Circular No. 11/2019/TT-BKHĐT detailing the provision and publication of tender information, the implementation timeline for online contractor selection, and the management and use of non-refundable bid security and contract performance guarantee values.

CIRCULAR

||| Regulations on providing and publishing tender information, the implementation schedule for online contractor selection, and management and utilization of bid security and performance guarantee that are not refundable.

 

                                                                                                                         

||| Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;||| Pursuant to the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005;

||| 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 certain provisions of the Law on Procurement regarding the selection of contractors;

BASED ON THE GOVERNMENT DECREE NO. 130/2018/NĐ-CP dated September 27, 2018, detailing the implementation of the Law on Electronic Transactions regarding electronic signatures and certification services for electronic signatures;

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

||| The Minister of Planning and Investment issues this Circular detailing regulations on providing and publishing tender information on the National Tendering System (hereinafter referred to as the System), the Vietnam Procurement Magazine, the implementation schedule for online contractor selection, and management and utilization of bid security and performance guarantee that are not refundable.

Article 1. Scope

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

||| and management and utilization of bid security and performance guarantee that are not refundable. ||| 1. This Circular stipulates the provision and publication of tender information on the National Tendering System (hereinafter referred to as the System) and the Vietnam Procurement Magazine in accordance with the Law on Bidding; the implementation schedule for online contractor selection; and management and utilization of bid security and performance guarantee in cases where they are not refunded to contractors. ||| 2. Information on tenders for projects funded by official development assistance (ODA) or concessional loans arising from international treaties or agreements between Vietnam and donors shall be encouraged to be published under the "other funds" section on the System and the Vietnam Procurement Magazine.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

||| 3. For projects or tenders containing contents listed in the State secrets directory as prescribed by laws on protecting state secrets, such information shall not be provided or published in accordance with this Circular. Management of such information shall comply with the laws on protecting state secrets.

||| Applicability

||| 1. Organizations and individuals related to the provision and publication of tender information, the implementation of online contractor selection, and management and utilization of bid security and performance guarantee that are not refunded to contractors within the scope regulated by Article 1 of this Circular.

Article 2. ||| 2. Organizations and individuals engaged in tender activities outside the scope regulated by the Law on Bidding may choose to apply the provision and publication of tender information and online contractor selection on the National Tendering System. In such cases, tender information shall be published under the "other funds" section on the System.

||| Article 3. Definitions

||| As defined in Clause 26, Article 4 of the Law on Bidding available at http://muasamcong.mpi.gov.vn.

||| (hereinafter referred to as the Center) under the Department of Tender Management, Ministry of Planning and Investment is the Organization operating the System as prescribed in Article 85 of the Law on Bidding, providing digital signature certification services used on the System, and providing a user support hotline to answer and guide users during their registration process, provision and publication of tender information, and online contractor selection.

1. The National E-Government Procurement System ||| successfully sent, received, and stored on the System include:

2. National Public Procurement Network Center ||| b) Contractor selection plans, investor selection plans;

3. Electronic document ||| c) Information on PPP projects, project lists using land;

a) Project information;

||| d) Notices of interest, notices of prequalification, notices of tender, notices of quotation invitation;

||| đ) Shortlists;

||| e) Interest request documents, prequalification request documents, tender request documents, requirement documents, quotation requests;

||| g) Interest documents, prequalification submission documents, tender submission documents, proposal submission documents, quotations;

||| h) Bid opening minutes, technical proposal opening minutes, financial proposal opening minutes (for online contractor selection);

||| i) Bid evaluation reports, proposal evaluation reports, quotation evaluation reports (for online contractor selection);

||| k) Contractor selection results, investor selection results;

||| l) Information during online contractor selection, including: clarifications of tender request documents, requirement documents, tender submission documents, proposal submission documents, and other electronic documents exchanged between the tenderer and the contractor on the System.

||| used on the System are digital certificates issued by the Center.

||| Transaction history

4. Digital certificate ||| is a record of transaction data sent and received on the System.

5. ||| is an electronic document published on the System to guide users in conducting transactions on the System. ||| is information self-published on the System by the subjects specified in Article 2 of this Circular that does not comply with relevant laws on bidding.

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

7. 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 the information uploaded onto the System by the entity specified in Article 2 of this Circular that does not comply with relevant laws on bidding.

Article 4. Sending and receiving electronic documents on System"

1. The electronic documents prescribed in Clause 3, Article 3 of this Circular are recognized as having legal value, serving as a basis for comparison, verification of information to support evaluation, examination, and supervision activities as stipulated in Clause 5, Article 85 of Decree No. 63/2014/NĐ-CP. In cases where the electronic document is created in electronic form on the System without being derived from a paper document, such electronic document shall be considered as the original document.

2. The time of sending and receiving electronic documents is determined based on the actual time recorded on the System. An electronic document that has been successfully sent will be stored on the System and cannot be modified by any organization or individual, except as provided for in Article 15 of this Circular.

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. Bidders, contractors, investors who have successfully registered on the System have the right to access their transaction history, including information about the time, sender, recipient, status of sending electronic documents (successful or unsuccessful) and other information on the System. Information about transaction history is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the System.

5. Organizations and individuals conducting evaluations, examinations, and supervision shall not request the provision of paper documents when these organizations and individuals can search and retrieve corresponding electronic documents on the System, except in cases where it is necessary to check and confirm the original document (such as letters of guarantee, similar contracts, financial reports, sales permits, or other equivalent documents, necessary documents).

Article 5. Conditions for Information and Communication Technology Infrastructure

To participate and conduct transactions on the System, bidders, contractors, investors must meet the requirements for information and communication technology infrastructure as stipulated in Clause 1, Article 79 and Clause 1, Article 80 of the Bidding Law and detailed guidance at the User Guide.

Article 6. Registration to Participate System" and the registration application processing procedure

1. For Inviting Bidders

a) Registration process:

The registration process for inviting bidders is detailed in Guidelines for Use.

b) Registration documents include:

- A bidding invitation registration form (generated by the System during the bidder's provision of information as prescribed in Point a of this Clause);

- A copy of the Decision on Establishment or Business Registration Certificate or equivalent documents (if available).

c) Submission of registration documents:

The inviting bidder sends the registration documents via postal service or directly to the Center or submits them through the System. In cases where registration documents are submitted through the System, the inviting bidder follows Guidelines for Use.

d) Processing of registration documents

Within a maximum period of two working days from the date of receipt of the registration documents, the Center is responsible for reviewing the documents and notifying the inviting bidder of the result of the document processing. If the documents are valid, the inviting bidder will be approved for registration on the System. If the documents are invalid, the Center is responsible for informing the reasons and guiding the inviting bidder to supplement and amend the documents appropriately. Notification of the result of document processing to the inviting bidder is carried out on the System, email, mobile device applications, or other information channels and is detailed in Guidelines for Use.

đ) Modification of information already registered on the System is carried out according to Guidelines for Use. In cases where the inviting bidder cannot perform the modification of information already registered on the System themselves, they submit a request for modification of information and related documents to the Center. Within a maximum period of two working days from the date of receipt of the requesting document from the inviting bidder, the Center is responsible for examining and processing the bidder's request.

2. For Contractors and Investors:

a) Registration process:

The registration process for contractors and investors is detailed in Guidelines for Use.

b) Registration documents include:

- A contractor and investor registration form (generated by the System during the provision of information by the contractor and investor as prescribed in Point a of this Clause);

- A copy of the Decision on Establishment or Business Registration Certificate or Business Registration Certificate for individual traders or equivalent documents;

- A copy of the Identity Card or Citizen Identification Card or Passport of the legal representative of the contractor and investor (the legal representative or authorized person). In cases of authorization, there must be a power of attorney from the legal representative of the contractor and investor.

In cases where the contractor and investor have already registered and have information on the National Enterprise Registration Portal at the address http://dangkykinhdoanh.gov.vn then they are not required to submit the above documents, except for the contractor and investor registration form.

c) Submission of registration documents:

Contractors and investors may send registration documents via postal service or directly to the Center or submit them through the System. In cases where registration documents are submitted through the System, the contractor and investor follow Guidelines for Use.

d) Processing of registration documents:

Within a maximum period of two working days from the date of receipt of the registration documents, the Center is responsible for reviewing the documents and notifying the contractor and investor of the result of the document processing. If the documents are valid, the contractor and investor will be approved for registration on the System. If the documents are invalid, the Center is responsible for informing the reasons and guiding the contractor and investor to supplement and amend the documents appropriately. Notification of the result of document processing to the contractor and investor is carried out on the System, email, mobile device applications, or other information channels and is detailed in Guidelines for Use.

đ) Modification of information already registered on the System is carried out according to Guidelines for Use. In cases where the contractor and investor cannot perform the modification of information already registered on the System themselves, they submit a request for modification of information and related documents to the Center. Within a maximum period of two working days from the date of receipt of the requesting document from the contractor and investor, the Center is responsible for examining and processing the contractor and investor's request.

e) Termination or Suspension of Participation in the System

In case it is necessary to terminate or temporarily suspend participation in the System, the contractor or investor shall submit a written request to the Center. Within a maximum period of two working days from the date of receipt of the contractor's or investor's request, the Center shall be responsible for processing such request and announcing on the System about the termination or temporary suspension of the contractor's or investor's participation in the System. From the moment the System displays this announcement, the contractor or investor shall not ensure their legitimate status as prescribed in Point d Clause 1 Article 5 of the Bidding Law and shall not be able to conduct any transactions related to the System.

g) Restoration of participation in the System

In case it is necessary to restore participation in the System after termination or temporary suspension of participation in the System as prescribed in Point e Clause of this Article, the contractor or investor shall submit a written request to the Center. Within a maximum period of two working days from the date of receipt of the contractor's or investor's request, the Center shall be responsible for examining and processing such request. The contractor or investor may only restore their participation in the System after fully paying the costs as prescribed in Clause 3 Article 24 of this Circular.

Article 7. Digital Certificate

1. A digital certificate shall be issued to the tender inviter, contractor, or investor after completing the registration to participate in the System as prescribed in Article 6 of this Circular.

2. Revocation of digital certificate:

The tender inviter, contractor, or investor may revoke their own digital certificate according to Guidelines for Use. In cases where self-revocation is not possible, the tender inviter, contractor, or investor shall send a letter to the Center requesting the revocation of the digital certificate.

3. Change of device storing the digital certificate:

The tender inviter, contractor, or investor may copy the digital certificate and store it on a hard drive, USB, smart card, or other information storage devices.

4. Change of digital certificate password:

The tender inviter, contractor, or investor shall carry out the change of the digital certificate password according to Guidelines for Use.

5. Registration for additional digital certificates:

a) The tender inviter, contractor, or investor who has registered to participate in the System as prescribed in Article 6 of this Circular may register for additional digital certificates to participate in the System;

b) The registration for additional digital certificates as prescribed in Point a Clause of this Article does not apply to the case prescribed in Point e Clause 2 Article 6 of this Circular.

6. The tender inviter, contractor, or investor shall be responsible for managing and keeping their digital certificates and shall bear all consequences arising from the loss, damage, password change, forgetting the password, copying, and storing the issued digital certificates.

7. The revocation of digital certificates, change of device storing the digital certificate, change of digital certificate password, and registration for additional digital certificates as prescribed in Clauses 2, 3, 4, and 5 of this Article shall be carried out according to Guidelines for Use.

 

Chapter II

UPLOADING AND PROVIDING INFORMATION ON BIDDING

Section 1

INFORMATION AND PROCEDURES FOR UPLOADING ON THE SYSTEM

 

Article 8. Information on the capacity and experience of contractors and investors

1. Information on the capacity and experience of contractors and investors provided on the System as prescribed in Point đ Clause 1 Article 7 of Decree No. 63/2014/ND-CP and Point e Clause 1 Article 4 of Decree No. 30/2015/ND-CP includes:

a) General information about the contractor or investor;

b) Annual financial report data;

c) Information on contracts already performed;

d) Information on key personnel under the management of the contractor or investor;

đ) Information on machinery and equipment owned by the contractor or investor.

2. The contractor or investor shall proactively update their information on capacity and experience when there are changes and shall be legally responsible for the accuracy of the information declared on the System. In case of needing to amend the declared information, the contractor or investor shall independently perform the amendment of the information on the System through their digital certificate. The System will retain all information before and after the contractor or investor makes the amendment.

3. If the contractor or investor declares false information with the aim of obtaining financial benefits or other advantages or to evade any obligation, they shall be considered as fraudulent according to Clause 4 Article 89 of the Bidding Law.

Article 9. Information on projects, tender selection plans, and investors

1. Time of posting:

Information on tender selection plans and investors shall be posted on the System within seven working days from the date these documents are approved. Basic information about the project shall be posted simultaneously with the tender selection plan.

2. Attached Documents:

The tender inviter must attach the Decision approving the tender selection plan and investor during the process of posting the tender selection plan and investor. In case the budget estimate for the tender package is approved after posting the tender selection plan, the tender inviter must update the budget estimate and attach the Decision approving the budget estimate on the System as follows:

a) During the process of posting the tender invitation announcement on the System, if the budget estimate for the tender package is approved before posting the tender invitation announcement;

b) During the process of posting the tender selection results on the System, if the budget estimate for the tender package is approved after posting the tender invitation announcement.

Article 10. Invitation to Express Interest, Invitation to Pre-Qualify

1. Time of posting:

The tender inviter shall post the Invitation to Express Interest and Invitation to Pre-Qualify on the System according to the progress of organizing the tender selection and investor selection, and in accordance with the time frame for organizing the tender selection and investor selection as approved in the tender selection plan and investor selection plan.

2. For tender selection, during the process of posting the Invitation to Pre-Qualify and Invitation to Express Interest, the tender inviter must attach the following documents:

a) The Decision approving the Invitation to Express Interest and Invitation to Pre-Qualify documents;

b) The Invitation to Express Interest and Invitation to Pre-Qualify documents that have been approved.

Article 11. Issuance, Amendment, Clarification of Invitation to Express Interest and Invitation to Pre-Qualify Documents

1. Issuance of Invitation to Express Interest and Invitation to Pre-Qualify Documents:

The Invitation to Express Interest and Invitation to Pre-Qualify Documents shall be issued free of charge on the System immediately after successfully posting the Invitation to Express Interest and Invitation to Pre-Qualify announcements.

2. Amendment of Invitation to Express Interest and Invitation to Pre-Qualify Documents:

In case of amending the Invitation to Express Interest and Invitation to Pre-Qualify Documents after issuance, the tender inviter must post the following documents on the System in one of the two ways below:

a) The Decision to amend accompanied by the amended contents of the Invitation to Express Interest and Invitation to Pre-Qualify Documents;

b) The Decision to amend and the Invitation to Express Interest and Invitation to Pre-Qualify Documents that have been amended, wherein the amended contents must be clearly indicated in the Invitation to Express Interest and Invitation to Pre-Qualify Documents.

3. Clarification of Invitation to Express Interest and Invitation to Pre-Qualify Documents:

a) In case clarification of the Invitation to Express Interest and Invitation to Pre-Qualify Documents is required, the bidder must submit a request for clarification in writing or through the System at least three working days prior to the bid closing date;

b) The tender inviter must accept the clarification content for review and clarification according to the bidder's request, and post the clarification document of the Invitation to Express Interest and Invitation to Pre-Qualify Documents on the System at least two working days prior to the bid closing date;

c) The clarification content of the Invitation to Express Interest and Invitation to Pre-Qualify Documents must not contradict the content of the approved Invitation to Express Interest and Invitation to Pre-Qualify Documents. In case accepting the clarification request leads to the need to amend the Invitation to Express Interest and Invitation to Pre-Qualify Documents, such amendment shall be carried out in accordance with the provisions of Clause 2 of this Article based on compliance with the time limit stipulated in Point m of Clause 1 of Article 12 of the Bidding Law.

Article 12. 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 13. Tender Notice, Invitation to Bid

1. Time of posting:

The tenderer shall post the tender notice and invitation to bid on the System in accordance with the progress of selecting contractors and investors and consistent with the time for selecting contractors and investors as approved in the procurement plan.

2. In the case of contractor selection, during the process of posting the tender notice and invitation to bid, the tenderer must attach the following documents:

a) Decision approving the tender documents, request for proposal, quotation request;

b) Approved tender documents, request for proposal, quotation request.

Article 14. Issuance, Amendment, Clarification of Tender Documents, Request for Proposal

1. Issuance of tender documents, request for proposal:

a) Tender documents, request for proposal shall be issued on the System immediately after successfully posting the tender notice and invitation to bid;

b) For non-electronic bidding, if tender documents, request for proposal are sold according to Clause 1, Article 9 of Decree No. 63/2014/ND-CP, the bidder must pay the tenderer an amount equal to the price of the tender documents, request for proposal before the tender submission, proposal submission is accepted. If the tender documents, request for proposal are issued free of charge, the bidder does not have to pay this amount.

2. Amendment of tender documents, request for proposal:

In the event of amending tender documents, request for proposal after issuance, the tenderer must post the following documents on the System in one of the two ways below:

a) Decision to amend tender documents, request for proposal along with the contents amended in the tender documents, request for proposal;

b) Decision to amend and the tender documents, request for proposal that have been amended, the amendment contents must be clearly reflected in the tender documents, request for proposal.

3. Clarification of tender documents, request for proposal:

a) In the case where clarification of tender documents, request for proposal is required, the bidder must submit a written request for clarification to the tenderer or through the System at least three working days (for domestic bidding) or five working days (for international bidding) prior to the closing date for bids to be considered and addressed;

b) The tenderer shall accept the clarification content for review and clarification according to the bidder's request and post the clarification document of the tender documents, request for proposal on the System at least two working days prior to the closing date for bids;

c) The clarification content of the tender documents, request for proposal must not contradict the approved contents of the tender documents, request for proposal. In the event that accepting the clarification request for tender documents, request for proposal leads to the need to amend the tender documents, request for proposal, such amendment shall be carried out in accordance with the provisions of Clause 2 of this Article based on compliance with the time limit stipulated in Point m, Clause 1, Article 12 of the Bidding Law and Point c, Clause 2, Article 64 of Decree No. 63/2014/ND-CP; for electronic bidding, the amendment must be completed at least three working days before the closing date for bids.

In cases deemed necessary, the tenderer may organize a pre-bid conference to discuss contents in the tender documents that the bidders are unclear about. The tenderer shall post the invitation to attend the pre-bid conference on the System. The discussion content between the tenderer and the bidder must be recorded in minutes by the tenderer and posted on the System.

Article 15. Cancellation, Extension, and Amendment of Published Information

1. The cancellation, extension, and amendment of published information by the tender inviter shall be carried out in accordance with Guidelines for Use.

2. In cases where the tender inviter cannot carry out the cancellation, extension, or amendment of published information themselves, they must submit a written request to the Center. Within a maximum period of two working days from the date of receipt of the tender inviter's request, the Center shall be responsible for reviewing and processing the tender inviter's request.

Article 16. Tender Opening for Online Bidding

The tender inviter must conduct the tender opening and publicly post the tender opening minutes on the System within a maximum period of two hours from the closing time. If there are no bidders submitting bids at the closing time, the tender inviter may extend the closing time or reorganize the bidding process. The extension of the closing time shall be carried out in accordance with Guidelines for Use.

Article 17. Results of Bid Selection, Investor Selection

1. Time of posting:

The tender inviter must publish the results of bid selection and investor selection on the System within seven working days from the date of approval of the bid selection and investor selection results.

2. Attached documents include:

a) Decision approving the results of bid selection and investor selection;

b) Report evaluating the bidding documents and proposal documents for online bidding;

3. For procurement packages involving goods, detailed information about the items included in the package must be made public.

Article 18. List projects using land and information on PPP projects, socialized projects

1. The list of projects using land and information on PPP investment projects must be published on the System within seven working days from the date of issuance of these documents.

2. For socialized projects that apply the Law on Bidding, project information must be published on the System within seven working days from the date of project approval.

Article 19. Procedure for Publishing on the System

1. The procedures for publishing information under Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of this Circular shall be implemented in accordance with Guidelines for Use.

2. After publishing information under Articles 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Circular, the System will provide feedback to the sender via email, mobile application, or other communication channels regarding whether the submission was successful or not.

 

Section 2

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PROVIDING AND PUBLISHING INFORMATION

UPLOADING INFORMATION

 

Article 20. Responsibilities of the Tender Inviter

1. Comply with the provisions of Article 79 of the Law on Bidding when participating in the System.

2. Organize bid selection through the network in accordance with the schedule stipulated in Clause 1, Article 29 of this Circular.

3. Provide and publish bidding information on the System, bearing responsibility according to Point i, Clause 2, Article 75, Article 79 of the Law on Bidding, Article 7 of Decree No. 63/2014/ND-CP, and Article 4 of Decree No. 30/2015/ND-CP.

4. Provide information about foreign contractors and investors winning bids in Vietnam according to Model No. 2 of Appendix I issued together with this Circular. The information must be submitted to the Department of Bidding Management, Ministry of Planning and Investment within seven working days from the date of approval of the bid selection and investor selection results as stipulated in Point c, Clause 1, Article 128 of Decree No. 63/2014/ND-CP.

5. For international bidding packages, the tender inviter must publish the information specified in Articles 10 and 13 of this Circular in both Vietnamese and English. In addition to posting on the System and the Bidding Newspaper, it is encouraged to publish international interest notices, international prequalification notices, and international tender notices on widely distributed English-language websites or newspapers in Vietnam.

6. The tender inviter shall be responsible for the authenticity of the documents published on the System compared to the approved documents. In case of discrepancies between the documents published on the System and the approved documents, the published documents on the System shall serve as the legal basis for implementation.

7. Pay the costs for publishing bidding information on the System and the Bidding Newspaper in accordance with Clause 1, Article 24 of this Circular.

8. Monitor and update the information already published on the System and the information provided by the System.

9. In case the tender inviter fails to publish bidding information as required, they shall be subject to handling according to Point d, Clause 3, Article 20 and Article 21 of Government Decree No. 50/2016/ND-CP dated June 1, 2016, which stipulates administrative penalties for violations in the planning and investment sector.

Article 21. Responsibilities of Contractors and Investors

1. Contractors and investors must register to participate in the System and be approved in accordance with Clause 2, Article 6 of this Circular before being considered for award to ensure their eligibility as prescribed in Point d, Clause 1, Article 5 of the Bidding Law. In case during the evaluation of bidding documents, the tenderer discovers that the contractor or investor has not registered to participate in the System, the tenderer must request the contractor or investor to complete the registration in accordance with Clause 2, Article 6 of this Circular.

2. Provide and publish bidding information on the System, ensuring compliance with the provisions of Article 80 of the Bidding Law, Article 7 of Decree No. 63/2014/ND-CP, and Article 4 of Decree No. 30/2015/ND-CP.

3. Pay selection costs through the network in accordance with Clause 2, Article 24 of this Circular. For bidding packages organized through the network, if contractors or investors have been listed on the System but have not paid the costs as stipulated in Clause 2, Article 24 of this Circular, the Center shall send an email requesting payment. After fifteen days from the date of receiving the email from the Center, if the contractor or investor still does not make payment, the System will display a notice about the temporary suspension of participation in the System by the contractor or investor. In this case, the contractor or investor is deemed to not meet the eligibility requirements as prescribed in Point d, Clause 1, Article 5 of the Bidding Law, Section 5, Chapter I of the bidding invitation documents issued together with Circular No. 04/2017/TT-BKHĐT, and the contractor or investor cannot conduct related transactions on the System.

Article 22. Responsibilities of the Center and the Bidding Newspaper

1. The Center has the responsibility:

a) Fulfill the responsibilities prescribed in Article 85 of the Bidding Law;

b) Construct, operate, and maintain the System, ensuring continuous, secure, confidential, and stable operation of the System;

c) Develop documentation Guidelines for Use, support tenderers, contractors, and investors in registering, obtaining digital certificates to participate in the System, and selecting contractors through the network. Provide promotional, training, and guidance services to tenderers, contractors, and investors to provide and publish bidding information on the System and implement related services concerning bidding information and contractor selection through the network.

2. The Bidding Newspaper shall have the responsibility:

a) Review and identify invalid information as prescribed in Clause 7, Article 3 of this Circular and notify the tenderer within a maximum of one working day from the date the tenderer self-publishes the information on the System. The notification shall be made on the System, via email, mobile application, or other communication channels regarding the content of invalid information so that the tenderer can correct and re-publish it on the System.

b) Extract information as prescribed in Articles 10, 12, 13, and 15 of this Circular and publish it once in the Bidding Newspaper within two working days from the date the tenderer self-publishes the information on the System in accordance with Clause 3, Article 8 of Decree No. 63/2014/ND-CP and Clause 3, Article 5 of Decree No. 30/2015/ND-CP.

3. In cases where errors occur in publishing bidding information such as delayed publication, incorrect content, or intentional non-publication causing damage to the tenderer, contractor, or investor, the Bidding Newspaper must publish a public correction notice in accordance with the laws on press. Additionally, depending on the severity of the error, relevant organizations or individuals affiliated with the Bidding Newspaper may also be subject to disciplinary action according to the laws on civil servants, public officials, employees, and other relevant laws.

 

Chapter III

SOURCES OF REVENUE, MANAGEMENT, AND USE OF COSTS FOR PUBLISHING BIDDING INFORMATION AND SELECTION COSTS THROUGH THE NETWORK

 

Section 1

PRINCIPLES OF INCOME AND EXPENSES AND SOURCES OF REVENUE

 

Article 23. Principles of Revenue and Expenditure

1. The Center and the Bidding Newspaper shall be responsible for collecting, managing, and using costs for publishing bidding information and selecting contractors through the network in accordance with this Circular to ensure the operation of the System and the Bidding Newspaper in compliance with regulations.

2. Revenue from publishing bidding information and selecting contractors through the network must be sufficient to cover reasonable costs for performing the following tasks:

a) Publishing bidding information on the System and the Bidding Newspaper;

b) Selecting contractors through the network.

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

Article 24. Types of Costs and Rates of Collection

1. Costs for publishing bidding information:

a) Costs for publishing notices of interest invitation and prequalification notices are VND 330,000 per tender package per language (inclusive of value-added tax);

b) Costs for publishing tender invitation notices are VND 165,000 per tender package per language (inclusive of value-added tax);

c) Costs for publishing tender notices are VND 330,000 per tender package per language (inclusive of value-added tax);

d) Costs for publishing shortlists are VND 165,000 per tender package per language (inclusive of value-added tax).

2. For costs related to contractor selection through the network:

a) Registration fees for joining the System are VND 550,000 (inclusive of value-added tax), which includes maintenance fees for the name and capability dossier of the contractor or investor on the System until the end of the registration year;

b) Annual maintenance fees for the name and capability dossier of the contractor or investor on the System are VND 550,000 per year (inclusive of value-added tax);

c) Submission fees for tender documents are VND 330,000 per tender package (inclusive of value-added tax);

d) Submission fees for proposal documents are VND 220,000 per tender package (inclusive of value-added tax).

3. In cases where participation in the System needs to be restored according to Point g Clause 2 Article 6 of this Circular, contractors or investors must settle all outstanding debts (if any) as stipulated in Clause 2 of this Article, from the date when the debt began to accrue until the date of the written request to terminate or suspend participation in the System.

Article 25. Organization of Collection and Payment of Costs

1. For costs related to publishing bidding information:

a) The Bidding Newspaper shall be responsible for collecting costs for publishing bidding information as specified in Clause 1 Article 24 of this Circular. The revenue account for these costs is a Vietnamese dong account opened by the Bidding Newspaper at a commercial bank. A portion of the collected revenue for publishing bidding information will be transferred by the Bidding Newspaper to the Center based on a decision by the Minister of Planning and Investment to offset the costs of upgrading and operating the System to ensure its continuous and stable operation for the publication of bidding information on the System, while the remaining amount will be used to fulfill the function of publishing bidding information on the Bidding Newspaper.

b) The tenderer shall pay the costs for publishing bidding information as specified in Clause 1 Article 24 of this Circular within a maximum of two working days from the date of self-publishing the information on the System.

2. For costs related to contractor selection through the network:

a) The Center shall be responsible for collecting costs for contractor selection through the network as specified in Clause 2 Article 24 of this Circular. The revenue account for these costs is a Vietnamese dong account opened by the Center at a commercial bank.

b) Contractors shall pay the costs for contractor selection through the network as specified in Clause 2 of Article 24 of this Circular as follows:

- For registration fees for joining the System, payment shall be made immediately upon registration on the System;

- For annual maintenance fees for the name and capability dossier of the contractor or investor on the System, the payment deadline is the first quarter of each year except for the year of registration on the System;

- For submission fees for tender documents and proposal documents, the payment deadline is a maximum of two working days from the date of opening the tender.

 

Section 2

MANAGEMENT AND USE OF FUNDS FROM PUBLISHING BIDDING INFORMATION AND IMPLEMENTATION OF CONTRACTOR SELECTION THROUGH THE NETWORK

 

Article 26. Contents of Expenditure for Publishing Tender Information and Implementing Contractor Selection via the Internet

1. Expenditure to fulfill obligations with the State Budget.

2. Expenditure for publishing tender information on the Vietnam Construction Market News including:

a) Printing costs for the newspaper.

b) Transportation and distribution costs for the newspaper nationwide.

c) Costs for individuals directly participating in the publication of tender information, including wages, allowances, and other legitimate expenses for workers as prescribed by law.

d) Office supplies, office materials, communication, electricity, water, information technology applications, and outsourced services supporting the publication of tender information.

đ) Costs for purchasing, maintaining, and regular repairs, major repairs, warranty, maintenance, and upgrading systems, machinery, and equipment serving the publication of tender information.

e) Costs for organizing and managing the publication and distribution of tender information.

g) Other direct costs serving the publication of tender information.

3. Expenditure for publishing tender information on the System.

4. Expenditure for implementing contractor selection via the internet including:

a) Costs for managing, operating, and developing the System.

b) Costs for guiding and supporting users of the System.

c) Costs for communication and international cooperation on online tendering.

d) Costs related to the work of receiving and processing application files for the System, and applying information technology in database management.

đ) Other direct costs serving the publication of tender information and contractor selection via the internet.

5. The distribution of financial results shall be implemented according to the self-management mechanism as prescribed by law.

Article 27. Organization of Establishing and Approving Revenue and Expenditure Plans

1. Establishment and Approval of Plans:

a) Annually, the Center and the Vietnam Construction Market News establish revenue plans and expenditure plans related to the publication of tender information and the implementation of contractor selection via the internet according to the contents in Appendix II attached to this Circular, which are consolidated into the budget of the Tender Management Department for submission to the Ministry of Planning and Investment for approval.

b) The establishment of expenditure plans related to the publication of tender information and the implementation of contractor selection via the internet must comply with current financial standards, norms, and regulations.

2. Adjustment of Plans:

During the implementation process, if new tasks arise, the Tender Management Department may proactively adjust the expenditure items in Part B of Appendix II attached to this Circular and bear responsibility for such adjustments within the approved annual plan. Adjustments can only be made in the fourth quarter of the planning year.

3. Settlement of Revenue and Expenditure:

Annually, the Center and the Vietnam Construction Market News are responsible for preparing the settlement of revenue and expenditure according to the contents in Appendix III attached to this Circular, which are consolidated into the annual activity budget settlement of the Tender Management Department for submission to the Ministry of Planning and Investment for approval.

 

Chapter IV

TENDER GUARANTEE FEES,

PERFORMANCE GUARANTEES SHALL NOT BE REFUNDED

 

Article 28. Revenue from Bid Security and Contract Performance Security Not to Be Refunded Not refunded

In cases where contractors or investors violate laws on tendering, leading to bid security and contract performance security not being refunded as stipulated in Clause 8, Article 11 and Clause 5, Article 66 of the Law on Bidding, the use of revenue from bid security and contract performance security not refunded 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 firm hired, this revenue must be returned to the project owner. The project owner will use this revenue based on the provisions of this Clause.

 

Chapter V

IMPLEMENTATION PROCESS FOR CONTRACTOR SELECTION VIA THE INTERNET

 

Article 29. Implementation Schedule for Online Tender Selection

Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally governed cities, economic groups, state-owned corporations, political organizations, socio-political organizations, socio-professional organizations, social organizations, units under the people's armed forces, public service units shall direct all project owners and tender invitors under their jurisdiction to organize online tender selection according to the following schedule:

1. In 2020:

a) Organize online tender selection for all (100%) tenders applying open tendering and competitive bidding methods in goods and non-advisory services sectors with a contract value not exceeding 5 billion VND and construction works sector with a contract value not exceeding 10 billion VND, except for tenders that cannot be organized through online tender selection or those with special characteristics;

b) The organization of online tender selection during the year must ensure that at least 60% of the number of tenders applying open tendering and competitive bidding methods and at least 25% of the total value of such tenders are achieved.

2. In 2021:

a) Organize online tender selection for all (100%) tenders applying open tendering and competitive bidding methods in goods and non-advisory services sectors with a contract value not exceeding 10 billion VND and construction works sector with a contract value not exceeding 20 billion VND, except for tenders that cannot be organized through online tender selection or those with special characteristics;

b) The organization of online tender selection during the year must ensure that at least 70% of the number of tenders applying open tendering and competitive bidding methods and at least 35% of the total value of such tenders are achieved.

3. From 2022 to 2025:

a) Organize online tender selection for at least 70% of tenders within the scope regulated by the Bidding Law;

b) Organize online tender selection for all (100%) tenders using state funds for procurement to maintain the regular operation of state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, units under the people's armed forces, public service units;

c) Organize online tender selection for all (100%) centralized procurement tenders.

 

Chapter VI

IMPLEMENTATION

 

Article 30. Guidance on Implementation

During annual holidays and Tet festivals, the Ministry of Planning and Investment shall 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.

Article 31. Effective Date

1. This Circular takes effect from February 1, 2020.

2. From the date this Circular takes effect, Circular Jointly Issued No. 07/2015/TTLT-BKHĐT-BTC dated September 8, 2015, issued by the Ministry of Planning and Investment and the Ministry of Finance detailing the provision and publication of tender information and online tender selection, shall cease to be effective.

3. During implementation, if there are any difficulties, ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, state-owned economic groups, state-owned corporations, and related organizations and individuals shall send their opinions to the Ministry of Planning and Investment for timely review and guidance./.