Circular No. 141/2025/TT-BQP stipulates certain contents regarding bidding activities within the management scope of the Ministry of National Defense.

CIRCULAR

Pursuant to the Law on Bidding No. 22/2023/QH15 dated June 23, 2023, amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15;

Pursuant to the Government's Decree No. 214/2025/NĐ-CP dated August 4, 2025, detailing certain provisions and measures for implementing the Law on Bidding concerning the selection of contractors;

Pursuant to the Government's Decree No. 186/2025/NĐ-CP dated July 1, 2025, detailing certain provisions of the Law on Management and Use of State Assets;

Pursuant to the Government's Decree No. 165/2016/NĐ-CP dated December 24, 2016, on the management and use of state budget for certain activities in the defense and security sectors, amended and supplemented by the Government's Decree No. 01/2020/NĐ-CP dated May 14, 2020;

Pursuant to the Government's Decree No. 01/2022/NĐ-CP dated November 30, 2022, detailing the functions, tasks, powers, and organizational structure of the Ministry of National Defense, amended and supplemented by the Government's Decree No. 03/2025/NĐ-CP dated February 28, 2025;

At the proposal of the Director of the Financial Department/MND;

The Minister of National Defense issues this Circular regulating certain contents regarding bidding activities within the management scope of the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates and guides certain contents regarding bidding activities within the management scope of the Ministry of National Defense, including:

a) Preparing and approving comprehensive plans for selecting contractors and bidding plans;

b) Implementing contractor selection, international bidding, and managing foreign contractors;

c) Publishing bidding information and online bidding;

d) Preparing, reviewing, and approving tender notices, prequalification notices, tender documents, and request for proposals; results of interest expressions, prequalification submissions, lists of technically qualified bidders; contractor selection results;

đ) Centralized procurement, purchasing medicines, chemicals, testing materials, medical equipment;

e) Handling situations and resolving complaints during bidding;

g) Inspecting, supervising, monitoring, and handling violations in bidding activities.

2. For combat works; shooting ranges, training fields, in cases where the form of contractor selection is applied according to the Law on Bidding, it shall be implemented in accordance with this Circular.

This Circular does not regulate special asset purchases through negotiation import procedures.

Article 2. Applicability

This Circular applies to agencies, units, organizations, enterprises, and individuals participating in or related to bidding activities within the management scope of the Ministry of National Defense.

Article 3. Explanation of Terms

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

1. The authorized person is the investor for the project; the head of the superior agency directly overseeing the investor for procurement budgets as prescribed by law.

The main units under the Ministry of National Defense include: General Staff, Political Bureau, and various General Departments; Military Zones, Corps, Services, Border Guard, Armies, Groups; Government Cryptographic Office; Vietnam Coast Guard; Commands: Ho Chi Minh Mausoleum, Hanoi Capital, Cyber Operations, Artillery-Rockets; Vietnam-Russia Tropical Center; Academies, Schools, Hospitals, Enterprises under the Ministry of National Defense.

Chapter II

PREPARATION, APPROVAL

BIDDER SELECTION PLAN

Article 4. Establishment, submission for approval of the overall plan to select contractors for the project

1. Based on the scale and nature of the tendering work of the project, the project investor or the agency assigned to prepare the project in cases where the investor has not yet been determined (hereinafter referred to as the investor) shall report to the competent authority to submit to the Minister of National Defense for consideration of the proposal to establish the overall plan to select contractors for the project together with the submission for approval of the investment proposal of the project, or to submit to the competent authority for consideration of the proposal to establish the overall plan to select contractors for the project when submitting for approval of the project.

In case the Minister of National Defense or the competent authority agrees with the proposal to establish the overall plan to select contractors, the investor shall organize the establishment of the overall plan to select contractors based on the documents specified in Clause 2, Article 16 of Decree No. 214/2025/NĐ-CP dated August 4, 2025 of the Government detailing some provisions and implementation measures of the Law on Bidding regarding the selection of contractors (referred to as Decree No. 214/2025/NĐ-CP).

2. The content of the overall plan to select contractors shall be implemented according to the provisions of Clause 3, Article 36 of the Law on Bidding No. 22/2023/QH15 and Article 17 of Decree No. 214/2025/NĐ-CP. The investor may hire consultants to prepare the overall plan to select contractors in cases where the personnel of the investor do not have sufficient capacity to implement.

3. For projects under the approval authority of the Minister of National Defense, the investor shall establish and report to the head of the main unit directly subordinate to the Ministry of National Defense (in cases where the investor is not a main unit directly subordinate to the Ministry of National Defense) to submit the overall plan to select contractors simultaneously or independently with the submission for approval of the project; the Minister of National Defense shall approve the overall plan to select contractors after the project has been approved.

4. For projects under the approval authority of the head of the main unit directly subordinate to the Ministry of National Defense, the investor or the agency assigned to manage the project (in cases where the investor is a main unit directly subordinate to the Ministry of National Defense) shall establish and submit the overall plan to select contractors simultaneously or independently with the submission for approval of the project; the head of the main unit directly subordinate to the Ministry of National Defense shall approve the overall plan to select contractors after the project has been approved.

Article 5. Establishment of the plan to select contractors

1. The principles for establishing the plan to select contractors shall be implemented according to the provisions of Article 37 of the Law on Bidding No. 22/2023/QH15; in which, the plan to select contractors is established for the entire project and procurement budget when conditions are met. In cases where conditions are not met to establish the plan to select contractors for the entire project and procurement budget, the plan to select contractors shall be established for one or several packages to implement first.

2. The basis for establishing the plan to select contractors shall be implemented according to the provisions of Article 38 of the Law on Bidding No. 22/2023/QH15 and Clause 13, Clause 21 of Article 4 of the Law amending and supplementing some articles of the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law (referred to as Law No. 57/2024/QH15).

3. The content of the plan to select contractors shall be implemented according to the provisions of Article 39 of the Law on Bidding No. 22/2023/QH15, Clause 21 of Article 4 of Law No. 57/2024/QH15 and Clause 45 of Article 1 of the Law amending and supplementing some articles of the Bidding Law, Public-Private Partnership Investment Law, Customs Law, Value Added Tax Law, Export Tax, Import Tax Law, Investment Law, Public Investment Law, Management and Use of State Property Law (referred to as Law No. 90/2025/QH15). The content of the plan to select contractors must be consistent with the overall plan to select contractors (if any); in cases where the contents of the plan to select contractors differ from the overall plan to select contractors, the investor shall report to the competent authority according to the provisions of Clause 4, Article 16 of Decree No. 214/2025/NĐ-CP.

4. The price of the package and the basis for determining the price of the package shall be implemented according to the provisions of Article 18 of Decree No. 214/2025/NĐ-CP.

Article 6. Approval of tender selection plans

1. Documents for approval of tender selection plans for projects implemented in accordance with Clause 1, Article 40 of Law on Bidding No. 22/2023/QH15 and point a, Clause 22, Article 1 of Law No. 90/2025/QH15.

2. Documents for approval of tender selection plans for procurement budgets implemented in accordance with Clause 1, Article 41 of Law on Bidding No. 22/2023/QH15 and point a, Clause 23, Article 1 of Law No. 90/2025/QH15.

3. The project owner shall organize the preparation and approval of tender selection plans for projects and procurement budgets in accordance with Clause 2, Article 40 of Law on Bidding No. 22/2023/QH15 and points b and c, Clause 22; points b and c, Clause 23, Article 1 of Law No. 90/2025/QH15.

Article 7. Forms of Tender Selection and Conditions for Application

1. Open tendering: Implemented in accordance with Article 21 of Law on Bidding No. 22/2023/QH15 and Clause 45, Article 1 of Law No. 90/2025/QH15.

2. Restricted tendering: Implemented in accordance with Article 22 of Law on Bidding No. 22/2023/QH15 and Clause 13, Article 1 of Law No. 90/2025/QH15.

3. Direct award: Implemented in accordance with Article 23 of Law on Bidding No. 22/2023/QH15 and Clause 14, Article 1 of Law No. 90/2025/QH15; Article 78 of Decree No. 214/2025/NĐ-CP.

4. Competitive bidding: Implemented in accordance with Article 24 of Law on Bidding No. 22/2023/QH15; Clause 15, Article 1 of Law No. 90/2025/QH15 and Article 81 of Decree No. 214/2025/NĐ-CP.

5. Direct purchase: Implemented in accordance with Article 25 of Law on Bidding No. 22/2023/QH15.

6. Self-execution: Implemented in accordance with Article 26 of Law on Bidding No. 22/2023/QH15.

7. Selection of contractors in special cases: Implemented in accordance with Article 29 of Law on Bidding No. 22/2023/QH15; Clause 8, Article 4 of Law No. 57/2024/QH15; Clause 16, Article 1 of Law No. 90/2025/QH15 and Article 84 of Decree No. 214/2025/NĐ-CP.

8. Community participation: Implemented in accordance with Article 27 of Law on Bidding No. 22/2023/QH15.

9. Price negotiation: Implemented in accordance with Article 28 of Law on Bidding No. 22/2023/QH15.

10. Ordering: Implemented in accordance with Clause 17, Article 1 of Law No. 90/2025/QH15 and Article 106 of Decree No. 214/2025/NĐ-CP.

11. Assignment of tasks to provide goods and services: Implemented in accordance with Clause 32, Article 1 of Law No. 90/2025/QH15 and Article 112 of Decree No. 214/2025/NĐ-CP.

12. Online bidding: Implemented in accordance with Articles 99 and 100 of Decree No. 214/2025/NĐ-CP.

13. Online procurement: Implemented in accordance with Article 103 of Decree No. 214/2025/NĐ-CP.

Article 8. Methods of Tender Selection

1. One-stage one-envelope method is implemented in accordance with Article 30 of Law on Bidding No. 22/2023/QH15; Clause 9, Article 4 of Law No. 57/2024/QH15 and Clause 18, Article 1 of Law No. 90/2025/QH15.

2. One-stage two-envelope method is implemented in accordance with Article 31 of Law on Bidding No. 22/2023/QH15; Clause 10, Article 4 of Law No. 57/2024/QH15 and points a and b, Clause 19, Article 1 of Law No. 90/2025/QH15.

3. Two-stage one-envelope method is implemented in accordance with Article 32 of Law on Bidding No. 22/2023/QH15 and Clause 46, Article 1 of Law No. 90/2025/QH15.

4. Two-stage two-envelope method is implemented in accordance with Article 33 of Law on Bidding No. 22/2023/QH15 and Clause 46, Article 1 of Law No. 90/2025/QH15.

Article 9. Adjustment of the tender selection plan

1. The adjustment of the tender selection plan shall be carried out in accordance with Clause 1 of Article 140 of Decree No. 214/2025/NĐ-CP.

2. In cases where it is necessary to adjust certain contents within the approved tender selection plan, only the contents that have changed or been adjusted need to be established, submitted for approval. If there is a change in the implementation time of the tender package compared to the approved tender selection plan during the contract implementation process, there is no need to adjust the tender selection plan.

Article 10. Pre-tendering

Pre-tendering shall be carried out in accordance with Article 42 of the Law on Bidding No. 22/2023/QH15; Clause 14 of Article 4 of Law No. 57/2024/QH15 and point a, point b of Clause 24 of Article 1 of Law No. 90/2025/QH15.

Chapter III

IMPLEMENTATION OF CONTRACTOR SELECTION;

INTERNATIONAL BIDDING AND MANAGEMENT OF FOREIGN CONTRACTORS

Article 11. Tender Selection Procedures and Timeframes

1. The procedures and formalities for selecting contractors shall be carried out in accordance with Article 43 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented by Clause 25 of Article 1 of Law No. 90/2025/QH15);

2. The timeframe for organizing the selection of contractors shall be carried out in accordance with Article 45 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented by Clause 27 of Article 1 of Law No. 90/2025/QH15).

Article 12. Open Bidding and Restricted Bidding Procedures without Online Submission for Service Provision Packages, Goods Procurement, Construction, and Mixed Packages

1. The open bidding and restricted bidding procedures without online submission for service provision packages, goods procurement, construction, and mixed packages under the one-stage method shall be carried out as follows:

a) The detailed procedures for open bidding and restricted bidding without online submission for service provision packages, goods procurement, construction, and mixed packages under the one-stage single-envelope and one-stage two-envelope methods shall be implemented in accordance with Articles 24 and 36 of Decree No. 214/2025/NĐ-CP;

b) The organization of open bidding and restricted bidding without online submission for service provision packages, goods procurement, construction, and mixed packages under the one-stage single-envelope and one-stage two-envelope methods shall be implemented in accordance with Articles 28 and 40 of Decree No. 214/2025/NĐ-CP.

2. The open bidding and restricted bidding procedures without online submission for goods procurement, construction, and mixed packages under the two-stage method shall be carried out as follows:

a) Preparation for bidding and organization of the first stage of open bidding and restricted bidding without online submission for goods procurement, construction, and mixed packages under the two-stage single-envelope and two-stage two-envelope methods shall be carried out in accordance with Articles 47, 48, 53, and 54 of Decree No. 214/2025/NĐ-CP;

b) Preparation and organization of the second stage of open bidding and restricted bidding without online submission for goods procurement, construction, and mixed packages under the two-stage single-envelope and two-stage two-envelope methods shall be carried out in accordance with Articles 50 and 56 of Decree No. 214/2025/NĐ-CP.

Article 13. Open Bidding and Restricted Bidding Procedures without Online Submission for Consulting Services Packages

1. The detailed procedures for open bidding and restricted bidding without online submission for consulting services packages when the contractor is an organization shall be carried out in accordance with Article 61 of Decree No. 214/2025/NĐ-CP.

2. Selection of individual consultants in open bidding and restricted bidding without online submission for consulting services packages shall be carried out in accordance with Article 73 of Decree No. 214/2025/NĐ-CP.

Article 14. Tender designation process

1. Cases of tender designation shall be implemented in accordance with Article 78 of Decree No. 214/2025/NĐ-CP.

2. Detailed tender designation process:

a) The general tender designation process shall be implemented in accordance with Article 79 of Decree No. 214/2025/NĐ-CP;

b) The simplified tender designation process shall be implemented in accordance with Article 80 of Decree No. 214/2025/NĐ-CP.

Article 15. Selection of contractors for competitive bidding, direct procurement, self-execution, ordering, community participation selection, online quotation, and online procurement

1. The competitive bidding process shall be implemented in accordance with Article 81 of Decree No. 214/2025/NĐ-CP.

2. The direct procurement process shall be implemented in accordance with Article 82 of Decree No. 214/2025/NĐ-CP.

3. The self-execution process shall be implemented in accordance with Article 83 of Decree No. 214/2025/NĐ-CP.

4. The eligibility of local communities, organizations, groups of workers, and the contractor selection process for packages involving community participation shall be implemented in accordance with Articles 86 and 87 of Decree No. 214/2025/NĐ-CP.

5. The general online quotation process shall be implemented in accordance with Article 101 of Decree No. 214/2025/NĐ-CP; for the simplified online quotation process, it shall be implemented in accordance with Article 102 of Decree No. 214/2025/NĐ-CP.

6. The online procurement process shall be implemented in accordance with Article 104 of Decree No. 214/2025/NĐ-CP.

7. The ordering process shall be implemented in accordance with Article 109 of Decree No. 214/2025/NĐ-CP.

Article 16. Contractor selection in special cases

1. Tender packages applying contractor selection in special cases shall be implemented in accordance with Article 84 of Decree No. 214/2025/NĐ-CP.

2. The procedures for contractor selection in special cases shall be implemented in accordance with Article 85 of Decree No. 214/2025/NĐ-CP.

Article 17. International Bidding

1. The organization of international bidding to select contractors shall be implemented in accordance with Clause 1, Article 1 of the Law on Bidding No. 22/2023/QH15.

2. The determination of the eligibility of foreign contractors shall be implemented in accordance with Article 5 of the Law on Bidding No. 22/2023/QH15, Clause 2, Article 4 of Law No. 57/2024/QH15, and Clause 4, Article 1 of Law No. 90/2025/QH15. Languages and currencies used in international bidding shall be implemented in accordance with Clause 2, Article 12 and Clause 2, Article 13 of the Law on Bidding No. 22/2023/QH15.

3. Preferences in selecting contractors for international bidding shall be implemented in accordance with Article 10 of the Law on Bidding No. 22/2023/QH15, Points a, b, c, d, and e of Clause 7, Article 1 of Law No. 90/2025/QH15, and Article 7 of Decree No. 214/2025/NĐ-CP.

4. Timeframes during the organization of contractor selection shall be implemented in accordance with Article 45 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented by Clause 27, Article 1 of Law No. 90/2025/QH15).

5. Forms of contractor selection for international bidding shall be implemented in accordance with Articles 21 to 29 of the Law on Bidding No. 22/2023/QH15, Clause 8, Article 4 of Law No. 57/2024/QH15, and Clause 16, Article 1 of Law No. 90/2025/QH15. The process of organizing contractor selection shall be implemented in accordance with Article 43 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented by Clause 25, Article 1 of Law No. 90/2025/QH15).

6. For tender packages involving the procurement of goods, construction, consulting services, and non-consulting services applying international bidding, the project owner shall amend the tender documents issued together with Circulars guiding the implementation of Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government on guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (amended and supplemented by Decree No. 90/2022/NĐ-CP dated January 12, 2022) based on ensuring compliance with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

Article 18. Management of foreign contractors

After winning a tender package to be implemented on the territory of Vietnam, foreign contractors must comply with the provisions of Vietnamese law regarding entry, exit, import, export of goods, temporary residence registration, accounting system, tax, and other provisions of Vietnamese law as stipulated in Article 141 of Decree No. 214/2025/NĐ-CP and regulations of the Ministry of National Defense concerning international integration and national defense diplomacy, military trade. Within fifteen days from the date the contract with the foreign contractor becomes effective, the project owner shall report in writing to the head of the Ministry of National Defense (through the Financial Department/MND) about the foreign contractor implementing the tender package under their management.

Chapter IV

PUBLISHING INFORMATION ON TENDERING AND ONLINE TENDERING

Article 19. Publishing information and protecting information in tendering

1. Information provision and publication of tendering information shall be carried out in accordance with the provisions of Article 7 and Article 8 of the Law on Tendering No. 22/2023/QH15, Clause 6 and Clause 50 of Article 1 of Law No. 90/2025/QH15.

2. Information on the performance results of contractors and the quality of goods used, publicized information on the selection of contractors shall be carried out in accordance with the provisions of Article 20 and Article 22 of Decree No. 214/2025/NĐ-CP.

3. The project owner shall not publish information on the selection of contractors for projects, procurement budgets, tender packages, and related documents containing contents listed in the State Secrets Catalogue as stipulated in Clause 3 of Article 7 of the Law on Tendering No. 22/2023/QH15 (amended and supplemented in Clause 6 of Article 1 of Law No. 90/2025/QH15). For tender packages requiring confidentiality, all parties involved must comply with the regulations on protecting state secrets. In the tender invitation documents and request documents, it must specify: Measures to ensure confidentiality of tender information provided by contractors; commitment not to use the results of the contractor selection and the tender contract for similar contracts and qualification conditions when participating in bidding for other tender packages of other project owners; in cases where proof of capacity by similar contracts with confidentiality requirements is mandatory, the contractor must report and obtain written permission from the authorized person.

Article 20. Online Tendering

1. Based on the nature and scale of each tender package, the project owner decides within their authority to organize the selection of contractors through online tendering in compliance with the provisions of Clause 1 of Article 50 of the Law on Tendering No. 22/2023/QH15.

2. Cases not conducting tendering on the national e-tendering system as stipulated in Clause 5 of Article 50 of the Law on Tendering No. 22/2023/QH15 shall be implemented in accordance with the provisions of Clause 11 of Article 98 of Decree No. 214/2025/NĐ-CP.

Article 21. Procedure and process for selecting contractors through online tendering

1. The procedure for selecting contractors through online tendering shall be carried out in accordance with the provisions of Article 50 of the Law on Tendering No. 22/2023/QH15 and Clause 10 of Article 98 of Decree No. 214/2025/NĐ-CP.

2. The process for selecting contractors through online tendering shall be carried out in accordance with the provisions of Clauses: 1, 2, 3, 4, 5, 6, 7, 8, and Clause 9 of Article 98 of Decree No. 214/2025/NĐ-CP.

3. Electronic documents on the National E-Tendering System have legal value according to the laws on electronic transactions, serving as a basis for comparison, verification, and authentication of information for evaluation, audit, inspection, and review work.

Chapter V

ESTABLISHING, REVIEWING, APPROVING INVITATION TO EXPRESS INTEREST DOCUMENTS, INVITATION TO PREQUALIFY DOCUMENTS, INVITATION TO TENDER DOCUMENTS, REQUEST FOR PROPOSAL DOCUMENTS, EVALUATION RESULTS OF PREQUALIFICATION SUBMISSIONS, LIST OF CONTRACTORS MEETING TECHNICAL REQUIREMENTS, SELECTION RESULTS OF CONTRACTORS, AND CONTRACTS WITH CONTRACTORS

Article 22. Preparation, review, approval of tender invitation documents, prequalification documents, bidding documents, request for proposal documents, evaluation results of prequalification submissions, list of contractors meeting technical requirements, and contractor selection results.

1. Preparation and submission for approval of tender invitation documents, prequalification documents, bidding documents, and request for proposal documents:

a) Tender invitation documents, prequalification documents, bidding documents, and request for proposal documents shall be prepared by the expert team in accordance with Clause 1, Article 80 of the Law on Public Procurement No. 22/2023/QH15; the contents of these documents shall comply with the provisions set out in Point a, Clause 1, Article 25, Articles 26, 37, Point a, Clause 2, Article 62, Articles 63, Point a, Clause 3, Article 79, Point a, Clause 1, Article 81, and Point a, Clause 2, Article 82 of Decree No. 214/2025/NĐ-CP;

b) Forms of tender invitation documents, prequalification documents, bidding documents, online quotations, and online procurement shall be implemented in accordance with Circular No. 79/2025/TT-BTC dated August 4, 2025, issued by the Minister of Finance guiding the provision and publication of public procurement information and tender document templates on the national public procurement network; forms of request for proposal documents shall be implemented in accordance with Circular No. 80/2025/TT-BTC dated August 8, 2025, issued by the Minister of Finance detailing request for proposal document templates, evaluation reports, audit reports, inspection reports, and implementation status reports of public procurement activities;

c) The project owner shall organize reviews (if applicable) and approve tender invitation documents, prequalification documents, bidding documents, and request for proposal documents in accordance with Point b, Clause 1, Article 25, Article 27, Article 39, Article 47, Article 56, and Article 135 of Decree No. 214/2025/NĐ-CP.

2. The project owner shall organize reviews and approve the list of contractors meeting technical requirements in accordance with Clause 5, Article 42, Article 58, Clause 4, Article 69, Clauses 1 and 3, Article 136 of Decree No. 214/2025/NĐ-CP.

3. The project owner shall organize reviews and approve the results of contractor selection in accordance with Article 33 of Decree No. 214/2025/NĐ-CP.

Article 23. Contracts with Contractors

1. Contracts with contractors shall be implemented in accordance with Articles 64, 65, 66, 67, 68, 69, and Article 70 of the Law on Public Procurement No. 22/2023/QH15 and Point 37, Article 1 of Law No. 90/2025/QH15; Articles 113, 114, 115, 116, 117, 118, 119, 120, and Article 121 of Decree No. 214/2025/NĐ-CP.

2. Contract signing conditions must fully comply with all conditions stipulated in Articles 66 and 67 of the Law on Public Procurement No. 22/2023/QH15, ensuring strict adherence to the type of contract, the approved time frame for implementing the tender package, and the regulations on contract documents as provided in Article 65 of the Law on Public Procurement No. 22/2023/QH15; completion and signing of contracts shall be carried out in accordance with Article 34 of Decree No. 214/2025/NĐ-CP, and other relevant State and Ministry of Defense regulations.

3. After the parties have fulfilled their obligations under the signed contract or the contract has been terminated (cancelled) in accordance with the law, the parties must settle the contract. Settlement of the contract shall be carried out in accordance with Article 121 of Decree No. 214/2025/NĐ-CP.

Chapter VI

CONCENTRATED PROCUREMENT; MEDICINES, CHEMICALS,

LABORATORY SUPPLIES, MEDICAL EQUIPMENT

Article 24. Concentrated Procurement

1. Concentrated procurement shall be implemented in accordance with Article 53 of the Law on Public Procurement No. 22/2023/QH15; Points a and b, Clause 30, Article 1 of Law No. 90/2025/QH15.

2. Principles of concentrated procurement shall be implemented in accordance with Article 89 of Decree No. 214/2025/NĐ-CP.

3. The list of assets for concentrated procurement at the Ministry of National Defense level shall be promulgated by the Minister of National Defense, including goods, services, medicines, chemicals, laboratory supplies, and medical equipment (excluding goods and services included in the centralized procurement list at the national level issued by the Minister of Health and the Minister of Finance in accordance with Point a and Point b, Clause 2, Article 53 of the Law on Public Procurement No. 22/2023/QH15).

Article 25. Authority and Responsibilities in Centralized Procurement

1\. The Minister of National Defense decides on the unit organizing centralized procurement for the Ministry of National Defense.

2\. The direct superior of the centralized procurement unit shall perform the responsibilities of the authorized person as stipulated in Article 77 of the Bidding Law No. 22/2023/QH15 and Clauses 45 and 46 of Article 1 of Law No. 90/2025/QH15.

3\. The centralized procurement unit shall perform the responsibilities of the project owner as prescribed in Article 78 of the Bidding Law No. 22/2023/QH15 and Article 90 of Decree No. 214/2025/NĐ-CP.

Article 26. Framework Agreements and Procedures for Centralized Procurement

1\. Framework agreements and contents of framework agreements in centralized procurement shall be implemented in accordance with Article 54 of the Bidding Law No. 22/2023/QH15 and Article 92 of Decree No. 214/2025/NĐ-CP.

2\. The procedure for centralized procurement applying open bidding shall be implemented in accordance with Article 91 of Decree No. 214/2025/NĐ-CP.

Article 27. Purchase of Medicines, Chemicals, Testing Materials, and Medical Equipment

1\. The purchase of medicines, chemicals, testing materials, and medical equipment shall be carried out in accordance with the state's laws on bidding and the regulations of the Ministry of Health.

2\. For bidding to purchase medicines used in medical examinations and treatments at military health facilities, such activities shall be conducted in accordance with this Circular, without being required to follow the provisions of Chapter II of Circular No. 40/2025/TT-BYT dated October 25, 2025, issued by the Minister of Health regarding bidding for medicines at public health facilities.

Chapter VII

HANDLING SITUATIONS AND RESOLVING COMPLAINTS IN BIDDING

Article 28. Handling Situations in Bidding Activities

1\. Handling situations in bidding activities shall be carried out in accordance with Article 88 of the Bidding Law No. 22/2023/QH15.

2\. Detailed content on handling situations in online and offline bidding shall be carried out in accordance with Article 140 of Decree No. 214/2025/NĐ-CP.

Article 29. Resolving Complaints in Bidding

1\. Resolving complaints in bidding activities shall be carried out in accordance with Article 89 of the Bidding Law No. 22/2023/QH15 and Articles 137, 138, and 139 of Decree No. 214/2025/NĐ-CP, and the provisions of this Circular;

a\. Resolving complaints about issues before the announcement of the tender result shall be handled by the project owner and the authorized person in accordance with points a and b of Clause 1 of Article 138 of Decree No. 214/2025/NĐ-CP;

b\. Resolving complaints about the tender result shall be handled by the project owner and the Complaint Resolution Board in accordance with points a and b of Clause 2 of Article 138 of Decree No. 214/2025/NĐ-CP;

c\. The head of the organization, unit, or enterprise shall issue conditions and procedures for resolving complaints within their own unit in accordance with Clause 7 of Article 138 of Decree No. 214/2025/NĐ-CP.

2\. Information about the name, address, and telephone number of the authorized person and the standing office assisting the Chairman of the Complaint Resolution Board must be fully recorded in the tender documents and request documents by the project owner according to the provisions of this Circular and Article 30 and Article 31 of this Circular; organizations and individuals performing supervisory tasks (if any).

Article 30. Establishment and Operation of the Complaint Resolution Board at the Ministry of National Defense Level

1\. Establishment of the Complaint Resolution Board at the Ministry of National Defense Level

a\. The Complaint Resolution Board at the Ministry of National Defense Level shall be established by the Department of Finance/Military shall have the responsibility to resolve complaints for all packages of projects and budgets for procurement made by the Ministry of National Defense as the project owner;

b\. The operation of the Complaint Resolution Board at the Ministry of National Defense Level shall be carried out in accordance with Clause 3 of Article 139 of Decree No. 214/2025/NĐ-CP;

c\. The standing office assisting the Chairman of the Complaint Resolution Board at the Ministry of National Defense Level is the Tender Management Office under the Department of Finance/Military shall carry out administrative tasks as prescribed by the Chairman of the Board; receive and manage costs submitted by the contractor making the complaint, in accordance with point c, Clause 2 of Article 139 of Decree No. 214/2025/NĐ-CP;

2\. Composition of the Complaint Resolution Board at the Ministry of National Defense Level

a\. The Chairman of the Board is the Head of the Department of Finance/Military;

b\. Members of the Board include representatives from functional agencies designated by the Chairman of the Board based on the nature and content related to the project, budget for procurement, and package of work with complaints (based on the nature of the package of work with complaints, the Chairman of the Board may invite representatives from relevant professional associations and experts knowledgeable about the content of the complaint);

c\. The Chairman of the Board uses the seal of the Department of Finance/Military; members of the Board use the seal of the agency or unit where the member works during the performance of their duties.

Article 31. The Council for Handling Proposals at the Head Unit under the Ministry of National Defense

1. Establishment and operation of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense

a) The Council for Handling Proposals at the Head Unit under the Ministry of National Defense shall be proposed by the Financial Department of the Head Unit under the Ministry of National Defense to the Head of the Head Unit under the Ministry of National Defense to issue a decision on establishment, responsible for handling proposals related to tender packages within projects decided to invest by itself, procurement budget estimates it acts as the main investor, and tender packages where the agencies or units under its management act as the main investors, except those specified in point a, Clause 1, Article 30 of this Circular;

b) The operation of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense shall be carried out in accordance with Clause 3, Article 139 of Decree No. 214/2025/NĐ-CP;

c) The permanent office assisting the Chairman of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense is the Financial Department of the Head Unit under the Ministry of National Defense, which performs administrative tasks assigned by the Chairman of the Council; receives and manages costs submitted by contractors making proposals according to point c, Clause 2, Article 139 of Decree No. 214/2025/NĐ-CP;

2. Composition of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense

a) The Chairman of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense is the Head of the Head Unit under the Ministry of National Defense;

b) Members of the Council include representatives from functional agencies determined by the Chairman of the Council based on the nature and content related to the project, procurement budget estimate, and tender package with proposals (based on the nature of the tender package with proposals, the Chairman of the Council may invite representatives of relevant professional associations and experts familiar with the content of the proposal);

c) The Chairman of the Council for Handling Proposals at the Head Unit under the Ministry of National Defense uses the seal of the agency or unit where the Chairman works; members of the Council use the seal of the agency or unit where they work during the performance of their duties.

Chapter VIII

INSPECTION, AUDIT, SUPERVISION, AND HANDLING OF VIOLATIONS IN TENDERING ACTIVITIES

Article 32. Inspection, Audit, Supervision of Tendering Activities in the Ministry of National Defense

1. Inspection of tendering activities is conducted against organizations and individuals involved in tendering activities as stipulated in the Law on Bidding No. 22/2023/QH15.

2. The inspection work of tendering activities is implemented in accordance with Clause 7, Article 77 and Clause 2, Article 86 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented at point a, Clause 43, Article 1 of Law No. 90/2025/QH15); Articles 122, 123, 124, 125, 126, 127, 128, 129, and Article 130 of Decree No. 214/2025/NĐ-CP, and the following provisions:

a) The annual planned inspection work of tendering activities in the Ministry of National Defense is established by the Finance General Department/BQP, reported to the Minister of National Defense for approval together with the annual inspection and supervision plan of the Ministry of National Defense;

b) Inspection of tendering activities of head units under the Ministry according to the annual planned schedule: The Head of the Head Unit under the Ministry of National Defense assigns an affiliated agency to establish and submit for approval a plan to organize inspections of tendering activities for tender packages within its management scope;

c) Spot inspections are carried out upon request of authorized persons or at the suggestion of the agency performing tender management functions in the Ministry of National Defense;

d) Based on the scale, nature of the tender package, and actual circumstances, the leading inspection agency organizes inspections either directly or through written reports. The establishment of the Inspection Team and the implementation of direct inspections and inspections through written reports are carried out in accordance with Article 129 and Article 130 of Decree No. 214/2025/NĐ-CP.

3. Supervision of tendering activities in the Ministry of National Defense is implemented in accordance with Clause 3, Article 86 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented at points b and c, Clause 43, Article 1 of Law No. 90/2025/QH15); Article 131 and Article 132 of Decree No. 214/2025/NĐ-CP.

a) The Finance General Department/BQP leads the supervision of tendering activities for projects and procurement budgets within the authority of the Minister of National Defense, and regular supervision of tendering activities is carried out in accordance with Clause 2, Article 132 of Decree No. 214/2025/NĐ-CP.

b) The Head of the Head Unit under the Ministry of National Defense, the main investor, assigns a person with expertise in bidding, independent from the main investor, from the Financial Department (or financial agency) under their authority to supervise tendering activities for projects and procurement budgets within their management scope according to their authority.

Article 33. Handling Violations

1. Handling of violations of laws on tendering is carried out in accordance with Clause 1 and Clause 2, Article 87 of the Law on Bidding No. 22/2023/QH15.

2. Authority to decide on prohibition from participating in tendering activities is carried out in accordance with Clause 3, Article 87 of the Law on Bidding No. 22/2023/QH15 (amended and supplemented at Clause 53, Article 1 of Law No. 90/2025/QH15), specifically as follows:

a) The Minister of National Defense decides to prohibit organizations and individuals from participating in tendering activities within the management scope of the Ministry of National Defense if they commit prohibited acts as stipulated in the Law on Bidding;

b) The Head of the agency or unit under the Ministry of National Defense decides to prohibit organizations and individuals from participating in tendering activities within their management scope when they are authorized persons or superiors of authorized persons as defined in this Circular.

3. Decisions prohibiting participation in tendering activities must be sent to the organizations and individuals subject to handling and related agencies and organizations simultaneously and must be posted on the National E-Bidding System. In cases specified in point b, Clause 2 of this provision, decisions prohibiting participation in tendering activities must be sent to the Ministry of National Defense (through the Finance General Department/BQP) for monitoring and consolidation.

Chapter IX

RESPONSIBILITIES OF THE PARTIES INVOLVED; RESPONSIBILITIES OF AGENCIES, UNITS, AND INDIVIDUALS PARTICIPATING IN TENDERING ACTIVITIES

PART 1

RESPONSIBILITIES OF THE PARTIES INVOLVED IN TENDERING ACTIVITIES

Article 34. Responsibilities of the Competent Authority

1. Fulfill responsibilities as prescribed in Article 77 of the Bidding Law No. 22/2023/QH15 (amended and supplemented in Clause 45 and Clause 46 of Article 1 of Law No. 90/2025/QH115).

2. Not to abuse position and authority to illegally interfere with the bidding selection process for contractors as prescribed in Clause 2 of Article 16 of the Bidding Law No. 22/2023/QH15.

Article 35. Responsibilities of the Project Owner, Expert Group, Evaluation Group, and Contractor

1. The project owner fulfills responsibilities as prescribed in Article 78 of the Bidding Law No. 22/2023/QH15 (amended and supplemented in Clause 38 of Article 1 of Law No. 90/2025/QH115).

2. The expert group and evaluation group fulfill responsibilities as prescribed in Articles 80 and 81 of the Bidding Law No. 22/2023/QH15 (amended and supplemented in Clauses 40, 50, and 52 of Article 1 of Law No. 90/2025/QH115). The conditions of capacity and experience for members of the expert group and evaluation group shall be implemented as prescribed in Article 21 of Decree No. 214/2025/NĐ-CP.

3. Contractors participating in bidding activities under the management of the Ministry of National Defense fulfill responsibilities as prescribed in Article 82 of the Bidding Law No. 22/2023/QH15 (amended and supplemented in Clauses 41 and 51 of Article 1 of Law No. 90/2025/QH115) and Article 141 of Decree No. 214/2025/NĐ-CP.

PART 2

RESPONSIBILITIES OF ORGANIZATIONS, UNITS, AND INDIVIDUALS PARTICIPATING IN BIDDING ACTIVITIES

Article 36. Financial Department/MoND

1. Perform state management functions on bidding within the Ministry of National Defense; assist the Minister of National Defense in organizing state management over bidding activities within the Ministry of National Defense, including:

a) Advising the Central Military Commission and the heads of the Ministry of National Defense on matters related to bidding activities within the scope of management of the Ministry of National Defense;

b) Taking the lead in drafting and submitting to competent authorities for promulgation legal normative documents on bidding within the scope of management of the Ministry of National Defense;

c) Taking the lead in organizing inspections and supervision of bidding activities as prescribed in Clause 2 and Clause 3 of Article 86 of the Bidding Law No. 22/2023/QH15 and Points a, b, and c of Clause 43 of Article 1 of Law No. 90/2025/QH15;

d) Building and managing the database of bidding activities of the Ministry of National Defense; taking the lead in compiling and reporting on the implementation of bidding activities of the Ministry of National Defense as prescribed;

đ) Promoting and disseminating legal normative documents and legal policies on bidding within the Ministry of National Defense;

e) Guiding, monitoring, and summarizing the results of bidding activities within the Ministry of National Defense as prescribed.

2. Taking the lead and coordinating with relevant agencies and units to organize guidance, training, and professional development on bidding for agencies and units within the Ministry of National Defense.

3. Performing other tasks related to bidding activities when assigned by competent authorities.

Article 37. Financial Agencies at All Levels

The Finance Departments (or financial agencies) of agencies and units at various levels take the lead in inspecting and supervising bidding activities as prescribed in Clause 2; Point a and Point d of Clause 3 of Article 86 of the Bidding Law No. 22/2023/QH15 and Article 131 of Decree No. 214/2025/NĐ-CP; advising the heads of units or coordinating with project owners to resolve complaints related to bidding activities within their scope of management.

Article 38. Inspection by the Ministry of National Defense

The inspection of bidding activities for organizations and individuals participating in bidding activities within the management scope of the Ministry of National Defense shall be carried out in accordance with Clause 1 of Article 86 of the Bidding Law No. 22/2023/QH15 and the regulations on inspection.

Article 39. Legal Affairs Organizations in the Military

1. Department of Legal Affairs, Ministry of National Defense

a) Coordinate with the Department of Finance/MND in guiding and inspecting the implementation of laws in bidding activities; inspect the legality of draft contracts for tender packages approved by the Head of the Ministry of National Defense for the results of selecting contractors or signing contracts; advise on handling violations of laws in bidding activities under the management scope of the Ministry of National Defense;

b) Guide subordinate legal affairs organizations to advise on the legality of draft contracts for tender packages approved by the Heads of their respective agencies or units for the results of selecting contractors or signing contracts.

2. Legal affairs organizations at agencies and units according to the classification have the responsibility to advise the Heads of their respective agencies or units on the legality of draft contracts for tender packages approved by the Heads of their respective agencies or units for the results of selecting contractors or signing contracts.

Article 40. Security Protection Agencies in the Military

1. Department of Military Security Protection/TCCT

a) Advise and guide the work of protecting state secrets in bidding activities within the management scope of the Ministry of National Defense; direct and guide the security and safety assurance for projects, procurement budgets, tender packages requiring protection of state secrets within the management scope of the Ministry of National Defense; review and determine the level of confidentiality of tender packages within the approval authority of the Minister of National Defense;

b) Review the security of non-military enterprises participating in implementing projects, procurement budgets, designated tender packages to protect state secrets within the approval authority of the Minister of National Defense's plan to select contractors.

2. Security protection agencies at all levels implement the contents prescribed in point a, point b of Clause 1 of this Article within their management scope.

Article 41. Agencies and Units in the Ministry of National Defense

1. Implement national laws on bidding and the provisions of this Circular accurately;

2. Proactively propose issues arising during the implementation of the Bidding Law, guiding documents, and regulations on bidding activities under the management scope of the Ministry of National Defense to the Department of Finance/MND for consolidation and submission to the Head of the Ministry of National Defense for consideration and amendment within their authority or report to the competent authority for consideration and resolution in accordance with the law;

3. Organize the dissemination and popularization of legal regulations on bidding at their respective agencies and units;

4. Implement reporting systems on bidding work annually and urgently within their management scope to the Ministry of National Defense (through the Department of Finance/MND) in accordance with the law;

5. State-owned enterprises not using state budget funds, public service units self-financing regular expenses and investment, and public service units self-financing regular expenses under the Ministry of National Defense shall report in writing to the Department of Finance/MND quarterly on the contents prescribed in Clause 3 of Article 132 of Decree No. 214/2025/NĐ-CP in accordance with point a of Clause 5 of Article 132 of Decree No. 214/2025/NĐ-CP.

Chapter X

TRANSITION PROVISIONS AND EFFECTIVE DATE

Article 42. Transitional Provisions

1. The contents approved before the effective date of this Circular shall be implemented in accordance with Article 10 of Law No. 90/2025/QH15.

2. Competent authority to handle complaints

a) For cases of handling complaints arising before the effective date of this Circular, implement in accordance with the provisions of Circular No. 05/2021/TT-BQP dated January 12, 2021, issued by the Minister of National Defense, stipulating certain matters regarding the selection of contractors within the management scope of the Ministry of National Defense;

b) For cases of handling complaints arising after the effective date of this Circular, implement in accordance with the provisions of this Circular.

Article 43. Effective Date

1. This Circular takes effect from the date of signature.

Circular No. 05/2021/TT-BQP dated January 12, 2021, issued by the Minister of National Defense, stipulating certain matters regarding the selection of contractors within the management scope of the Ministry of National Defense, which has been amended and supplemented by Circular No. 74/2023/TT-BQP dated October 11, 2023 and Decision No. 1100/QĐ-BQP dated March 25, 2025 of the Minister of National Defense promulgating the decision-making authority for procurement of state assets, consumables, services, and information technology applications within the management scope of the Ministry of National Defense, shall cease to be effective from the date this Circular takes effect.

3. In cases where the documents cited in this Circular are replaced or amended, they must be applied according to the replacing document or the amended document authorized by the competent authority.

Article 44. Responsibility for Implementation

1. The Chief of General Staff, Director of the Political Bureau, Commanders of agencies, units, organizations, and individuals involved in tendering activities within the management scope of the Ministry of National Defense are responsible for implementing this Circular.

2. The Director of the Finance Department/MND is responsible for organizing and implementing this Circular./.