Circular No. 08/2022/TT-BKHĐT detailing the provision and publication of information on public procurement and contractor selection on the National Public Procurement Network System

CIRCULAR

provides detailed regulations on providing and publishing information on public procurement and

selecting contractors on the National Public Procurement Network System

__________________________

                                                                                                                                                                                           Pursuant to the Public Procurement Law dated November 26, 2013;

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

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

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

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

Article 1. Scope

Article 1. Amending and supplementing certain provisions of Circular No. 02/2024/TT-BKHĐT

The Minister of Planning and Investment issues this Circular providing detailed regulations on providing and publishing information on public procurement and selecting contractors on the National Public Procurement Network System.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

1. This Circular provides detailed regulations on:

a) Selecting contractors on the National Public Procurement Network System for tender packages involving consultancy services, non-consultancy services, goods, construction works, and drug purchases within the scope regulated by the Public Procurement Law, organized through open tendering, selective tendering, and domestic competitive bidding in one-stage one-envelope and two-stage two-envelope procedures;

b) Providing and publishing information on selecting contractors on the National Public Procurement Network System and the Public Procurement Newspaper in accordance with the Public Procurement Law;

c) Managing and using the bid security and contract performance security value in cases where they are not refunded to the contractor.

2. Determining shortlists and selecting contractors through the network have not yet been applied to international tender packages, mixed tender packages, and tender packages organized through two-stage one-envelope and two-stage two-envelope procedures. For international tenders, the preparation of tender invitation documents may apply the provisions of this Circular and other circulars guiding public procurement under Free Trade Agreements that the Socialist Republic of Vietnam is a member of or has signed, provided that such application does not conflict with the Public Procurement Law and Decree No. 63/2014/ND-CP.

3. Information on public procurement for tender packages under projects funded by Official Development Assistance (ODA) and concessional loans arising from international treaties and agreements between Vietnam and sponsors should be encouraged to be published on the Public Procurement Newspaper and in the "other capital" section of the National Public Procurement Network System.

4. For projects and tender packages containing contents listed in the State Secrets Catalogue as prescribed by laws on protecting state secrets, there is no need to provide and publish such secret information in accordance with this Circular. Management of information listed in the State Secrets Catalogue shall comply with the laws on protecting state secrets.

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 conducting the selection of contractors outside the scope regulated by Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the implementation process shall follow Guidelines for Use on the National Public Procurement Network System.

Article 3. Explanation of Terms  

1. The National E-Government Procurement System (hereinafter referred to as the System) is an information technology system established and managed by the Ministry of Planning and Investment in accordance with Clause 26, Article 4 of the Public Procurement Law, available at https://muasamcong.mpi.gov.vn.

2. The national business registration information system is a specialized information system for business registration as stipulated in Clause 2, Article 3 of Decree No. 01/2021/ND-CP.

3. National Public Procurement Network Center (hereinafter referred to as the Center) under the Department of Public Procurement, Ministry of Planning and Investment is an organization operating the System in accordance with Article 85 of the Public Procurement Law.

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

a) Decree No. 63/2014/ND-CP is a Decree issued by the Government on June 26, 2014 detailing the implementation of certain articles of the Public Procurement Law concerning the selection of contractors;

b) Circular No. 04/2017/TT-BKHĐT is a Circular issued by the Minister of Planning and Investment on November 15, 2017 detailing the selection of contractors through the National Public Procurement Network System;

c) Circular No. 05/2020/TT-BKHĐT is a Circular issued by the Minister of Planning and Investment on June 30, 2020 amending and supplementing certain articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Public Procurement Network System;

d) Circular No. 15/2019/TT-BYT is a Circular issued by the Minister of Health on July 11, 2019 detailing the procurement of medicines at public health facilities;

đ) Circular No. 06/2021/TT-BKHĐT is a Circular issued by the Minister of Planning and Investment on September 30, 2021 detailing the collection, payment, management, and use of costs for registration, publication of information, selection of contractors, and investors on the National Public Procurement Network System and the Public Procurement Newspaper;

e) E-TBMST is an online prequalification notice;

g) E-TBMQT is an online interest notice;

h)||| E-TBMT is an online tender notice, online request for quotation notice;

i) E-HSMQT is an online interest document;

k) E-HSQT is an online interest submission;

l) E-HSMST is an online prequalification document;

m) E-HSDST is an online prequalification submission;

n) E-HSMT is the tender document for online open tendering, online selective tendering, and the request for quotation document for online competitive bidding according to the standard procedure, and the request for quotation document for online simplified competitive bidding;

o) E-HSDT is the tender document for online open tendering, online selective tendering, and the proposal document for online competitive bidding according to the standard procedure, and the quotation document for online simplified competitive bidding;

p) E-HSĐXKT is the technical proposal document submitted online;

q) E-HSĐXTC is the financial proposal document submitted online.

5. Electronic document is a document or information successfully sent, received, and stored on the System, including:

a) Project information;

b) Plan for Selection of Contractors;

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

d) Shortlist;

d) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, interest document, prequalification document, tender document; clarifications on E-HSMST, E-HSMQT, E-HSQT, E-HSDST, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, interest document, prequalification document, tender document;

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.

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

7. Digital certificate used on the System at https://muasamcong.mpi.gov.vn is a public digital certificate issued by a public digital signature certification service provider.

8. Guidelines for Use is the electronic document published on the System to guide users in conducting transactions on the System.

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

a) Project sponsor;

b) Tender inviter;

c) Contractor;

d) Bid management unit;

d) Training institution on bidding.

10. Account participating in the System is the account issued by the Center for the Organization participating in the System to perform one or more roles specified in Clause 9 of this Article.

11. 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 the account created by the Participating Account to perform transactions on the System.

12. 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 Limited Liability Company for Investment and Development of the National Online Bidding System established by the Investor according to the provisions of the BOT Contract for the e-GP Project.

13. BOT Contract for the e-GP Projectis the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information Technology Joint Stock Company) to invest, design, construct, operate, maintain, upgrade, and transfer the National Online Bidding System under the Public-Private Partnership model.

Article 4. Application of the Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…sample dossier and Appendix

1. For construction procurement packages:

1. Sample number 1A is used to prepare the E-HSMT applying open tendering, selective tendering, and competitive bidding in one-stage one-envelope procedure;
2. Sample number 1B is used to prepare the E-HSMT applying open tendering and selective tendering in one-stage two-envelope procedure;
3. Sample number 1C is used to prepare the E-HSMST.

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

1. Sample number 2A is used to prepare the E-HSMT applying open tendering, selective tendering, and competitive bidding in one-stage one-envelope procedure;
2. Sample number 2B is used to prepare the E-HSMT applying open tendering and selective tendering in one-stage two-envelope procedure;
3. Sample number 2C is used to prepare the E-HSMST.

3. For non-consultancy service procurement packages:

1. Sample number 3A is used to prepare the E-HSMT applying open tendering, selective tendering, and competitive bidding in one-stage one-envelope procedure;
2. Sample number 3B is used to prepare the E-HSMT applying open tendering and selective tendering in one-stage two-envelope procedure;
3. Sample number 3C is used to prepare the E-HSMST.

4. For consultancy service procurement packages:

1. Sample number 4A is used to prepare the E-HSMT applying open tendering and selective tendering in one-stage two-envelope procedure;
2. Sample number 4B is used to prepare the E-HSMQT.

5. Sample number 5 is used to prepare the E-HSMT applying competitive bidding in simplified procedures.
6. For Report Templates:

1. Sample number 6A is used to prepare the E-HSDT report according to Procedure 01 stipulated in Point a, Clause 1, Article 32 of this Circular for non-consultancy service procurement, goods procurement, and construction procurement packages in one-stage one-envelope procedure;
2. Sample number 6B is used to prepare the E-HSDT report according to Procedure 02 stipulated in Point b, Clause 1, Article 32 of this Circular for non-consultancy service procurement and goods procurement packages in one-stage one-envelope procedure;
3. Sample number 6C is used to prepare the E-HSDT report for non-consultancy service procurement, goods procurement, and construction procurement packages in one-stage two-envelope procedure;
4. Sample number 6D is used to prepare the E-HSDT report for consultancy service procurement packages in one-stage two-envelope procedure.

7. For drug procurement packages:

1. Sample number 7A is used to prepare the E-HSMT applying open tendering in one-stage one-envelope procedure;
2. Sample number 7B is used to prepare the E-HSMT applying open tendering in one-stage two-envelope procedure.

8. Appendix:

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

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

c) Appendix 2A: Template of the Request for Approval of Ranking List of Contractors (for packages using one-stage one-envelope procedure);

d) Appendix 2B: Template of the Request for Approval of Ranking List of Contractors (for packages using one-stage two-envelope procedure);

đ) Appendix 3A: Template of the Minutes of Contract Negotiation (for goods procurement, construction procurement, mixed procurement, and non-consultancy service procurement packages);

e) Appendix 3B: Template of the Minutes of Contract Negotiation (for consultancy service procurement packages);

g) Appendix 3C: Template of the Comparison Result of Documents (for all packages);

h) Appendix 4: Template of the Request for Approval of Selection Results;

i) Appendix 5: Template of the Commitment Letter;

k) Appendix 6: Registration Form for Legal Normative Documents on Procurement;

l) Appendix 7: Registration Form for Foreign Contractors Winning Bids in Vietnam;

m) Appendix 8: Registration Form for Handling Violations of Procurement Law;

n) Appendix 9: Some Provisions of E-HSMT Violating Clause 2, Article 12 of Decree No. 63/2014/NĐ-CP.

9. For procurement packages belonging to projects funded by ODA and concessional loans from foreign governments, international organizations, intergovernmental or interregional organizations, or government organizations authorized by foreign governments to provide to the State or the Government of the Socialist Republic of Vietnam, if approved by the donor, the preparation of E-HSMT, E-HSMQT, E-HSMST, E-HSDT reports, E-HSQT, and E-HSDST shall be carried out according to the templates prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

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

1. Files uploaded to the System must ensure:

a) Files that can be opened and read by common software such as MS Office or Open Office word processing and reading software; PDF reading software; common design software like AutoCAD, Photoshop; image reading software integrated into the Windows operating system. Files should use fonts within the Unicode character set;

b) Compressed files that can be opened by common decompression software such as built-in Windows decompression software ZIP, RAR, or 7Zip. In case of compressed files, 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 case the attached files in the Invitation to Express Interest dossier, E-HSMQT, Prequalification dossier, E-HSMST, Tender dossier, E-HSMT do not comply with the provisions of Clause 1 of this Article or for other reasons leading to inability to open or read them, the tenderer must re-upload and issue the entire Invitation to Express Interest dossier, E-HSMQT, Prequalification dossier, E-HSMST, Tender dossier, E-HSMT again.

3. In case the attached files in the Bid Submission dossier, E-HSDT, Qualification dossier, E-HSQT, Prequalification dossier, E-HSDST do not comply with the provisions of 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 case of technical issues causing the System to be unable to operate, tender packages that have closing times, deadlines for clarification of E-HSQT, E-HSDST, E-HSDT within the period from when the System encounters the issue until two hours after the completion of the repair will automatically be extended to the new closing time, new deadlines for clarification of E-HSQT, E-HSDST, E-HSDT being six hours after the completion of the repair.

2. In case the new closing time and new deadlines for clarification of E-HSQT, E-HSDST, E-HSDT according to Clause 1 of this Article occur after 17:00, the System will automatically extend to 09:00 of the following day.

3. In case the System automatically extends the closing time according to Clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, E-HSDT will be based on the closing time stated in the Invitation to Bid, E-TBMQT, E-TBMST, E-TBMT before the System encountered the issue.

4. In case of technical issues causing the System to be unable to operate and the expected repair time is long, the Ministry of Planning and Investment shall be responsible for announcing on the System the method of organizing the selection of contractors during the time the System encounters the issue, including organizing the selection of contractors without using the System.

Article 7. Registration to join the System and processing registration dossiers

1. The registration process of Organizations joining the System shall be carried out in accordance with Guidelines for Use.

2. The registration dossier for joining the System includes:

a) A registration form to join the System formed on the System in accordance with the registration process prescribed in Clause 1 of this Article. In case the legal representative of the Organization joining the System authorizes someone else to sign the registration form, such authorization letter must be attached on the System;

b) In case the Organization joining the System does not have its name on the National Enterprise Registration Information System, it must attach on the System a copy of the Decision on Establishment or Business Registration Certificate or Business Registration Certificate for individual business households or equivalent documents.

3. Supplementing, amending information registered on the System:

a) Amending information registered on the System (including adding roles for the Account participating in the System) shall be carried out in accordance with Guidelines for Use;

b) The System automatically updates the information of the Organization joining the System based on the National Enterprise Registration Information System.

4. Terminating or temporarily suspending participation in the System:

a) In case the Organization joining the System requests to temporarily suspend all or some roles of the Account participating in the System, it shall be carried out in accordance with Guidelines for Use;

b) In case the Organization joining the System fails to pay service usage fees as stipulated in Article 10 of Circular No. 06/2021/TT-BKHĐT, the System will temporarily suspend one or more roles of the Account participating in the System until the payment obligation is fulfilled;

c) In case the Organization joining the System has been dissolved, declared bankrupt, or ceased to exist in accordance with the law, the System will automatically update the status of terminating the Account participating in the System based on information from the National Enterprise Registration Information System;

d) In case the Account participating in the System has a suspended or terminated status for the contractor role, the Organization joining the System will not meet the legitimate qualifications as stipulated at point d, Clause 1, Article 5 of the Bidding Law, Section 5 Chapter I of the Models E-HSMQT, E-HSMST, E-HSMT issued together with this Circular.

5. Restoring Accounts participating in the System:

The restoration of Accounts participating in the System after suspension or termination as stipulated in points a and c, Clause 4 of this Article shall be carried out in accordance with Guidelines for Use.

6. Procedures and deadlines for processing dossiers:

The Center is responsible for processing dossiers as prescribed in Clause 1, Clause 3, points a, b, d, Clause 4 and Clause 5 of this Article within two working days from the date of receipt of the request on the System, while notifying the result of processing to the Organization joining the System through the notification board on the System, email, mobile application or other communication channels and detailed guidance in Guidelines for Use.

Article 8. Management of accounts and use digital certificates

1. Establishment of Business Accounts:

Accounts participating in the System create, grant permissions to corresponding operational accounts according to the roles of the Organization participating in the System as stipulated in points a, b, c, and d, Clause 9 of Article 3 of this Circular; lock, unlock; reset password, authentication methods, login devices for operational accounts.

2. Use of Digital Certificates on the System:

a) Organizations obtaining digital certificates as stipulated in Clause 7 of Article 3 of this Circular when joining the System must register to use digital certificates in accordance with Guidelines for Use. Digital certificates used on the System are those issued to organizations;

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

c) The registration, change, cancellation of information about digital certificates of Organizations participating in the System shall be carried out on the System in accordance with Guidelines for Use;

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

3. Organizations or individuals intentionally uploading information as prescribed in Article 8 of the Bidding Law which is false will have their accounts locked for twelve months.

Article 9. Sending and receiving electronic documents on System"

1. The electronic documents prescribed in Clause 5 of Article 3 of this Circular have legal validity and serve as a basis for comparison, verification of information to support the work of evaluation, examination, inspection, audit, and disbursement as stipulated in Clause 5 of Article 85 of Decree No. 63/2014/NĐ-CP.

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

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

4. Organizations that successfully register in the System have the right to access the status of their electronic documents 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 such organizations and individuals can search and access corresponding electronic documents on the System, except in cases where it is necessary to verify by the original document.

Article 10. Conditions for Information Technology Infrastructure

Organizations participating in the System must meet the requirements for information technology infrastructure as prescribed in Clause 1 of Article 79 and Clause 1 of Article 80 of the Bidding Law and are detailed in the User Guide.

 

Chapter II

UPLOADING AND PROVIDING INFORMATION ON BIDDING

Section 1

INFORMATION AND PROCEDURES FOR UPLOADING ON THE SYSTEM

 

Article 11. Information on the capacity and experience of contractors

1. Information on the capacity and experience of contractors on the System includes:

a) General information about the contractor;

b) Annual financial report data;

c) Information on contracts being implemented and completed;

d) Information on key personnel;

đ) Information on machinery and equipment;

e) Information on the contractor's reputation.

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

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

4. If a contractor declares false information with the aim of obtaining financial benefits or other advantages or to evade any obligation, it will be considered fraud as stipulated in Clause 4 of Article 89 of the Bidding Law.

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

Article 12. Information on projects and plans for selecting contractors

1. Time of posting:

Information on the plan for selecting contractors is posted on the System by the project owner (for development projects) or the tenderer (for regular procurement) within seven working days from the date of approval of the plan for selecting contractors. Basic information about the project is posted simultaneously with the plan for selecting contractors.

2. Attached Documents:

The project owner (for development projects) or the tenderer (for regular procurement) must attach the Decision approving the plan for selecting contractors during the process of posting the plan for selecting contractors.

3. The preparation of plans for selecting contractors for tender packages under the project is based on the capital allocation plan for the entire project, without the necessity to prepare a plan for selecting contractors according to the annual capital plan.

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

The tenderer posts notices of interest, prequalification notices, E-TBMQT, E-TBMST on the System in accordance with the schedule for organizing the selection of contractors and consistent with the time for organizing the selection of contractors in the approved plan for selecting contractors. Amendments and cancellations of notices of interest, prequalification notices, E-TBMQT, E-TBMST can only be made before the closing date for bids, except in cases where no contractor submits a notice of interest or prequalification application, E-HSQT, E-HSDST.

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

1. Issuance:

a) Notices of interest, prequalification documents, E-HSMQT, E-HSMST are issued free of charge on the System immediately after successfully posting the prequalification notice, notice of interest, E-TBMQT, E-TBMST. During the posting of the prequalification notice, notice of interest, E-TBMQT, E-TBMST, the tenderer must attach the following documents:

- Decision approving the notice of interest, prequalification documents, E-HSMQT, E-HSMST;

- Approved notices of interest, prequalification documents, E-HSMQT, E-HSMST.

The project owner and tenderer shall not issue paper copies of notices of interest, prequalification documents to contractors. If the project owner or tenderer issues paper copies to contractors, such paper copies do not have legal validity for preparing and evaluating notices of interest, prequalification applications, E-HSQT, E-HSDST.

b) In cases where the content of notices of interest, prequalification documents, E-HSMQT, E-HSMST posted on the System differs from the content of the approved notices of interest, prequalification documents, E-HSMQT, E-HSMST, the notices of interest, prequalification documents, E-HSMQT, E-HSMST posted on the System serve as the basis for preparing and evaluating notices of interest, prequalification applications, E-HSQT, E-HSDST.

2. Amendment:

a) For non-electronic bidding, in cases where notices of interest, prequalification documents are amended after issuance, the tenderer must post the following documents on the System in one of the following ways:

- Decision amending along with the amended content of notices of interest, prequalification documents;

- Decision amending and the amended notices of interest, prequalification documents, in which the amended notices of interest, prequalification documents clearly indicate the amended content.

b) For electronic bidding, in cases where E-HSMQT, E-HSMST are amended after issuance, the tenderer must post the following documents on the System:

- Decision amending along with the amended content of E-HSMQT, E-HSMST;

- E-HSMQT, E-HSMST have been amended.

3. Clarification:

a) In cases where clarification of the tender invitation for interest, prequalification documents, E-HSMQT, E-HSMST is required, the bidder shall submit a request for clarification to the tenderer through the System at least three working days before the closing date of the tender.

b) The tenderer shall post clarifications on the tender invitation for interest, prequalification documents, E-HSMQT, E-HSMST on the System at least two working days before the closing date of the tender.

c) The content of the clarifications on the tender invitation for interest, prequalification documents, E-HSMQT, E-HSMST must not contradict the approved content of the tender invitation for interest, prequalification documents, E-HSMQT, E-HSMST. If accepting the content of requests for clarification leads to the need to amend the tender invitation for interest, prequalification documents, E-HSMQT, E-HSMST, such amendments shall be carried out in accordance with Clause 2 of this Article based on compliance with the timeframes stipulated in Point m of Clause 1 of Article 12 of the Bidding Law and Point c of Clause 2 of Article 64 of Decree No. 63/2014/NĐ-CP.

Article 15. Shortlist

1. Time of posting:

The tenderer shall post the shortlist on the System within seven working days from the date of approval of the shortlist.

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 tenderer shall post the tender notice, E-TBMT on the System according to the schedule for selecting contractors and consistent with the time for organizing the selection of contractors as approved in the procurement plan. Amendments or cancellations of the tender notice, E-TBMT can only be made before the closing date, except in cases where no bidder submits a bid.

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

1. Issuance:

a) During the posting of the tender notice, E-TBMT, the tenderer must attach the following documents:

- Decision approving the tender documents, E-HSMT;

- Approved tender documents, E-HSMT;

For non-electronic bidding, the tender documents shall be issued on the System immediately after successfully posting the tender notice. In cases where the tender documents (electronic versions already issued on the System) are sold, when submitting the bid, the bidder must pay the tenderer an amount equal to the price of the tender documents as stipulated in Clause 1 of Article 9 of Decree No. 63/2014/NĐ-CP. The tenderer shall not issue paper copies of the tender documents to bidders; if the tenderer issues paper copies to bidders, these paper copies shall not have legal value for preparing and evaluating bids.

b) If the content of the tender documents, E-HSMT posted on the System differs from the approved content of the tender documents, E-HSMT, the tender documents, E-HSMT issued on the System shall serve as the basis for preparing and evaluating bids, E-HSDT.

2. Amendment:

a) For non-electronic bidding, in cases where the tender documents are amended after issuance, the tenderer must post the following documents on the System in one of the following ways:

- Decision to amend accompanied by the amended parts of the tender documents;

- Decision to amend and the amended tender documents, clearly indicating the amended parts in the amended tender documents.

b) For electronic bidding, in cases where the E-HSMT is amended after issuance, the tenderer must post the following documents on the System:

- Decision to amend accompanied by the amended parts of the E-HSMT;

- Amended E-HSMT.

3. Clarification:

a) For non-electronic bidding, in cases requiring clarification of the tender documents, the bidder must submit a request for clarification to the tenderer through the System at least three working days (for domestic tenders) or five working days (for international tenders) before the closing date of the tender for consideration and resolution.

For electronic bidding, in cases requiring clarification of the E-HSMT, the bidder must submit a request for clarification to the tenderer through the System at least three working days before the closing date of the tender for consideration and resolution.

b) The tenderer shall accept the content of the bidder's request for clarification and post the clarification of the tender documents, E-HSMT on the System at least two working days before the closing date of the tender.

c) The content of the clarification of the tender documents, E-HSMT must not contradict the approved content of the tender documents, E-HSMT. If accepting the content of the request for clarification of the tender documents, E-HSMT leads to the need to amend the tender documents, E-HSMT, such amendments shall be carried out in accordance with Clause 2 of this Article based on compliance with the timeframes stipulated in Point m of Clause 1 of Article 12 of the Bidding Law and Point c of Clause 2 of Article 64 of Decree No. 63/2014/NĐ-CP.

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

Article 18. Cancellation, extension, modification of published information

Cancellation, extension, or modification of posted information shall be carried out in accordance with Guidelines for Use.

Article 19. Results of contractor selection

1. Time of posting:

The tenderer shall post the results of the contractor selection on the System within seven working days from the date of approval of the selection results.

2. Attached documents include:

a) Decision approving the results of contractor selection;

b) Report on the evaluation of E-HSDT for electronic bidding (posting the consolidated report without attaching individual evaluation sheets of the members of the evaluation team).

c) In cases where the budget estimate of the tender package is approved during the issuance of E-HSMT or when handling situations under Clause 8 of Article 117 of Decree No. 63/2014/NĐ-CP and the procurement plan has been posted, the tenderer shall update the budget estimate and attach the Decision approving the budget estimate.

3. For tender packages for purchasing goods, detailed information about the awarded items must be publicly disclosed, including the item list, model code, description of goods, origin, quantity, and winning bid unit price.

Article 20. Procedure for posting on the System

The procedures for posting information under Articles 11, 12, 13, 14, 15, 16, 17, and 19 of this Circular shall be carried out in accordance with Guidelines for Use.

 

Section 2

RESPONSIBILITIES OF THE PARTIES

 

Article 21. Responsibilities of the project owner

1. Fulfilling the responsibilities as stipulated in Clauses 1, 5, 8, 10, and 13 of Article 74 of the Bidding Law.

2. Bearing legal responsibility for the accuracy and truthfulness of the information registered and posted on the System when logging in with their own System participation Account.

3. Checking and confirming the posting of their information on the System.

4. Managing and bearing responsibility for assigning permissions to corresponding business Accounts according to their roles; managing the use of digital certificates on the System.

Article 22. Responsibilities of the Inviting Party

1. Fulfilling the responsibilities as stipulated in Points a, b, c, d, k of Clause 1 and Points a, b, c, đ, e, k of Clause 2 of Article 75 of the Bidding Law.

2. Posting on the System information about foreign contractors winning bids in Vietnam as set forth in Appendix 7 issued together with this Circular, the posting shall be carried out in accordance with Guidelines for Use. Information must be sent simultaneously to the Bidding Management Department, Ministry of Planning and Investment within seven working days from the date of approval of the bidding results as stipulated in Point c of Clause 1 of Article 128 of Decree No. 63/2014/NĐ-CP.

3. For international bidding packages, the inviting party must post the information prescribed in Articles 13, 15, 16, 18, and 19 of this Circular in both Vietnamese and English.

4. The inviting party shall be responsible for the consistency of the documents posted on the System with the approved documents. In case there is a discrepancy between the documents posted on the System and the approved documents, the posted documents on the System will serve as the legal basis for implementation.

5. Monitoring and updating the information already posted on the System and the information that the System reflects.

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

Article 23. Responsibilities of the Contractor

1. Registering to participate in the System to be approved as prescribed in Article 7 of this Circular before the bid closing time to ensure legitimate status as stipulated in Point d of Clause 1 of Article 5 of the Bidding Law.

2. Fulfilling the responsibilities as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 77 of the Bidding Law.

3. Providing and posting bidding information on the System, ensuring compliance with the provisions of Article 80 of the Bidding Law and Article 7 of Decree No. 63/2014/NĐ-CP.

4. Managing the System participation Account and the digital certificate registered on the System.

Article 24. Responsibilities of the Center, e-GP Project Enterprise, and the Bidding Newspaper

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) Building documents; Guidelines for Usesupporting participating organizations in the process of registering, providing, posting information, and selecting contractors through the network;

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

d) Cooperating with the e-GP Project Enterprise to fulfill the responsibilities as stipulated in Clauses 2, 4, and 5 of Article 85 of the Bidding Law.

2. The e-GP Project Enterprise has the responsibility:

a) Fulfilling the responsibilities as stipulated in Article 85 of the Bidding Law;

b) Ensuring information security and database confidentiality of the System;

c) Ensuring the integrity of the files on the System, including preventing unauthorized access and illegal file substitution;

d) Ensuring safety and security for users and managing user files; ensuring the System has a mechanism to record actions over time on the System;

đ) Building the System to ensure compatibility with other systems; user-friendly interface, meeting standards in the field of information technology; convenient and easy to use for system users;

e) Having a system risk management mechanism (able to handle large volumes of information...);

g) Not using project, package, contractor, investor, inviting party, and other information on the System for purposes outside the purpose of building and operating the System;

h) Ensuring hardware meets requirements.

The e-GP Project Enterprise bears legal responsibility for the contents specified in Points b, c, d, e, g, and h of this clause. In case of errors occurring, the e-GP Project Enterprise and related individuals will be subject to examination and handling of responsibility according to the BOT Contract of the e-GP Project and relevant laws.

3. The Bidding Newspaper has the responsibility:

a) Reviewing and identifying invalid information as stipulated in Clause 6 of Article 3 of this Circular and notifying the investor and inviting party within a maximum of one working day from the date the investor and inviting party post the information on the System themselves. The notification shall be made on the System, email, mobile application, or other communication channels regarding the invalid information content so that the investor and inviting party can self-correct, complete, and repost on the System;

b) Extracting information as stipulated in Articles 13, 15, 16, and 18 of this Circular to publish once in the Bidding Newspaper within two working days from the date the investor and inviting party post the information on the System as stipulated in Clause 3 of Article 8 of Decree No. 63/2014/NĐ-CP.

4. In case of errors in posting bidding information such as delayed posting, incorrect content, or intentionally not posting information causing damage to the investor, inviting party, or contractor, the Bidding Newspaper must publicly post supplementary and corrective information according to the law on press. Depending on the severity of the error, related organizations and individuals at the Bidding Newspaper may also be subject to examination and handling of responsibility according to the law on civil servants, public officials, labor law, and other relevant laws.

 

Chapter III

PROVISIONS ON SELECTING CONTRACTORS THROUGH THE NETWORK

 

Article 25. Establishment, submission, review, and approval E-HSMQT, E-HSMST, E-HSMT

1. The inviting party organizes the establishment of E-HSMQT, E-HSMST, E-HSMT on the System. After establishing E-HSMQT, E-HSMST, E-HSMT, the inviting party submits to the investor for the investor to organize the review and approval of E-HSMQT, E-HSMST, E-HSMT. The approval of E-HSMQT, E-HSMST, E-HSMT is carried out offline.

2. E-HSMT must include all necessary information to serve as a basis for contractors to prepare E-HSDT. In cases where the project owner or tenderer posts an incomplete E-HSMT (such as missing designs, drawings, etc.) or unclear information, causing difficulties for contractors in preparing E-HSDT, such E-HSMT shall be deemed invalid; the project owner or tenderer must amend and supplement the E-HSMT appropriately and re-post it.

3. For procurement packages involving goods, construction works, non-advisory services, the data table, validity criteria, capacity requirements, and experience in E-HSMST, E-HSMT shall be digitized in the form of a webform on the System. The project owner or tenderer shall not attach other files regarding the data table, validity criteria, capacity requirements, and experience in E-HSMST, E-HSMT. Data tables, validity criteria, capacity requirements, and experience that are not digitized in the form of a webform shall not be considered part of E-HSMST, E-HSMT, and contractors are not required to meet these requirements.

4. In cases where prequalification has been applied, if there are changes in the contractor's capacity and experience when submitting E-HSDT compared to the time of participating in prequalification, the contractor must update their capacity and experience.

5. If E-HSMT contains contents leading to restrictions on contractor participation or creating advantages for one or some contractors, resulting in unfair competition, violating Clause 2, Article 12 of Decree No. 63/2014/NĐ-CP as stipulated in Appendix 9 issued together with this Circular, then the tenderer or the specialized group shall not exclude E-HSDT that does not comply with these contents.

6. In cases where consultants are hired to perform the role of the tenderer or the specialized group to post information, create E-HSMQT, E-HSMST, E-HSMT, evaluate E-HSQT, E-HSDST, E-HSDT, the hiring unit shall implement according to Guidelines for Use.

Article 26. Responsibilities of contractors during the bidding process

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

a) Information regarding the validity of E-HSDT:

- Regarding the bid guarantee, contractors declare information and attach a scanned copy of the bid guarantee;

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

b) Information about capacity and experience:

- For similar contracts and production capacity, contractors declare and attach relevant documents to prove the declared information;

- For financial resource requirements, contractors declare information; in cases where contractors use credit provision commitments to prove financial resources, in addition to declaring information, contractors 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 capacity dossier;

- For other contents, contractors declare on the webform without needing to attach scanned copies of related documents and texts;

For financial report data starting from 2021, in cases where contractors find that the System has not updated data compared to the Electronic Tax System for years starting from 2021, contractors must modify the information to align with the data reported to tax authorities; in cases where the data updated or modified by contractors on the System is inconsistent with the data on the Electronic Tax System, leading to distortion of the contractor selection results, contractors will be considered fraudulent and in violation of Clause 4, Article 89 of the Bidding Law.

2. Contractors are responsible for studying E-HSMQT, E-HSMST, E-HSMT for procurement packages they are interested in to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. In cases where contractors discover unclear contents in E-HSMQT, E-HSMST, E-HSMT that cause difficulties for contractors in preparing E-HSQT, E-HSDST, E-HSDT, contractors must request the tenderer to clarify E-HSMQT, E-HSMST, E-HSMT so that the project owner or tenderer can amend and supplement these documents appropriately.

3. Contractors are responsible for monitoring and updating information on the System for procurement packages they are interested in or participate in. In cases where errors occur due to failure to monitor and update information on the System, leading to disadvantages for contractors during the bidding process including changes, amendments to E-HSMQT, E-HSMST, E-HSMT, submission deadlines for E-HSQT, E-HSDST, E-HSDT, clarification deadlines for E-HSQT, E-HSDST, E-HSDT, negotiation deadlines for contracts, and other contents, contractors must bear responsibility and suffer disadvantages during the bidding process.

4. In cases where the legal representative of the contractor authorizes the branch manager, subsidiary general manager (dependent accounting), factory manager... to perform tasks during the bidding process, participation on the System must be conducted using the contractor's account registered on the System and not using the accounts of branches, subsidiaries, factories... In cases where the branch or dependent units' (dependent accounting) accounts are used, the contractor will be deemed to not meet the eligibility requirements as stipulated in Clause 1, Article 5 of the Bidding Law.

Article 27. Sales Permit and Sample Goods

1. Sales Permit:

a) In cases where the goods of the tender package are common, widely available on the market, standardized, and covered by the manufacturer's warranty, the E-HSMT shall not require the bidder to submit the manufacturer’s sales permit, partnership certification, or other equivalent documents;

b) In cases where the goods of the tender package are specialized, complex goods requiring the manufacturer's responsibility for post-sales services such as warranty, maintenance, repair, provision of spare parts, replacement materials, technical support services, and related services, the E-HSMT may require the bidder to provide the manufacturer’s sales permit;

If the E-HSMT specifically requires a sales permit (manufacturer’s sales permit or manufacturer’s technical support and warranty commitment...), the bidder only needs to present one of the following documents before signing the contract: the manufacturer’s sales permit, the authorized distributor’s sales permit, partnership certification, manufacturer’s technical support and warranty commitment, or other equivalent documents;

c) The absence of any of the documents specified in point b of this clause from the bidder shall not be a reason to exclude the bidder. The bidder will still be considered, evaluated, and eligible for awarding the contract. In case of winning the bid, the bidder must present one of these documents before signing the contract.

2. Sample Goods:

The E-HSMT shall not require sample goods; if it is necessary to request sample goods for technical evaluation, the investor must submit to the competent authority for examination and decision. The submission must clearly state the reasons for requesting sample goods. The investor and the tender inviter must ensure that the requirement for providing sample goods does not increase the cost of the tender package, limit the participation of bidders, or create an unfair competitive advantage for one or more bidders. If the E-HSMT requests the provision of sample goods, the bidder may submit additional samples within five working days after the tender closing date.

Article 28. Construction Activity Capacity Certificate

For construction and installation tenders, the bidder may attach a construction activity capacity certificate or not attach this certificate in the E-HSDT, even if the E-HSMT requires the bidder to have this certificate. The absence of a construction activity capacity certificate from the bidder shall not be a reason to exclude the bidder. The E-HSDT of the bidder will still be considered, evaluated, and eligible for awarding the contract. In case of winning the bid, the bidder must present the construction activity capacity certificate before the contract is awarded.

Article 29. Provisions on Commitments and Framework Agreements

If the E-HSMT requires commitments or framework agreements for equipment leasing, main material supply, warranty, maintenance, upkeep, and maintenance, but the E-HSDT does not attach these documents, the tender inviter shall request the bidder to clarify the E-HSDT and supplement the documents within a suitable period, but not less than three working days, as a basis for evaluating the E-HSDT.

Article 30. Provisions on Key Personnel and Main Equipment

1. Requirements for Key Personnel:

a) For procurement packages for goods:

- For the portion of work involving the supply of goods, E-HSMT shall not stipulate requirements for key personnel mobilization;

- For commonly available goods on the market that do not require high-level personnel to perform related services, there shall be no requirement for key personnel;

- In cases where related services have special and complex factors necessitating personnel with high qualifications, knowledge, and extensive experience, it may be stipulated to mobilize key personnel to undertake these special and complex tasks. Where key personnel mobilization is required, the justification must be clearly stated in the approval report for E-HSMT for the investor to consider and decide. The investor and tenderer must ensure that the requirement for key personnel mobilization does not limit the participation of contractors or create an unfair competitive advantage for one or some contractors.

b) For construction works packages:

Based on the scale and nature of the package and construction laws, the investor may stipulate requirements for key personnel in E-HSMT appropriately. E-HSMT shall not stipulate requirements for key personnel for positions where construction laws do not set standards for such positions or for ordinary technical workers and general laborers.

c) For non-advisory service packages:

For non-advisory service packages that do not require highly specialized personnel, there shall be no requirement for key personnel. In cases where non-advisory services have special and complex factors necessitating personnel with knowledge and extensive experience, it may be stipulated to mobilize key personnel to undertake these special and complex tasks. Where key personnel mobilization is required, the justification must be clearly stated in the approval report for E-HSMT for the investor to consider and decide. The investor and tenderer must ensure that the requirement for key personnel mobilization does not limit the participation of contractors or create an unfair competitive advantage for one or some contractors. E-HSMT shall not stipulate requirements for key personnel for technical workers and general laborers.

d) For packages mentioned in points a, b, and c of this clause which have requirements for key personnel, if the key personnel declared by the contractor in E-HSDT do not meet the requirements of E-HSMT, the tenderer shall allow the contractor to clarify, change, or supplement key personnel to meet the requirements of E-HSMT within a suitable period but not less than three working days. For each non-compliant personnel, the contractor may only replace once. If the contractor does not have replacement personnel meeting the requirements of E-HSMT, then E-HSDT will be disqualified.

2. Requirements for Main Equipment for Non-Advisory Service Packages (if applicable) and Construction Works Packages:

a) Based on the scale and nature of the package, the investor and tenderer may stipulate requirements for main equipment appropriately (quantity, type, function, capacity...);

b) If the equipment declared by the contractor in E-HSDT does not meet the requirements of E-HSMT, the tenderer shall allow the contractor to clarify, change, or supplement equipment to meet the requirements of E-HSMT within a suitable period but not less than three working days. For each non-compliant equipment, the contractor may only replace once. If the contractor does not have replacement equipment meeting the requirements of E-HSMT, the contractor will be disqualified.

3. In case of winning the bid and signing the contract, the contractor has the obligation to mobilize personnel and equipment as initially proposed or changed according to the provisions of point d of Clause 1 and point b of Clause 2 of this Article. If the contractor cannot mobilize personnel and equipment, the contractor will be subject to contractual penalties and their reputation will be assessed when participating in other packages.

4. In all cases, if the contractor declares personnel and equipment dishonestly, the contractor shall not be allowed to replace personnel and equipment according to the provisions of point d of Clause 1 and point b of Clause 2 of this Article, E-HSDT of the contractor will be disqualified, and the contractor will be considered fraudulent under Clause 4 of Article 89 of the Bidding Law and will be handled according to Clause 1 of Article 122 of Decree No. 63/2014/NĐ-CP.

Article 31. Tender Opening for Online Bid Selection

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

The tenderer must conduct the tender opening and publicly display the tender 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 electronic prequalification document opening (E-HSĐXKT) and publicly display the E-HSĐXKT 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 bidders meeting technical requirements, the tenderer shall post this list on the System and attach a scanned copy of the approval document for the list of bidders meeting technical requirements on the System. Upon successful posting, the System will send a notification to all bidders participating in the tender package;

c) After posting the list of bidders meeting technical requirements, the tenderer shall open the electronic bidding documents (E-HSĐXTC) of the bidders listed in the list of bidders meeting technical requirements and publicly display the E-HSĐXTC opening record on the System.

Article 32Evaluation of E-HSDT

1. Evaluation process for E-EHSBT:

a) Process 01 applies to all tender packages:

- Evaluate the validity of the E-HSDT;

- Evaluate capacity and experience;

- Evaluate technical aspects;

- Evaluate financial aspects.

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 criterion where all E-HSDTs have no preferences:

- Based on the tender opening record, the System automatically ranks bidders according to the lowest bid price (no need to approve the ranking list in this case);

- Evaluate the validity of the E-HSDT of the first-ranked bidder;

- Evaluate the capacity and experience of the first-ranked bidder;

- Evaluate the technical aspects of the first-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 bidders on the System and the E-HSMT evaluation criteria, the tenderer may choose either process a or b stipulated herein to evaluate the E-HSDT. Process 02 is only implemented when all conditions specified in sub-clause b of this clause are met.

2. Principles for Evaluating E-HSDT:

a) The evaluation of E-HSDT must be based on the E-HSDT evaluation criteria and other requirements in the E-HSMT, clarifying documents for the E-HSMT, and the submitted E-HSDT, along with the bidder's explanatory documents to ensure the selection of a bidder with sufficient capacity and experience and a feasible solution to implement the tender package;

b) After selecting a shortlist, if a bidder changes their qualification to participate in the tender, they must submit a document to the tenderer for review and approval. If the tenderer approves, the bidder must attach documents proving their capacity and experience in the E-HSDT according to their new qualification;

c) For automatic evaluation contents by the System, if a bidder does not declare information or declares incorrectly, incompletely, or fails to meet the requirements of the E-HSMT, the System will evaluate the bidder as "unqualified" in that content. The expert team cannot change the result from "unqualified" to "qualified" once the System has evaluated "unqualified". If the information declared by the bidder in the E-HSDT leads to incorrect evaluation results due to dishonesty, the bidder will be considered fraudulent and dealt with according to Clause 1 of Article 122 of Decree No. 63/2014/NĐ-CP;

d) For bid security, if there is inconsistency between the declared information on the web form and the attached files, the information in the attached files will serve as the basis for evaluation;

đ) For similar contracts, if there is inconsistency between the declared information about the contract on the web form and the attached proof documents, the tenderer requests the bidder to clarify the E-HSDT;

In cases where the contracts declared and attached in the E-HSDT do not meet the requirements of the E-HSMT, the tenderer requests the bidder to clarify and supplement other contracts from the bidder's capacity dossier on the System to meet the requirements of the E-HSMT within a suitable period but not less than three working days. If the bidder does not have a contract meeting the requirements of the E-HSMT, the bidder will be disqualified.

e) For the origin of goods, if there is inconsistency between the declared information on the web form and the attached files, the tenderer requests clarification of the E-HSDT;

g) For contents outside those mentioned in sub-clauses d, đ, and e of this clause, if there is inconsistency between the declared information on the web form and the attached files, the information on the web form serves as the basis for review and evaluation;

h) At the financial evaluation stage, if the bidder does not declare information in the form regarding domestic production goods preference (for procurement tenders) to serve as the basis for calculating the preference, the bidder will not enjoy the preference;

i) Bidders invited to negotiate the contract must prepare documents to verify and prove the information declared in the E-HSDT. For contents regarding validity, history of incomplete contracts due to the bidder's fault, tax obligations fulfillment, average annual revenue, net asset value which have been automatically evaluated as "qualified" by the System based on the declared information extracted from the E-HSDT, if the expert team re-evaluates them as "unqualified", the expert team will adjust the evaluation result from "qualified" to "unqualified". In such cases, the tenderer invites the next-ranked bidder to negotiate the contract without having to re-approve the ranking list. For information on tax obligations fulfillment, average annual revenue, net asset value from 2021 onwards, the tenderer only verifies if the bidder updates the information, otherwise, verification is not required if the information is automatically extracted from the National Enterprise Registration Information System and the Electronic Tax System.

3. In case there is only one bidder participating in the tender or only one bidder passes the technical evaluation stage, it is not necessary 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 the combined technical and price method), no need to determine preferences, and no need to approve the ranking list of bidders.

4. After evaluating the electronic bidding documents (E-HSDT), the head of the evaluation team shall attach a scanned copy of the E-HSDT evaluation report (signed by all members of the evaluation team) to the System. The head of the evaluation team is responsible for the consistency between the scanned E-HSDT evaluation report attached to the System and the paper-based E-HSDT evaluation report signed by the members of the evaluation team.

5. The ranking list of bidders does not need to be reviewed before approval.

Article 33. Submission, Review and Approval of Tender Results and Selection of Bidders

1. The tenderer shall prepare a submission form according to Appendix 4 issued together with this Circular and attach the E-HSDT evaluation report to submit to the project owner for approval of the tender results.

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

Article 34. Time for Preparation of Electronic Bidding Documents (E-HSDT) in Open Tendering through the Internet for Tender Packages Subject to Designated Tendering and Simple Consulting Services Tender Packages

1. For tender packages subject to designated tendering as stipulated in Clause 1, Article 22 of the Law on Public Procurement but the competent authority decides to apply open tendering through the internet, the minimum time for preparing E-HSDT is 10 days.

2. For simple consulting service tender packages applying lump-sum contracts, the minimum time for preparing E-HSDT is 10 days.

Article 35. Tendering of Medicines through the Internet

1. The tenderer shall prepare the E-HSMT including the following contents:

a) Contents of the E-HSMT implemented on webforms include: Data table, Bid form, Joint Venture Agreement (if applicable), "Bid price and Scope of Supply, Supply Schedule and Technical Requirements of Medicine" Table.

b) Remaining contents of the E-HSMT shall be prepared by the tenderer and attached to the System.

2. The preparation of the E-HSMT shall be based on the webforms mentioned in point a, Clause 1 of this Article and the provisions in Circular No. 15/2019/TT-BYT. The evaluation of E-HSDT must be based on the evaluation criteria and other requirements in the E-HSMT, based on the submitted E-HSDT, and the explanations and clarifications provided by the bidder to ensure the selection of a bidder with sufficient capacity and experience, and feasible solutions to implement the tender package.

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

4. The E-HSMT shall be issued free of charge on the System. The tenderer shall not issue paper tender documents to bidders; if the tenderer issues paper documents to bidders, such documents shall have no legal value for preparing and evaluating bid documents. Bidders participating in the tender shall pay fees as prescribed in Circular No. 06/2021/TT-BKHĐT.

5. In case of amendments to the E-HSMT, the tenderer shall log in and make direct modifications on the System after obtaining the project owner's approval on the content.

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

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

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

Chapter IV

TENDER GUARANTEE FEES,

PERFORMANCE GUARANTEES SHALL NOT BE REFUNDED

 

Article 36. Revenue from bid bonds and performance bonds that are not refundable

In cases where the contractor violates the provisions of the Law on Bidding, leading to non-refundable bid bonds and performance bonds as stipulated in Clause 8, Article 11 and Clause 5, Article 66 of the Law on Bidding, the use of revenue from non-refundable bid bonds and performance bonds shall be carried out as follows:

1. For projects and packages using state budget funds, this revenue shall be deposited into the State Budget in accordance with the provisions of the Law on State Budget.

2. For projects and packages not using state budget funds, this revenue shall be used in accordance with the financial regulations of the project owner.

3. In cases where the tenderer is a consulting unit hired, this revenue must be returned to the project owner. The project owner shall use this revenue in accordance with the corresponding provisions of Clauses 1 and 2 of this Article.

 

Chapter V

IMPLEMENTATION

 

Article 37. Implementation timeline for online bidding selection

1. In 2022:

a) Organize online bidding selection for all (100%) tender packages applying open tendering and competitive bidding in the fields of goods, non-consulting services, and consulting services with a package value not exceeding VND 10 billion and construction works with a package value not exceeding VND 20 billion, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

b) The organization of online bidding selection during the year must ensure that the total number of packages reaches at least 80% of the total number of packages and at least 70% of the total value of packages applying open tendering and competitive bidding, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

c) Organize online bidding selection for all (100%) tender packages applying open tendering and competitive bidding using state funds for regular maintenance of state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, units under the People's Armed Forces, public service units, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures.

2. In 2023:

a) Organize online bidding selection for all (100%) tender packages applying open tendering, limited tendering, and competitive bidding in the fields of goods (including medicines), construction works, non-consulting services, and consulting services with a package value not exceeding VND 200 billion, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

b) The organization of online bidding selection during the year must ensure that the total number of packages reaches at least 90% of the total number of packages and at least 80% of the total value of packages applying open tendering, limited tendering, and competitive bidding, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

c) Organize online bidding selection for all (100%) tender packages applying open tendering and competitive bidding using state funds for regular maintenance of state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, units under the People's Armed Forces, public service units, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures.

3. From 2024 onwards:

a) Organize online bidding selection for all (100%) tender packages applying open tendering, limited tendering, and competitive bidding in the fields of goods (including medicines), construction works, non-consulting services, and consulting services with a package value not exceeding VND 500 billion, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

b) The organization of online bidding selection during the year must ensure that the total number of packages reaches at least 95% of the total number of packages and at least 90% of the total value of packages applying open tendering, limited tendering, and competitive bidding, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures;

c) Organize online bidding selection for all (100%) tender packages applying open tendering and competitive bidding using state funds for regular maintenance of state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, units under the People's Armed Forces, public service units, except for hybrid packages and packages applying two-stage one-envelope and two-stage two-envelope procedures.

Article 38. Transitional Provisions

1. For tender packages approved to apply online bidding selection and establish E-HSMT in accordance with Circular No. 04/2017/TT-BKHĐT and Circular No. 05/2020/TT-BKHĐT:

a) In cases where the tender packages have uploaded E-HSMT onto the System before this Circular takes effect, the selection of contractors shall be carried out according to the E-HSMT already uploaded and relevant legal provisions. In this case, the opening of bids and the uploading of information during the selection process on the System at the address http://muasamcong.mpi.gov.vn shall be conducted using specialized digital certificates issued by the Center;

b) In cases where the tender packages have not established E-HSMT or have established and approved E-HSMT but have not uploaded E-HSMT onto the System, they must modify and re-approve E-HSMT in accordance with this Circular.

2. For tender packages approved not to apply online bidding selection:

a) In cases where the tender packages have uploaded tender documents onto the System before this Circular takes effect, the selection of contractors shall be carried out according to the tender documents already issued and relevant legal provisions;

b) In cases where the tender packages have not established tender documents or have established and approved tender documents before this Circular takes effect but have not uploaded tender documents onto the System, they must modify and re-approve tender documents in accordance with Clause 8, Article 39 of this Circular.

3. For shortlist selection:

a) For tender packages that have issued prequalification documents or preliminary tender documents before January 1, 2023, the selection of the shortlist shall be carried out according to the documents already issued and relevant legal provisions;

b) As of January 1, 2023, for tender packages that have been approved not to apply online shortlist selection and have not issued prequalification documents or preliminary tender documents, online shortlist selection must be organized in accordance with this Circular. In this case, the authorized person does not need to adjust the procurement plan.

4. Tendering for medicines:

a) For tender packages that have issued tender documents before January 1, 2023, the selection of contractors shall be carried out according to the tender documents already issued and relevant legal provisions;

b) As of January 1, 2023, for approved tenders that have not applied online bidding and have not issued tender documents, they must organize online bidding according to the provisions of this Circular. In this case, the authorized person does not need to adjust the tender selection plan.

5. As of the date this Circular takes effect, for approved tenders that have not applied online bidding and have not issued tender documents, online bidding shall be organized according to the schedule for online bidding as stipulated in Article 37 of this Circular.

In all cases, when changing the tender selection method from non-online to online, the project owner does not need to submit to the authorized person for approval to adjust the tender selection plan but can directly modify the tender selection method on the System from non-online to online. The modification process shall be carried out in accordance with Guidelines for Use.

Article 39. Effective date

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

2. As of the date this Circular takes effect, the following Circulars cease to be effective:

a) Circular No. 01/2015/TT-BKHĐT dated February 14, 2015, issued by the Minister of Planning and Investment detailing the preparation of prequalification documents, tender documents, and service consultancy request documents;

b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015, issued by the Minister of Planning and Investment detailing the preparation of construction tender documents;

c) Circular No. 05/2015/TT-BKHĐT dated June 16, 2015, issued by the Minister of Planning and Investment detailing the preparation of goods procurement tender documents;

d) Circular No. 14/2016/TT-BKHĐT dated September 29, 2016, issued by the Minister of Planning and Investment detailing the preparation of non-consultancy service tender documents;

đ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017, issued by the Minister of Planning and Investment detailing the online tender selection through the National Public Procurement System;

e) Circular No. 05/2018/TT-BKHĐT dated December 10, 2018, issued by the Minister of Planning and Investment detailing the preparation of bid evaluation reports for tenders conducted through the National Public Procurement System;

g) Circular No. 11/2019/TT-BKHĐT dated December 16, 2019, issued by the Minister of Planning and Investment detailing the provision and publication of tender information, the implementation schedule for online tender selection, and the management and use of bid security and performance guarantee not subject to refund;

h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020, issued by the Minister of Planning and Investment amending and supplementing certain articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017, issued by the Minister of Planning and Investment detailing the online tender selection through the National Public Procurement System.

2. For tenders applying shortlist selection, drug procurement tenders, preliminary qualification, interest solicitation online, and drug procurement online as prescribed in this Circular shall be implemented as of January 1, 2023.

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

4. In cases where special tenders would not have any bidders meeting the requirements regarding average annual turnover and similar contracts if the Model E-Tender Documents issued together with this Circular were applied, the project owner and tenderer may amend these requirements according to the following principles:

a) Amendments to the requirements regarding average annual turnover and similar contracts other than those specified in the Model E-Tender Documents must ensure reasonable division of the tender package, with the scale of the tender package not being too large to limit competition;

b) When submitting for approval of the E-Tender Documents, the tenderer must clearly state the amendments to the E-Tender Documents in the submission for the project owner's consideration;

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

5. For drug procurement tenders, in cases of technical issues related to online tender selection, the Ministry of Planning and Investment is responsible for guidance; the Ministry of Health is responsible for guiding the resolution of issues related to the implementation of Circular No. 15/2019/TT-BYT.

6. Financial statement data of bidders will be shared from the National Enterprise Registration Information System and the Electronic Tax System.

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

8. As of the date this Circular takes effect, when preparing tender documents for non-online tender selection, the project owner and tenderer shall apply the Model E-Tender Documents issued together with this Circular based on ensuring compliance with the Bidding Law and Decree No. 63/2014/NĐ-CP.

9. Annually, the Ministry of Planning and Investment will guide the provision and publication of tender information on the System and the Bidding Newspaper in accordance with the holiday schedule announced by the Ministry of Labor, Invalids, and Social Affairs.

10. Based on actual circumstances, the Department of Bidding Management, Ministry of Planning and Investment may amend the forms in web form format on the System to facilitate participation in online tender selection activities, reduce administrative procedures, enhance competition, fairness, transparency, and economic efficiency in bidding, while ensuring the effectiveness of state management of bidding.

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