderer.

3. In case the attached file cannot be opened or read and does not fall under the reasons mentioned in Clause 1 and Clause 2 of this Article, but is a basic component of the bidding dossier, proposal dossier, or quotation, the contractor will be disqualified; if it is not a basic component of the bidding dossier, proposal dossier, or quotation, the tenderer requests the contractor to supplement a corresponding file that can be opened and read within 01 working day from the date the contractor receives the supplementary request.

Article 16. Technical handling in cases where the National Procurement Network System encounters uncontrollable issues

In case the National Procurement Network System encounters uncontrollable issues leading to temporary suspension of service provision, the Organization operating the National Procurement Network System shall extend the closing and opening times of bids as follows:

1. The tenders subject to extension of the closing and opening times are those using online tender selection with closing and opening times falling within the period when the National Procurement Network System encounters uncontrollable issues.

2. Extension of the closing and opening times:

a) In case the National Procurement Network System suspends service provision at the closing and opening times, the new closing and opening times will be postponed to three hours after the National Procurement Network System resumes service provision according to the notification of the Organization operating the National Procurement Network System.

b) If the new closing and opening times exceed the working hours of the day, the closing and opening times will be extended to 09:00 AM of the next working day.

c) If the new closing and opening times are within three hours after the notification of the resumption of service provision by the National Procurement Network System, the new closing and opening times will be extended by an additional three hours.

3. In case the closing time needs to be extended due to the National Procurement Network System temporarily suspending service provision, contractors do not need to extend the validity period of the bidding dossier, proposal dossier, or quotation and bid guarantee if these validity periods have met the requirements stipulated in the tender invitation, request for proposal, or quotation request issued.

Section 2

WIDELY DISTRIBUTED PROCUREMENT PROCEDURE, LIMITED ONLINE

IN ONE-STAGE ONE-ENVELOPE FORMAT

Article 17. Preparation for Selection of Contractors

Implement according to Article 12 and Article 13 of Decree No. 63/2014/NĐ-CP.

Article 18. Invitation to Bid and Issuance of Bidding Documents

1. The inviting party shall implement Clause 3 of Article 11 of this Circular.

a) For procurement packages involving goods, the inviting party must enter the list of goods to be purchased.

b) The minimum preparation time for bidding documents is 10 days from the first day of issuing the invitation to bid on the National Public Procurement System.

2. Bidding documents are attached files published simultaneously with the invitation to bid. In case there is a discrepancy between the attached file content and the content in the invitation to bid, the attached file content shall prevail.

For restricted bidding, the inviting party enters the shortlist according to Clause 3 of this Article.

3. Entering the shortlist for restricted bidding

a) Based on the approved shortlist, the inviting party searches for the contractor's name in the contractor database on the National Public Procurement System to include them in the list of contractors participating in restricted bidding. If the contractor does not have a name in the database, the inviting party must request the contractor to register on the National Public Procurement System according to Article 6 of this Circular;

b) After entering and saving all contractor names in the shortlist, the inviting party publishes the shortlist on the National Public Procurement System.

4. Bidding documents are issued free of charge on the National Public Procurement System from the moment the inviting party completes the publication of the invitation to bid on the National Public Procurement System.

a) For open bidding, any individual or organization interested can download the bidding documents from the National Public Procurement System;

b) For restricted bidding, only contractors listed in the shortlist can download the bidding documents from the National Public Procurement System.

5. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Article 19. Amendment and Clarification of Bidding Documents

1. In case of need to amend the bidding documents, the inviting party shall implement Point b of Clause 4 of Article 11 of this Circular to change the invitation to bid. The new bidding document file must be attached to the amended invitation to bid. In this case, contractors who have submitted bids based on the old invitation to bid must resubmit their bids according to the new invitation to bid as stipulated in Clause 3 of Article 20 of this Circular.

2. Clarification of bidding documents is implemented according to Point c of Clause 2 of Article 14 of Decree No. 63/2014/NĐ-CP. The clarification document is an attached file published with the previously published invitation to bid on the National Public Procurement System.

3. Contractors intending to participate in the bidding should regularly update information about amendments and clarifications of bidding documents to ensure appropriate preparation of bidding documents that meet the requirements of the bidding documents.

4. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Article 20. Submission of Bidding Documents

1. A contractor may submit bidding documents only once for one invitation to bid when participating in online bidding. In case of a consortium, the lead member of the consortium (representing the consortium) submits the bidding documents. For restricted bidding, only contractors listed in the shortlist may submit bidding documents.

2. Procedure for submission of bidding documents

a) The contractor selects the invitation to bid for the package they wish to participate in and enters the contractor's digital certificate password to log in to the National Public Procurement System;

b) The contractor enters information and attaches the bidding document file on the National Public Procurement System, including:

- The bid form according to the model on the National Public Procurement System;

- Consortium agreement (attached file if applicable);

- Bid guarantee as stipulated in Article 13 of this Circular;

- Other files of the bidding document.

Discount letters are not applicable in online contractor selection. Attached files must comply with the provisions of Article 14 of this Circular;

c) For content related to the contractor's eligibility, capacity, and experience, catalogues of goods and services, the contractor declares according to the corresponding models prescribed in the detailed regulations on preparing bidding documents for construction works, purchasing goods, and online bidding issued by the Ministry of Planning and Investment without attaching scanned copies of relevant documents and materials;

d) The National Public Procurement System must provide feedback to the contractor whether the submission was successful or not, and record the following information about the submission of the bidding document: sender information, recipient information, submission time, submission status, number of attached files on the National Public Procurement System as a basis for resolving disputes (if any).

3. Resubmission of Bidding Documents

In case a contractor has already submitted bidding documents before the inviting party amends the bidding documents according to Clause 1 of Article 19 of this Circular, that contractor needs to resubmit the bidding documents according to the procedure specified in Clause 2 of this Article.

4. Withdrawal of Bidding Documents

In case of withdrawing bidding documents, the contractor sends a written notice to the inviting party before the closing time for bids as follows: email, fax, direct delivery, or postal mail as stipulated in the bidding documents.

5. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Article 21. Tender Opening

1. Tender documents submitted before the tender closing time shall be opened and publicly disclosed on the National Procurement Network System as follows:

a) The tender inviter logs into the National Procurement Network System;

b) Selects the tender package to be opened according to the tender invitation announcement number;

c) Uses the tender package's secret key to decrypt the tender proposal and tender documents' files except for the tender documents' files of bidders who have withdrawn their tender documents before the tender closing time.

2. Tender opening minutes

After completing the tender opening, the National Procurement Network System will post the tender opening minutes, including the following main contents:

a) Information about the tender package:

- Tender invitation announcement number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting the bidder;

- Type of contract;

- Time of completion of the tender opening;

- Total number of bidders participating.

b) Information about the participating bidders:

- Business registration code or business registration number of the bidder;

- Bidder name;

- Tender price;

- Expiry date of the tender documents;

- Tender guarantee value;

- Expiry date of the tender guarantee;

- Contract execution period.

3. Details of implementation steps pursuant to Guidelines for Use available on the main page of the National Public Procurement System.

Article 22. Evaluation of tender documents, negotiation, verification, approval of the selection result, completion and signing of the contract

1. Tender invitation announcement; tender documents attached with amended and clarified tender documents; shortlist (for restricted tendering); tender documents attached with tender proposals, online tender opening minutes serve as the legal basis for evaluating tender documents.

a) In case there is a discrepancy between information in the tender opening minutes and information in the attached file of the tender documents, the information in the tender opening minutes shall be relied upon, except as provided in Point b Clause of this Article;

b) In case there is a discrepancy between information about the tender guarantee in the tender opening minutes and information in the scanned file of the letter of guarantee, the information in the scanned file of the letter of guarantee shall be relied upon.

2. The evaluation of tender documents, contract negotiation, verification, and approval of the selection result shall be carried out in accordance with the provisions of the Public Procurement Law and Decree No. 63/2014/NĐ-CP. If necessary, the tender inviter may request the bidder to clarify and supplement documents to prove the bidder's legitimate status, capacity, and experience.

3. After the selection result of the bidder is approved according to Clause 6 Article 20 of Decree No. 63/2014/NĐ-CP, the tender inviter must post information about the selection result of the bidder on the National Procurement Network System, including the following main contents:

a) Information about the tender package:

- Tender invitation announcement number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting the bidder;

- Completion time of posting the selection result of the bidder;

b) Information about the winning bidder:

- Business registration code or business registration number of the bidder;

- Bidder name;

- Tender price;

- Technical score (if applicable);

- Evaluation price (if applicable);

- The bid-winning price;

- Reason for selecting the bidder;

c) For each type of goods or equipment in the procurement package, the tender inviter must post the following information:

- Name of goods;

- Capacity;

- Features, technical specifications;

- Origin;

- Price (or unit price of winning bid).

4. The completion and signing of the contract shall be carried out based on compliance with the provisions of the Public Procurement Law and Decree No. 63/2014/NĐ-CP.

5. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Section 3

ONLINE COMPETITIVE BIDDING PROCEDURE

Article 23. Preparation for Selection of Bidder

Implemented according to Clause 1 Article 58, Point a Clause 1 Article 59 of Decree No. 63/2014/NĐ-CP.

Article 24. Invitation to Bid and Issuance of Request for Proposal, Request for Quotation Form

1. The inviting party shall implement Clause 3 of Article 11 of this Circular.

a) For procurement packages involving goods, the inviting party must enter the list of goods to be purchased.

b) The minimum preparation time for the proposal submission document is five working days from the first day of issuing the request for proposal on the National Procurement Network System. The minimum quotation preparation time is three working days from the first day of posting the invitation to bid on the National Procurement Network System.

2. The request for proposal, quotation form are attached files posted simultaneously with the invitation to bid. In case there is a discrepancy between the content of the attached file and the content in the invitation to bid, the attached file shall be relied upon.

3. The request for proposal, quotation form are issued free of charge on the National Procurement Network System. Any organization or individual interested can download the request for proposal, quotation form from the National Procurement Network System immediately after the tender inviter completes the posting of the invitation to bid.

4. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Article 25. Amending and Clarifying the Request File

The amendment and clarification of the request file shall be carried out in accordance with Article 19 of this Circular.

Article 26. Submission of Proposal and Quotation Files

1. A bidder shall submit the proposal and quotation files only once for each tender announcement when participating in the selection of contractors through the online bidding system. In the case of a consortium, the lead member of the consortium (representative of the consortium) shall submit the proposal and quotation files.

2. Procedure for Submitting Proposal and Quotation Files

a) The bidder selects the tender announcement of the package they wish to participate in and enters the contractor's digital certificate password to log into the National Online Bidding System.

b) The bidder inputs information and attaches the proposal and quotation file on the National Online Bidding System, including:

- The bid form according to the model on the National Public Procurement System;

- Consortium agreement (attached file if applicable);

- Bid security (for regular competitive bidding) in accordance with Article 13 of this Circular;

- Other files of the proposal and quotation.

Discount letters are not applicable in the selection of contractors through the online bidding system. The attached files must comply with the provisions of Article 14 of this Circular.

c) For content related to the contractor's eligibility, capacity, and experience, catalogues of goods and services, the contractor declares according to the corresponding models prescribed in the detailed regulations on preparing bidding documents for construction works, purchasing goods, and online bidding issued by the Ministry of Planning and Investment without attaching scanned copies of relevant documents and materials;

d) The National Online Bidding System must provide feedback to the bidder whether the submission of the proposal and quotation files was successful or not, and simultaneously record the following information about the submission of the proposal and quotation files by the bidder: information about the sender, recipient, time of sending, status of sending, number of attached files on the National Online Bidding System as a basis for dispute resolution (if any).

3. Resubmission of Proposal and Quotation Files

If the bidder has submitted the proposal and quotation files before the tenderer implements the amendment of the request file or the request for quotation as stipulated in Clause 1, Article 33 of this Circular, then that bidder needs to resubmit the proposal and quotation files according to the procedure specified in Clause 2 of this Article.

4. Withdrawal of Proposal and Quotation Files

In the event of withdrawing the proposal and quotation files, the bidder sends a written notice to the tenderer before the closing time of the tender as follows: email, fax, direct delivery of written notice, or postal service as specified in the request file or request for quotation.

5. Details of the implementation steps are Guidelines for Use available on the main page of the National Public Procurement System.

Article 27. Opening of Proposal and Quotation Files

1. Proposal and quotation files submitted before the closing time will be opened and publicly disclosed on the National Online Bidding System as follows:

a) The tender inviter logs into the National Procurement Network System;

b) Select the tender package to be opened based on the tender announcement number;

c) Use the secret key of the tender package to decrypt the bid proposal and other proposal and quotation files, except for those of bidders who have sent withdrawal notices of their proposal and quotation files to the tenderer before the closing time.

2. Minutes of Opening Proposal and Quotation Files

After completing the opening of the proposal and quotation files, the National Online Bidding System publishes the minutes of the opening of the proposal and quotation files, including the following main contents:

a) Information about the tender package:

- Tender announcement number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting contractors (regular competitive bidding or simplified competitive bidding);

- Type of contract;

- Time of completion of the opening of the proposal and quotation files;

- Total number of bidders participating.

b) Information about the participating bidders:

- Business registration code or business license code of the bidder;

- Bidder name;

- Offer price;

- Expiry date of the proposal and quotation files;

- Bid security value (for regular competitive bidding);

- Expiry date of bid security (for regular competitive bidding);

- Contract execution period.

3. Details of implementation steps pursuant to Guidelines for Use available on the main page of the National Public Procurement System.

Article 28. Evaluation of tender proposal files, quotations, negotiation, verification, approval of bidding results, completion and signing of contracts

1. The tender invitation notice; request for proposal documents along with any amendments and clarifications to the request for proposal documents, quotation request forms; tender proposal and quotation documents together with bid submission forms, minutes of opening tender proposals and quotations online are the legal basis for evaluating tender proposals and quotations.

a) In case there is a discrepancy between the information in the minutes of opening tender proposals and quotations and the information in the attached files of the tender proposals and quotations, the information in the minutes of opening tender proposals and quotations shall be relied upon, except as provided in Point b of this Clause.

b) In case there is a discrepancy between the information on bid security in the minutes of opening tender proposals and the information in the scanned attachment file (scanned letter of guarantee), the information in the scanned attachment file (scanned letter of guarantee) shall be relied upon.

2. The evaluation of tender proposals and quotations, contract negotiation, verification, and approval of bidding results shall be carried out according to Articles 58 and 59 of Decree No. 63/2014/NĐ-CP. If necessary, the tender inviter may require the contractor to clarify and supplement documents to prove the contractor's legitimate status, capacity, and experience.

3. After the selection result of the contractor has been approved, the tender inviter must publish information about the selection result of the contractor on the National Public Procurement Network System, including the following main contents:

a) Information about the tender package:

- Tender announcement number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting contractors (regular competitive bidding or simplified competitive bidding);

- The time point for completing the publication of the tender selection results.

b) Information about the winning bidder:

- Business registration code or business license code of the bidder;

- Bidder name;

- Offer price;

- The bid-winning price;

- Technical score (if applicable);

- Evaluation price (if applicable);

- Reasons for selecting the contractor (the selected contractor and the list of contractors not selected).

c) For each type of goods or equipment in the procurement package, the tender inviter must post the following information:

- Name of goods;

- Capacity;

- Features, technical specifications;

- Origin;

- Price (or unit price of winning bid).

4. The completion and signing of the contract shall be carried out according to Clause 5 of Article 58 of Decree No. 63/2014/NĐ-CP.

5. The time frame for electronic competitive bidding shall be implemented according to the provisions of Clause 6 of Article 58 and Clause 6 of Article 59 of Decree No. 63/2014/NĐ-CP.

6. Details of the implementation steps are as follows Guidelines for Use available on the main page of the National Public Procurement System.

Chapter IV

SOURCES OF REVENUE, MANAGEMENT AND USE OF COSTS FOR PUBLISHING INFORMATION ON PROCUREMENT

AND COSTS IN ELECTRONIC SELECTION OF CONTRACTORS

Section 1

PRINCIPLES OF COLLECTION, MANAGEMENT AND USE OF COSTS FOR PUBLISHING INFORMATION ON PROCUREMENT

AND COSTS IN ELECTRONIC SELECTION OF CONTRACTORS

Article 29. Principles of revenue and expenditure

1. The organization operating the National Public Procurement Network System and the Procurement Newspaper shall be responsible for collecting, managing, and using costs for publishing procurement information and costs in electronic selection of contractors in accordance with this Circular to ensure the operation of the National Public Procurement Network System and the Procurement Newspaper in compliance with regulations.

2. The source of revenue from costs for publishing procurement information and costs in electronic selection of contractors specified in Section 2, Chapter IV of this Circular shall ensure sufficient coverage of costs for performing the tasks: (i) providing and publishing procurement information on the National Public Procurement Network System and the Procurement Newspaper, and (ii) electronic selection of contractors.

3. State budget funds shall not be used to perform the tasks stipulated in Clause 2 of this Article.

Section 2

SOURCES OF REVENUE

Article 30. Costs for publishing procurement information

1. Procurement information published on the Procurement Newspaper and the National Public Procurement Network System shall bear costs including:

a) Notice of interest, prequalification notice;

b) Tender invitation notice, bidding invitation notice;

c) Shortlist.

2. No cost shall be charged for publishing the following information on the National Public Procurement Network System and the Procurement Newspaper:

a) Contractor and investor selection plans;

b) Results of contractor and investor selection;

c) Bid opening results for electronic procurement;

d) Information on handling violations of procurement laws;

đ) Legal regulations on procurement;

e) List of public-private partnership (PPP) projects, projects using land;

g) Information on foreign contractors and investors winning bids in Vietnam;

h) Information on individuals granted procurement practice certificates;

i) Information on procurement lecturers;

k) Information on procurement training institutions;

l) Notices of cancellation, extension, adjustment, and correction of previously published information as specified in Point a, b, and c of Clause 1 of this Article.

3. The level of charges for publishing procurement information on the National Public Procurement Network System and the Procurement Newspaper shall be implemented according to the provisions of Clause 1 of Appendix III issued together with this Circular.

4. Parties subject to payment

The tender inviter shall bear the costs for publishing procurement information on the National Public Procurement Network System and the Procurement Newspaper.

Article 31. Costs for Implementing Tender Selection through the National Electronic Procurement System

1. Contents subject to costs for implementing tender selection through the National Electronic Procurement System include:

a) Costs for participating in the National Electronic Procurement System

- Costs for participating in the National Electronic Procurement System include registration fees for joining the National Electronic Procurement System (paid once upon registration) and maintenance fees for the name and data of the contractor and investor on the National Electronic Procurement System (paid annually in the first quarter, except for the year of registration).

- For contractors and investors who have completed the registration process to join the National Electronic Procurement System before this Circular takes effect, they will pay the maintenance fee for their name and data on the National Electronic Procurement System from 2016 onwards.

- If contractors and investors fail to pay the maintenance fee for their name and data on the National Electronic Procurement System within the specified period after being reminded, their registration on the National Electronic Procurement System will be deemed invalid, and they will not be able to obtain the confirmation certificate of their registration on the National Electronic Procurement System as stipulated in Clause 3, Article 6 of this Circular.

b) Costs for submitting tender documents and proposal documents

Contractors must pay the cost of submitting tender documents and proposal documents to the Organization operating the National Electronic Procurement System when applying for tender packages that require tender selection through the National Electronic Procurement System.

2. Levels of costs for participating in the National Electronic Procurement System and costs for submitting tender documents and proposal documents shall be implemented according to the provisions set out in Clause 2 of Appendix III attached to this Circular.

3. Parties responsible for costs

Contractors and investors are responsible for the costs of participating in the National Electronic Procurement System and the costs of submitting tender documents and proposal documents as stipulated in Clause 1 of this Article.

Article 32. Organizations for Collecting and Paying Costs

1. The account of the Organization operating the National Electronic Procurement System as prescribed in this Circular is a deposit account opened by the State Bidding Management Agency under the Ministry of Planning and Investment at the Treasury or an account opened by a unit under the State Bidding Management Agency with the function of managing and operating the National Electronic Procurement System at a commercial bank.

2. Regarding costs for publishing bidding information

a) The State Bidding Management Agency under the Ministry of Planning and Investment assigns the Bidding Newspaper to carry out the task of collecting costs for publishing bidding information. The entire amount collected is transferred by the Bidding Newspaper into the account opened by the State Bidding Management Agency at the Treasury.

b) The tenderer must pay the cost of publishing bidding information when submitting the information provision form to the Bidding Newspaper or within two working days from the date of self-publishing the information on the National Electronic Procurement System.

c) Costs for publishing bidding information are collected in Vietnamese dong; they can be paid in cash at the Bidding Newspaper or through online payment or transfer to the account opened by the State Bidding Management Agency at the Treasury.

d) In necessary cases, the Bidding Newspaper may apply the collection method of mandate without waiting for approval to collect costs for publishing bidding information.

3. Regarding costs for tender selection through the National Electronic Procurement System

a) Contractors and investors must pay the costs for participating in the National Electronic Procurement System and the costs for submitting tender documents and proposal documents as stipulated in Points a and b of Clause 1 of Article 31 of this Circular.

b) Costs for implementing tender selection through the National Electronic Procurement System are collected in Vietnamese dong; they can be paid in cash or through online payment or transfer to the account of the Organization operating the National Electronic Procurement System.

4. During implementation, if there are any issues or changes in the organizational model for collecting and paying costs, the State Bidding Management Agency under the Ministry of Planning and Investment shall report to the Ministry of Planning and Investment and the Ministry of Finance for appropriate handling.

Section 3

MANAGEMENT AND USE OF COSTS FOR PUBLISHING BIDDING INFORMATION

AND COSTS IN ELECTRONIC SELECTION OF CONTRACTORS

Article 33. Contents of Expenditure

1. Expenditure to fulfill obligations with the State Budget.

2. Expenditure for the operation of the Bid Newspaper at 100% of the total revenue from fees for publishing bidding information.

3. Expenditure for operating the National Public Procurement Network System, including: leasing transmission lines, electricity costs; purchasing, replacing, upgrading equipment, software licenses; upgrading and modifying application software; supplementary expenditure for specialized professional operations, office supplies.

4. Expenditure for organizing storage and managing databases on the National Public Procurement Network System.

5. Expenditure for answering queries and supporting users of the National Public Procurement Network System; training to enhance professional capacity for individuals directly involved in user support and system operation.

6. Other expenditures directly related to the work of receiving and processing registration files for the National Public Procurement Network System, online tender selection, online payment applications, and integration with other information technology systems.

7. Maintenance and repair expenses according to regular schedules or technical and operational requirements of the National Public Procurement Network System.

8. Expenses for renting backup systems to ensure continuous operation of the National Public Procurement Network System.

9. Other expenditures directly serving the publication of bidding information and online tender selection.

10. Reserve.

The reserve amount shall be 5% of the planned expenditure from Clause 1 to Clause 9 of this Article. The reserve can only be used when adjustments to expenditure items still fail to meet the expenditure tasks; it cannot be used to increase other expenditures.

Article 34. Organization of Establishing and Approving Revenue and Expenditure Plans

1. Establishment and Approval of Plans

Annually, based on plans for publishing bidding information on the National Public Procurement Network System and the Bid Newspaper, and plans for organizing online tender selection, the organization operating the National Public Procurement Network System and the Bid Newspaper shall establish plans for collecting and spending tender selection fees and bidding information publication fees; expenditure plans related to bidding information publication activities and online tender selection organization according to the contents in Appendix IV attached hereto, consolidated into the budget of the Public Procurement Management Department for approval by the Ministry of Planning and Investment.

The establishment of expenditure plans related to bidding information publication activities and online tender selection organization must comply with current financial standards, norms, and regulations.

2. Adjustment of Plans

During implementation, if new tasks arise, the Public Procurement Management Department may proactively adjust expenditure items from Section 1 to Section 7 Part B of Appendix IV attached hereto and bear responsibility for such adjustments within the approved annual plan scope. Adjustments can only be made in the fourth quarter of the planning year.

3. Settlement of Revenue and Expenditure

Annually, the organization operating the National Public Procurement Network System and the Bid Newspaper shall be responsible for preparing the settlement of revenue and expenditure according to the contents in Appendix V attached hereto, consolidated into the annual activity budget settlement of the Public Procurement Management Department for approval by the Ministry of Planning and Investment.

For surplus revenues exceeding expenditures or unspent expenditure items in the approved plan, they shall be carried forward to the next year's expenditure according to the prescribed regulations.

Chapter V

RESPONSIBILITIES OF THE PARTIES IN PROVIDING AND PUBLISHING INFORMATION ON PUBLIC PROCUREMENT AND ONLINE TENDER SELECTION

ON PUBLIC PROCUREMENT AND ONLINE TENDER SELECTION

Article 35. Responsibilities of organizations and individuals providing and posting bidding information

1. Organizations and individuals implementing the provision and posting of bidding information on the National Bidding Network System shall be responsible for explaining and complying with the provisions set forth in Point i Clause 2 Article 75, Article 79, Article 80 of the Bidding Law, Article 7 Decree No. 63/2014/ND-CP, Article 4 Decree No. 30/2015/ND-CP, Clause 1 Article 2 of this Circular, and paying the costs for posting bidding information as stipulated in Articles 30 and 32 of this Circular.

2. Organizations and individuals when implementing the provision and posting of bidding information on the Bidding Newspaper shall comply with the provisions set forth in Article 7 Decree No. 63/2014/ND-CP, Article 4 Decree No. 30/2015/ND-CP, Clause 1 Article 2 of this Circular, and pay the costs for posting bidding information as stipulated in Articles 30 and 32 of this Circular.

3. In cases where tender documents and request documents are issued more than 28 days after the announcement of the tender invitation or the tender offer invitation has been posted on the National Bidding Network System and the Bidding Newspaper, the tender inviter shall be responsible for re-posting the previously posted tender invitation and tender offer invitation.

Article 36. Responsibilities of the Organization Operating the National Bidding Network System and the Bidding Newspaper in Posting Bidding Information

1. In addition to the responsibilities prescribed in Article 85 of the Bidding Law, the Organization Operating the National Bidding Network System shall also have the following responsibilities:

a) Be responsible for designing, constructing, and upgrading the National Bidding Network System;

b) Rectify any errors that arise during operation to ensure continuous, stable, secure, and confidential operation of the National Bidding Network System and meet user needs;

c) Develop usage guides and support tenderers, contractors, and investors in registering, obtaining digital certificates to participate in the National Bidding Network System and selecting contractors through the network. Provide promotional, training, and guidance services to tenderers, contractors, and investors in providing and posting bidding information on the National Bidding Network System and implement related services concerning bidding information and contractor selection through the network;

d) Compile necessary information for operating the National Bidding Network System. Ensure the safety of the system's equipment;

đ) Announce the list of banks connected to the National Bidding Network System to perform bid bond transactions online, and the list of organizations providing public digital signature verification services compatible with the National Bidding Network System;

e) Store information posted on the National Bidding Network System.

2. The Bidding Newspaper shall be responsible for:

a) Receiving and posting on the Bidding Newspaper and the National Bidding Network System bidding information according to the provisions of Clauses 2, 3, and 4 of Article 8 of Decree No. 63/2014/ND-CP, and Clauses 2, 3, and 4 of Article 5 of Decree No. 30/2015/ND-CP. Upon discovering any invalid information, within a maximum period of two working days from the date the tenderer posts the information on the National Bidding Network System or from the date of receipt of the information registration form, the Bidding Newspaper shall notify via email or telephone about the invalid information content for the tenderer to correct and complete the posting on the National Bidding Network System, or resubmit to the Bidding Newspaper for posting according to regulations.

b) Publicly announce on the Bidding Newspaper and the National Bidding Network System English-language registration forms for information used in international bidding packages and international prequalification projects.

3. In cases where the Organization Operating the National Bidding Network System and the Bidding Newspaper make mistakes in posting bidding information such as delayed posting, incorrect content, or intentionally not posting information causing damage to tenderers, contractors, and investors, they must compulsorily correct and publicly announce on the National Bidding Network System and the Bidding Newspaper. Additionally, depending on the severity of the mistake, relevant individuals of the Organization Operating the National Bidding Network System and the Bidding Newspaper may be subject to responsibility handling according to the Labor Code, Civil Servant Law, Public Servant Law, and other relevant laws.

Chapter VI

IMPLEMENTATION

Article 37. Guidance on Implementation

1. Timeline for registering contractor information on the National Public Procurement System

Starting from July 1, 2016, contractors and investors who have not been confirmed to have registered their information on the National Public Procurement System shall not be eligible to participate in bidding for tender packages and projects specified in Articles 20, 21, 22, 23, 24, 25, and 26 of the Public Procurement Law at least two working days before the closing date of the tender.

2. Timeline for implementing online public procurement

a) Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, state-owned economic groups, state-owned corporations, and political-social organizations, except for the agencies stipulated in Point b of this Clause, shall instruct their project sponsors and tenderers to organize online public procurement according to the following timeline:

- In 2016, implement online public procurement for at least 20% of competitive bidding tender packages, 10% of small-scale open and selective tenders, but at least one competitive bidding or open and selective tender package;

- In 2017, implement online public procurement for at least 30% of competitive bidding tender packages, 15% of small-scale open and selective tenders;

- From 2018 onwards, implement online public procurement for at least 40% of competitive bidding tender packages, 30% of small-scale open and selective tenders;

b) The People's Committee of Hanoi City, Vietnam Electricity Group, and Vietnam Post and Telecommunications Group (agencies and units that have piloted online public procurement since July 1, 2014) shall instruct their project sponsors and tenderers to organize online public procurement according to the following timeline:

- In 2016, at least 30% of competitive bidding tender packages, 20% of small-scale open and selective tenders, but at least two competitive bidding or open and selective tender packages;

- In 2017, at least 50% of competitive bidding tender packages, 30% of small-scale open and selective tenders;

- From 2018 onwards, at least 50% of competitive bidding tender packages, 40% of small-scale open and selective tenders;

c) Based on the actual situation during the period of 2016-2018, the Ministry of Planning and Investment will evaluate the implementation of online public procurement to adjust the application ratio for the subsequent period.

3. During annual holidays, the Ministry of Planning and Investment shall guide the provision and publication of public procurement information on the National Public Procurement System and the Public Procurement Newspaper in accordance with the holiday schedule announced by the Government.

Article 38. Effective Date of Implementation

1. This Circular takes effect from November 1, 2015.

2. From the date this Circular takes effect, Circular Jointly Issued No. 20/2010/TTLT-BKH-BTC dated September 21, 2010, issued by the Ministry of Planning and Investment and the Ministry of Finance, detailing the provision of public procurement information for publication on the Public Procurement Newspaper; Circular No. 17/2010/TT-BKH dated July 22, 2010, issued by the Ministry of Planning and Investment, detailing the pilot implementation of online public procurement, shall cease to be effective.

3. During the implementation process, if there are any difficulties, ministries, ministerial-level agencies, agencies under the Government, 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 and the Ministry of Finance for timely review and adjustment./.