Circular No. 15/2024/TT-BKHĐT stipulates the model tender dossier for selecting investors to implement public-private partnership (PPP) projects and business investment projects; providing and publishing information on PPP investment and investor selection tenders on the National Public Procurement Network System.

CIRCULAR

Regulations on model tender documents for selecting investors to implement projects under public-private partnership (PPP) investment methods and business investment projects providing, publishing information on investment under the PPP method, tendering to select investors on the National Tender System Network Pursuant to the Land Law dated

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

35/2021/NĐ-CP dated March 29, 2021, detailing and guiding the implementation of the Law on Investment under Public-Private Partnership Method; 18 of the Government stipulating the functions, tasks, powers, and organizational structure of1 2024;

Pursuant to the Public-Private Partnership Investment Law dated June 18, 2020;

Decree No. Pursuant to Decree No. 23/2024/NĐ-CP dated February 27, 2024, detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of investors for projects that must be tendered according to laws governing sectors and fields;

Decree No. 115/2024/NĐ-CP dated 16 the 9 day4 of the Government detailing some provisions and measures to implement the Bidding Law on selecting investors to implement investment projects using land;

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment issues this Circular

Article 1. Scope of Application

prescribing the model tender documents for selecting investors to implement PPP investment projects and business investment projects; providing, publishing information on qinvestment under the PPP method, tendering to select investors on the National Tender System Network. 1. Model tender documents for selecting investors to implement PPP investment projects and business investment projects.2. Providing, publishing information on investment under the PPP method, tendering to select investors on the National Tender System Network.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

1. Organizations and individuals related to the selection of investors within the scope regulated by Article 1 of this Circular.

2. Organizations and individuals engaged in investor selection activities not covered by the Law on Bidding may choose to apply the provisions of this Circular. In case of application, the procedures for providing and publishing information shall be carried out according to

Article 2. Applicability

the National Enterprise Registration Information System, Digital Certificates used on the System, Usage Guidelines, Business Accounts

as defined in Clauses 1, 2, 6, 7, and 10 of Article 3 of Circular No. 06/2024/TT-BKHĐT dated April 26, 2024, guiding the provision and publication of information on contractor selection and tender document models on the System (hereinafter referred to as Circular No. 06/2024/TT-BKHĐT).Guidelines for Useon the National E-Government Procurement System.

Article 3. Explanation of Terms

1. The National E-Government Procurement System(hereinafter referred to as the System),2. Abbreviations used in this Circular and on the System include: E-KSQT

is the announcement of investor interest survey for PPP projects through the network;

a)E-HSQTis the interested party's file for implementing PPP projects through the network;

b)E-TBMSTis the announcement of preliminary selection invitation for PPP projects through the network;

c) E-HSMSTis the preliminary selection invitation file for PPP projects through the network;

d)d)E-HSDST

is the preliminary selection submission file for PPP projects through the network.Electronic documenta) Decision approving the investment proposal for the project (for projects subject to approval of the investment proposal according to the investment law), document approving project information (for projects not subject to approval of the investment proposal);

3. b) Progress tracking table for activities of selecting investors for business investment projects;a) Investment policy decision, project approval decision for PPP projects;

c) E-TBMST, E-TBMQT, notice of invitation to show interest, notice of preliminary selection invitation, notice of bidding invitation;

d) E-KSQT, E-HSMST;

e) E-KSQT, E-HSMST, invitation to show interest file, bidding invitation file;

g) Bid opening minutes, E-HSQT opening minutes, E-HSDST opening minutes;

h) Shortlist; results of invitation to show interest; list of investors meeting technical requirements; investor selection results;

g) Bid opening record;

i) Clarification, amendment contents of E-KSQT, E-HSMST, E-HSQT, E-HSDST, invitation to show interest file, project implementation registration file, bidding invitation file, bidding submission file; contents of recommendations on investor selection results and issues related to the process of selecting investors through the network;

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

Organizations participating in the System

Invalid information

4. is information posted on the System by entities specified in Article 2 of this Circular that does not comply with the laws on public-private partnerships, bidding laws, sectoral management laws, and other relevant laws.d) Provincial Departments of Planning and Investment, directly governed cities, Management Boards of Economic Zones (hereinafter referred to as Provincial Departments of Planning and Investment, Management Boards of Economic Zones);

5. e) Agencies and units directly subordinate, specialized agencies authorized by competent authorities to create and grant business accounts.b) Tenderer, inviter of interest;

c) Investor;

d) Agencies, organizations, units subordinate to ministries, ministerial-level agencies, central agencies, other agencies, provincial People's Committees; village People's Committees.

Account participating in the System

is the account granted by the National Online Bidding Center to participating organizations to perform one or more roles specified in Clause 5 of this Article.

đ) Authority, unit subordinate, specialized agency established by the competent authority to create and delegate business account rights.

6. Account participating in the System is the account granted by the National Electronic Bidding Center to Organizations participating in the System to perform one or several roles specified in Clause 5 of this Article.

Article 4. Application of investor selection through the network

1. Investor selection through the network shall not be applied to the following projects:

a) PPP projects applying international prequalification, international open tendering, competitive negotiation, and direct investment assignment;

b) Business investment projects applying international tendering.

2. Implementation roadmap for investor selection through the network:

Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall organize investor selection through the network according to the following roadmap:

a) From the date this Circular takes effect as prescribed in Clause 1, Article 22 of this Circular, information provision and publication for PPP projects and business investment projects shall be conducted on the System.

b) From the date this Circular takes effect as prescribed in Clause 2, Article 22 of this Circular, issuance of E-QSQT, E-HSMST and submission of E-HSQT, E-HSDST for PPP projects shall be conducted on the System.

c) As of September 1, 2025, issuance of E-HSMQT and submission of E-HSĐKTHDA for business investment projects shall be conducted on the System.

d) As of January 1, 2026, issuance of E-HSMT and submission of E-HSDT for business investment projects applying domestic open tendering, domestic restricted tendering in one-stage one-envelope, one-stage two-envelope procedures, and PPP projects applying domestic open tendering shall be conducted on the System.

Article 5. Preparation of E-QSQT, E-HSMST, prequalification invitation documents, negotiation invitation documents, tender invitation documents for PPP projects

1. The tenderer or the specialized team shall prepare prequalification invitation documents, negotiation invitation documents, tender invitation documents in accordance with the Public-Private Partnership Investment Law (hereinafter referred to as the PPP Law), Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the PPP Law (hereinafter referred to as Decree No. 35/2021/NĐ-CP), internal guidelines for PPP investment activities of ministries and ministerial-level agencies (if any), and relevant laws as follows:

a) E-QSQT shall be prepared according to the model prescribed in Appendix I attached to this Circular;

b) E-QSQT for projects with special factors requiring innovative solutions to shorten construction time and complete infrastructure within a specified period, achieve high energy savings, and protect the environment for projects classified as having a high risk of adverse environmental impact under environmental protection laws shall be prepared according to the model prescribed in Appendix II attached to this Circular;

c) E-HSMST for PPP projects applying domestic prequalification shall be prepared according to the model prescribed in Appendix III attached to this Circular. Prequalification invitation documents for PPP projects applying international prequalification shall be prepared based on amendments to the E-HSMST model prescribed in Appendix III attached to this Circular, ensuring compliance with the PPP Law and Decree No. 35/2021/NĐ-CP;

d) Negotiation invitation documents shall be prepared according to the model prescribed in Appendix IV attached to this Circular for projects applying competitive negotiation as stipulated in Clause 2 and Clause 3, Article 38 of the PPP Law;

đ) Tender invitation documents shall be prepared according to the model prescribed in Appendix V attached to this Circular for projects applying prequalification;

e) Tender invitation documents shall be prepared according to the model prescribed in Appendix VI attached to this Circular for projects not applying prequalification and projects applying competitive negotiation as stipulated in Clause 1, Article 38 of the PPP Law;

g) Tender invitation documents shall be prepared according to the model prescribed in Appendix VII attached to this Circular for projects applying competitive negotiation as stipulated in Clause 2 and Clause 3, Article 38 of the PPP Law.

2. For projects applying direct investment assignment as stipulated in Point a, Clause 1, Article 39 of the PPP Law, tender invitation documents shall be prepared based on amendments to the model prescribed in Appendix VI attached to this Circular, but must ensure compliance with the PPP Law, Decree No. 35/2021/NĐ-CP, and relevant laws. Tender invitation documents shall not include provisions for comparing and ranking investors.

3. In Appendices I, II, III, IV, V, VI, and VII attached to this Circular, italicized content serves as guidance and illustration and shall be concretized in prequalification invitation documents, negotiation invitation documents, and tender invitation documents based on the scale, nature, field, and specific conditions (if any) of each project.

Article 6. Issuing notices of interest, tender invitation documents, and bidding documents for investment projects investment business project

The inviting party, the tendering party, and the expert team shall organize the issuance of notices of interest, tender invitation documents, and bidding documents in accordance with the provisions of the Bidding Law, Decree No. 115/2024/NĐ-CP dated September 16, 2024 of the Government detailing certain articles and implementing mechanisms of the Bidding Law on selecting investors to implement investment projects using land (hereinafter referred to as Decree No. 115/2024/NĐ-CP), Decree No. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain articles and implementing mechanisms of the Bidding Law on selecting investors to implement projects that must be organized through bidding according to the laws governing industries and sectors (amended and supplemented under Clause 2, Article 66 of Decree No. 115/2024/NĐ-CP) (hereinafter referred to as Decree No. 23/2024/NĐ-CP), guidelines of relevant ministries and sectors (if any), and related laws as follows:

1. For investment projects using land within the scope regulated by Decree No. 115/2024/NĐ-CP:

a) Notices of interest and tender invitation documents shall be prepared according to the model specified in Appendix VIII attached hereto;

b) Bidding documents shall be prepared according to the model specified in Appendix IX attached hereto for projects applying open bidding or selective bidding in a single-stage single-envelope method;

c) Bidding documents shall be prepared according to the model specified in Appendix X attached hereto for projects applying open bidding in a two-stage single-envelope method;

d) For investment construction projects in the energy sector, the bidding document model shall be implemented in accordance with the guidance of the Ministry of Industry and Trade as stipulated in point c, Clause 2, Article 74 of Decree No. 115/2024/NĐ-CP.

2. For projects that must be organized through bidding according to the laws governing industries and sectors within the scope regulated by Decree No. 23/2024/NĐ-CP:

a) Notices of interest and tender invitation documents shall be prepared based on the model specified in Appendix VIII attached hereto, with necessary modifications;

b) Bidding documents shall be prepared according to the model specified in Appendix XI attached hereto for projects applying open bidding or selective bidding in a single-stage single-envelope method;

c) Bidding documents shall be prepared according to the model specified in Appendix XII attached hereto for projects applying open bidding in a two-stage single-envelope method.

3. For projects applying open bidding in a two-stage single-envelope method:

a) Bidding documents for investment projects using land within the scope regulated by Decree No. 115/2024/NĐ-CP shall be prepared based on the application of Appendix IX attached hereto, ensuring compliance with the Bidding Law No. 22/2023/QH15 and Decree No. 115/2024/NĐ-CP;

b) Bidding documents for projects that must be organized through bidding according to the laws governing industries and sectors within the scope regulated by Decree No. 23/2024/NĐ-CP shall be prepared based on the application of Appendix XI attached hereto, ensuring compliance with the Bidding Law No. 22/2023/QH15 and Decree No. 23/2024/NĐ-CP.

4. In Appendices VIII, IX, X, XI, and XII attached hereto, italicized content serves as guidance and illustration and shall be concretized in the tender invitation documents and bidding documents based on the scale, nature, sector, and specific conditions (if any) of each project.

Chapter II

PROVISION AND UPLOAD OF INFORMATION ON PPP INVESTMENT, SELECTION OF INVESTORS THROUGH BIDDING ON THE SYSTEM

Article 7. Principles for Providing, Publishing Information, and Selecting Investors through the Network on the System

1. Provisions regarding file format; technical handling in case of system failures beyond control; account management and digital certificate usage; sending and receiving electronic documents on the System; infrastructure conditions for information technology implementation shall be carried out in accordance with the corresponding provisions of Articles 5, 6, 7, 8, and 9 of Circular No. 06/2024/TT-BKHĐT and any amendments, supplements, or replacements to this Circular (if applicable).

2. The organization operating the System shall fulfill responsibilities as stipulated in Article 52 of the Bidding Law, Article 23 of Circular No. 06/2024/TT-BKHĐT, and corresponding responsibilities for providing, publishing information, and selecting investors through the network as prescribed in this Circular.

3. Principles for publishing other information related to investor selection, including tender opening minutes, bidding cancellation decisions, complaint resolution documents, lists of technically qualified investors on the System, and procedures for publishing such information on the System shall be implemented in accordance with the corresponding provisions of Articles 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of Circular No. 06/2024/TT-BKHĐT.

Article 8. Project Information and Investor Interest Survey

1. For PPP projects:

a) The competent authority shall publish project information on the System along with investment approval decisions, adjusted investment approval decisions (if any), project approval decisions, adjusted project approval decisions (if any) not later than 10 days from the date these decisions are approved according to point c, Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP and any amendments, supplements, or replacements to this Decree (if applicable).

b) The competent authority shall establish and grant permissions for business accounts for the project preparation unit or the main agency responsible for receiving project proposal applications to post notifications for surveying investor interest on the System. The survey of investor interest shall be conducted in accordance with the provisions of Article 25 of Decree No. 35/2021/NĐ-CP.

2. For business investment projects:

a) For projects requiring investment approval:

The competent authority shall announce the project and attach the investment approval decision on the System within the latest five working days from the date of the investment approval decision according to Clause 2, Article 10 of Decree No. 115/2024/NĐ-CP, Article 9 of Decree No. 23/2024/NĐ-CP (amended at Clause 6, Article 66 of Decree No. 115/2024/NĐ-CP) and any amendments, supplements, or replacements to these Decrees (if applicable).

b) For projects not requiring investment approval:

The competent authority shall announce the project and attach the project information approval decision on the System within the latest five working days from the date the approval document is issued according to point c, Clause 1 and point d, Clause 2 of Article 11 of Decree No. 115/2024/NĐ-CP, point c, Clause 1 and point d, Clause 2 of Article 10 of Decree No. 23/2024/NĐ-CP (amended at Clause 7, Article 66 of Decree No. 115/2024/NĐ-CP).

Article 9. Issuance, Amendment, Clarification of E-KSQT; Extension of Time for Submission of E-HSQT for PPP Projects

1. E-KSQT shall be issued free of charge on the System.

2. In case of amending E-KSQT after issuance, the project preparation unit or the main agency responsible for receiving project proposal applications must upload the following documents on the System:

a) Decision on amendment accompanied by the amended contents of E-KSQT;

b) Amended E-KSQT.

3. Clarification:

a) If an investor wishes to clarify E-KSQT, the investor must submit a clarification request to the PPP project preparation unit or the main agency responsible for receiving PPP project proposal applications through the System at least two working days before the deadline for submitting E-HSQT.

b) The clarification document of E-KSQT shall be published on the System at least two working days before the submission deadline for E-HSQT, including a description of the clarification content without mentioning the name of the requesting investor.

c) The clarification content of E-KSQT shall not contradict the approved content of E-KSQT.

In case the acceptance of clarification requests for E-KSQT leads to the need to amend these documents, such amendments shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. Extension of Time for Submission of E-HSQT:

In case of extending the time for submission of E-HSQT, the extension notice shall be posted on the System, including the following information:

a) Reason for extension;

b) Deadline for submission of E-HSQT.

Article 10. Invitation for Preliminary Selection, E-TBMST, Invitation for Tender for PPP Projects

1. The tenderer shall post the invitation for preliminary selection for international preliminary selection projects; E-TBMST for domestic preliminary selection projects; and the invitation for tender for competitive negotiation projects as stipulated in Clause 2 and Clause 3, Article 38 of the PPP Law on the System, and simultaneously send it to investors who have registered their interest in implementing the project according to Article 25 of Decree No. 35/2021/NĐ-CP based on the project implementation progress and the time for selecting investors as stated in the PPP project approval decision.

2. Amendments or cancellations of invitations for preliminary selection, E-TBMST, and invitations for tender can only be made before the bid closing time, except in cases where no investor submits a preliminary selection application, E-HSDST, or tender application.

Article 11. Issuing negotiation invitation documents; issuing, amending, clarifying prequalification invitation documents, E-PQID; extending bidding deadline for PPP projects PPP project

1. Issuance:

a) Prequalification invitation documents for international prequalification projects, E-PQID for domestic prequalification projects, negotiation invitation documents for competitive negotiation projects as prescribed in Clause 2 and Clause 3 of Article 38 of the PPP Law shall be issued free of charge on the System simultaneously with the announcement of prequalification invitation, E-PBA, and bidding announcement. During the posting of the prequalification invitation announcement, E-PBA, and bidding announcement, the inviting party must attach the following documents:

- Decision approving the prequalification invitation documents, E-PQID, negotiation invitation documents for competitive negotiation projects as prescribed in Clause 2 and Clause 3 of Article 38 of the PPP Law;

- Prequalification invitation documents, E-PQID, negotiation invitation documents that have been approved.

The inviting party shall not issue paper copies of prequalification invitation documents, negotiation invitation documents to investors. In case the inviting party issues paper copies to investors, such paper copies shall not have legal validity for establishing and evaluating prequalification submission documents, negotiation submission documents for competitive negotiation projects as prescribed in Clause 2 and Clause 3 of Article 38 of the PPP Law.

b) In case the contents of prequalification invitation documents for international prequalification projects, negotiation invitation documents for competitive negotiation projects as prescribed in Clause 2 and Clause 3 of Article 38 of the PPP Law posted on the System differ from the contents of the approved prequalification invitation documents, negotiation invitation documents, the approved prequalification invitation documents, negotiation invitation documents shall serve as the basis for establishing and evaluating prequalification submission documents, negotiation submission documents.

c) In case the contents of E-PQID for domestic prequalification PPP projects posted on the System differ from the contents of the approved E-PQID, the E-PQID issued on the System shall serve as the basis for establishing and evaluating E-PQS.

2. Amendment:

a) For investor selection without using the network, in case the prequalification invitation documents are amended after issuance, the inviting party must post the following documents on the System in one of the two ways below:

- Decision on amendment accompanied by the amended contents of the prequalification invitation documents;

- Decision on amendment and the prequalification invitation documents that have been amended, the amended prequalification invitation documents must clearly show the amended contents;

b) For investor selection using the network, in case the E-PQID is amended after issuance, the inviting party must post the following documents on the System:

- Decision on amendment accompanied by the amended contents of the E-PQID;

- The E-PQID that has been amended.

c) The amendment must ensure compliance with the time limit prescribed in Clause 10 of Article 31 of Decree No. 35/2021/NĐ-CP. In case the time for posting the amended document does not meet this requirement, the inviting party must extend the bidding deadline accordingly.

3. Clarification:

a) For online prequalification, in case clarification of E-PQID is required, the investor sends a request for clarification to the inviting party through the System at least five working days before the bidding deadline as stipulated in Point c Clause 2 of Article 39 of Decree No. 35/2021/NĐ-CP.

The inviting party posts the document clarifying E-PQID on the System at least two working days before the bidding deadline;

b) In case clarification of prequalification invitation documents is required, the investor sends a request for clarification to the inviting party or through the System at least five working days before the bidding deadline for consideration and handling. Clarification of prequalification invitation documents shall be carried out by the inviting party in one of the following ways:

- Posting the document clarifying on the System at least two working days before the bidding deadline;

- In case necessary, organizing a pre-bid conference to discuss the contents in the prequalification invitation documents that the investors are unclear about. The discussion contents must be recorded in minutes and established as a document clarifying the prequalification invitation documents; the clarifying document must be posted on the System;

c) The contents clarifying prequalification invitation documents, E-PQID shall not contradict the contents of the approved prequalification invitation documents, E-PQID. In case accepting requests for clarification of prequalification invitation documents, E-PQID leads to amending these documents, the amendment shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. Extending the bidding deadline:

In case the bidding deadline is extended on the System, the inviting party must post the extension notice along with the decision on the extension on the System, including the following information:

a) Reason for extension;

b) The bidding deadline after the extension.

Article 12. Shortlist for PPP Projects

1. Time of Publication:

a) The tenderer shall publish the shortlist on the System no later than 10 days from the date the shortlist is approved in accordance with point b, Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP.

b) For projects applying the competitive dialogue procedure as stipulated in Clause 1, Article 38 of the PPP Law, the tenderer shall publish the shortlist on the System no later than 10 days from the date the project approval decision is issued in accordance with point b, Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP.

2. Attached Documents:

The tenderer shall attach the following documents during the publication of the shortlist:

a) Decision approving the preliminary selection results for projects applying preliminary selection;

b) Decision approving the project for projects applying the competitive dialogue procedure as stipulated in Clause 1, Article 38 of the PPP Law;

c) Decision approving the shortlist for projects applying the competitive dialogue procedure as stipulated in Clauses 2 and 3, Article 38 of the PPP Law.

Article 13. Progress Monitoring Table for Investor Selection Activities for Business Investment Projects

The competent authority shall establish, grant permissions to subordinate agencies, specialized agencies to post and attach the decision approving the progress monitoring table for investor selection activities on the System within the latest five working days from the date the approval document is issued in accordance with Clause 5, Article 12 of Decree No. 115/2024/NĐ-CP, Clause 5, Article 11 of Decree No. 23/2024/NĐ-CP (amended at Clause 8, Article 66 of Decree No. 115/2024/NĐ-CP).

Article 14. Issuance, Amendment, Clarification of Tender Notice; Extension of Submission Deadline for Project Implementation Registration

1. Issuance:

The tender notice shall be issued free of charge simultaneously with the announcement of interest on the System. During the posting of the announcement of interest, the tenderer must attach the following documents:

a) Decision approving the tender notice;

b) The approved tender notice.

The tenderer shall not issue a paper version of the tender notice. In case the tenderer issues a paper version to investors, such paper version shall have no legal value for establishing and evaluating the project implementation registration dossier.

2. Amendment:

In case of amending the tender notice after issuance, the tenderer must post the following documents on the System:

a) Decision on amendment along with the amended contents of the tender notice;

b) The amended tender notice.

Such amendments must comply with the timeframes specified in Clause 3, Article 40 of Decree No. 115/2024/NĐ-CP, Clause 3, Article 39 of Decree No. 23/2024/NĐ-CP.

3. Clarification:

a) In case clarification of the tender notice is required, the investor must send a request for clarification to the tenderer on the System at least five working days before the deadline for submission of the project implementation registration dossier as stipulated in point a, Clause 4, Article 40 of Decree No. 115/2024/NĐ-CP, point a, Clause 4, Article 39 of Decree No. 23/2024/NĐ-CP;

b) The tenderer must post the document clarifying the tender notice on the System at least two working days before the deadline for submission of the project implementation registration dossier as stipulated in point b, Clause 4, Article 40 of Decree No. 115/2024/NĐ-CP, point b, Clause 4, Article 39 of Decree No. 23/2024/NĐ-CP;

c) The content of the clarification of the tender notice must not contradict the content of the tender notice already posted on the System. If clarification of the tender notice leads to the need to amend the tender notice, such amendment shall be carried out in accordance with Clause 2 of this Article.

4. Extension of Time for Submission of Project Implementation Registration Applications:

In case an extension of the submission deadline for the project implementation registration dossier is required, the tenderer shall post the extension notice along with the decision approving the extension on the System. The extension notice must clearly state the reasons for the extension and the new closing date.

Article 15. Shortlist for bidding projects applying limited tendering for business investment

The tenderer shall publicly post the approved shortlist and attach the approval decision on the System in accordance with the Project Implementation Progress Tracking Table.

Article 16. Issuance, amendment, clarification of tender documents; extension of bid submission deadline for PPP projects and business investment projects

1. Issuance of tender documents:

a) For PPP projects applying open tendering with prequalification and competitive dialogue as prescribed in Article 38 of the PPP Law, the tender documents shall be issued to investors listed in the shortlist on the System. Investors must submit a sum equivalent to the price of one set of tender documents when submitting their bids;

b) For PPP projects applying open tendering without prequalification, the tenderer shall post the tender documents free of charge and in full on the System;

c) For domestic business investment projects applying open tendering, the tender documents shall be issued free of charge on the System. The tenderer shall post the tender documents in full on the System;

d) For domestic business investment projects applying limited tendering, the tender documents shall be issued free of charge on the System to investors listed in the shortlist. The tenderer shall post the tender documents in full on the System;

e) For business investment projects applying international tendering, the tender documents shall be issued on the System. Investors must submit a sum equivalent to the price of one set of electronic tender documents when submitting their bids as prescribed in point a, Clause 9, Article 6, point c, Clause 2, Article 16 Decree No. 23/2024/ND-CP (amended at point a, Clause 11, Article 66 Decree No. 115/2024/ND-CP) and point a, Clause 9, Article 7, point c, Clause 2, Article 17 Decree No. 115/2024/ND-CP;

f) The tenderer shall not issue paper copies of the tender documents to investors. In case the tenderer issues paper copies to investors, such paper copies shall have no legal value for the preparation and evaluation of bid documents;

g) During the process of posting the tender announcement, the tenderer must attach the following documents:

- Decision approving the tender documents;

- Approved tender documents.

h) In case the content of the tender documents posted on the System differs from the approved content, the approved tender documents shall serve as the basis for preparing and evaluating bid documents.

2. Amendment of tender documents:

a) For PPP projects, in case of amending the tender documents after issuance, the decision to amend along with the amended contents of the tender documents shall be sent by the tenderer to investors in the shortlist for projects that have undergone prequalification and competitive dialogue or posted on the System for projects without prequalification;

b) For business investment projects, in case of amending the tender documents after issuance, the tenderer must post on the System the decision to amend along with the amended contents of the tender documents and the amended tender documents;

c) The posting of the amended content must comply with the time limit stipulated in Clause 10, Article 31 of Decree No. 35/2021/ND-CP for PPP projects, Clause 3, Article 16 of Decree No. 23/2024/ND-CP and Clause 3, Article 17 of Decree No. 115/2024/ND-CP for business investment projects. In case the posting time of the amended document does not meet this requirement, the tenderer must extend the bid submission deadline accordingly.

3. Clarification of tender documents:

a) For PPP projects applying open tendering with prequalification and competitive dialogue as prescribed in Article 38 of the PPP Law, investors must send a request for clarification to the tenderer at least seven working days (for domestic investor selection) or fifteen days (for international investor selection) before the bid submission deadline, for consideration and handling according to point a, Clause 4, Article 51 of Decree No. 35/2021/ND-CP. The clarification of tender documents shall be carried out by the tenderer in one of the following forms:

- Sending a clarification letter to investors in the shortlist;

- In case necessary, organizing a pre-bid conference to discuss unclear contents in the tender documents. The discussion content must be recorded in minutes and formed into a clarification letter sent to investors in the shortlist.

b) For PPP projects applying open tendering without prequalification, investors must send a request for clarification to the tenderer or through the System at least seven working days (for domestic investor selection) or fifteen days (for international investor selection) before the bid submission deadline, for consideration and handling according to point b, Clause 4, Article 51 of Decree No. 35/2021/ND-CP. The clarification of tender documents shall be carried out by the tenderer in one of the following forms:

- Posting the document clarifying on the System at least two working days before the bidding deadline;

- In case necessary, organizing a pre-bid conference to discuss unclear contents in the tender documents. The discussion content must be recorded in minutes and formed into a clarification letter; the clarification letter must be posted on the System at least two working days before the bid submission deadline.

c) For domestic business investment projects applying tendering, investors must send a request for clarification to the tenderer on the System at least seven working days before the bid submission deadline as prescribed in point a, Clause 4, Article 16 of Decree No. 23/2024/ND-CP (amended at point b, Clause 11, Article 66 Decree No. 115/2024/ND-CP) and point a, Clause 4, Article 17 of Decree No. 115/2024/ND-CP;

d) For international business investment projects applying tendering, investors must send a direct request for clarification to the tenderer at least fifteen days before the bid submission deadline as prescribed in point b, Clause 4, Article 16 of Decree No. 23/2024/ND-CP (amended at point b, Clause 11, Article 66 Decree No. 115/2024/ND-CP) and point b, Clause 4, Article 17 of Decree No. 115/2024/ND-CP;

đ) The tenderer shall clarify the tender documentation upon receiving a request for clarification within the time limit specified in point a of this clause and shall post the clarification of the tender documentation on the System at least two working days before the closing date for tenders as stipulated in point d of Clause 4, Article 16 of Decree No. 23/2024/NĐ-CP (amended by point b of Clause 11, Article 66 of Decree No. 115/2024/NĐ-CP) and point d of Clause 4, Article 17 of Decree No. 115/2024/NĐ-CP;

e) The content of the clarification of the tender documentation must not contradict the approved content of the tender documentation posted on the System. In cases where clarification of the tender documentation leads to the need to amend the tender documentation, such amendment shall be carried out in accordance with the provisions of Clause 2 of this Article;

g) For business investment projects, if necessary, the tenderer may organize a pre-tender conference to discuss the contents of the tender documentation that the investor does not understand clearly. The discussions between the tenderer and the investor must be recorded in a clarification document of the tender documentation by the tenderer and must be posted on the System at least two working days before the closing date for tenders as stipulated in point d of Clause 4, Article 16 of Decree No. 23/2024/NĐ-CP (point b of Clause 11, Article 66 of Decree No. 115/2024/NĐ-CP) and point d of Clause 4, Article 17 of Decree No. 115/2024/NĐ-CP.

4. Extending the bidding deadline:

In case of extending the closing date on the System, the tenderer shall post an extension notice accompanied by the decision on the extension on the System, specifying the following information:

a) Reason for extension;

a) The new closing date after the extension.

Article 17. Cancellation, Extension, Amendment of Posted Information

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

Article 18. Posting of Selection Results a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP.

b) For business investment projects, the tenderer shall post the selection results of investors and attach the approval decision on the System within five working days from the date the authorized person approves the selection results of investors in accordance with Clause 1, Article 28 of Decree No. 23/2024/NĐ-CP and Clause 1, Article 29 of Decree No. 115/2024/NĐ-CP.

Article 19. Responsibilities of Parties

1. Responsibilities of the competent authority, the authority deciding to organize the tender:

a) To fulfill the responsibilities as prescribed in Article 77 of the Bidding Law;

b) To post the information as prescribed in points a, b, and e of Clause 2, Article 7 of the Bidding Law;

c) To bear legal responsibility for the accuracy and truthfulness of the information registered and posted on the System when logging in with their System Participation Account;

đ) To manage and be responsible for assigning permissions to corresponding Business Accounts based on their roles; to manage the use of digital certificates on the System.

d) They shall check and confirm the publication of their information on the System;

2. Responsibilities of investors during the tendering process:

a) Investors are responsible for the accuracy of the information declared on the web form and attached files during the tendering process. Investors enter information as required by E-KSQT, E-HSMST and attach relevant files to create E-HSQT, E-HSDST for PPP projects;

b) Investors are responsible for studying E-KSQT, E-HSMST for PPP projects they are interested in to prepare E-HSQT, E-HSDST in accordance with the requirements of E-KSQT, E-HSMST. If E-KSQT, E-HSMST contain unclear contents causing difficulties for investors in preparing E-HSQT, E-HSDST, investors must request the tenderer to clarify E-KSQT, E-HSMST so that the tenderer can amend and supplement these documents appropriately;

c) Investors are responsible for monitoring and updating information on the System for projects they are interested in or participating in. In cases where errors occur due to failure to monitor and update information on the System leading to disadvantages for investors during the tendering process, including changes, amendments to E-KSQT, E-HSMST, submission deadlines for E-HSQT, E-HSDST, clarification deadlines for E-HSQT, E-HSDST, and other contents, investors must bear the consequences and disadvantages themselves during the tendering process;

d) In cases where the legal representative of the investor authorizes the branch manager, subsidiary general manager, factory director, or head of dependent accounting units to perform tasks during the tendering process, participation in the tendering process on the System must be conducted using the investor's System Participation Account and not the accounts of branches, subsidiaries, factories, or other dependent units. If the investor uses the account of a branch or dependent unit (dependent accounting unit), the investor will be deemed non-compliant with the eligibility criteria as stipulated in Clause 1, Article 5 of the Bidding Law;

đ) To fulfill other responsibilities including:

- Registering to participate in the System to ensure compliance with the eligibility criteria as stipulated in point d of Clause 1, Article 5 of the Bidding Law;

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

- Managing the System Participation Account and digital certificates registered on the System.

- Manage accounts participating in the System, digital certificates registered on the System.

Chapter III

IMPLEMENTATION

Article 20. Amending and supplementing certain provisions of Circular No. 02/2024/TT-BKHĐT dated March 6, 2024, issued by the Minister of Planning and Investment on training, capacity building, examination, issuance, revocation of certificates for professional expertise in public procurement.

1. Supplement "Pursuant to Decree No. 115/2024/NĐ-CP dated September 16, 2024, of the Government detailing certain provisions and measures to implement the Law on Public Procurement regarding the selection of investors for investment projects using land" in the legal basis section of the Circular.

2. Supplement Point d Clause 1 Article 7:

"d) Individuals participating in the expert team or evaluation team in public procurement for selecting investors for investment projects using land as stipulated in Clause 4 Article 1 of Decree No. 115/2024/NĐ-CP dated September 16, 2024, of the Government detailing certain provisions and measures to implement the Law on Public Procurement regarding the selection of investors for investment projects using land."

3. Amend Section IV Part B Appendix 1 attached to the Circular:

a) Change the title of Special Topic 4 from "Procurement process and procedures for selecting investors for business investment projects" to "Procurement process and procedures for selecting investors for projects required to be tendered according to industry and sector laws."

b) Amend Clause 1:

"1. Overview of projects required to be tendered according to industry and sector laws."

4. Amend Section V Part B Appendix 1 attached to the Circular:

Change the title of Special Topic 5 from "Procurement process and procedures for selecting investors for investment projects using" to "Procurement process and procedures for selecting investors for investment projects using land."

Article 211. For applications and files received by competent authorities before the date this Circular takes effect but not yet resolved, such authorities shall continue to process them according to the laws applicable at the time of receipt.

For PPP projects, from the date this Circular takes effect as provided for in Clause 2 Article 23 of this Circular, the following transitional provisions shall apply:

1. In cases where PPP projects have not yet issued the E-HSMST, prequalification documents, negotiation invitation documents, or tender invitation documents, they must establish the E-HSMST, prequalification documents, negotiation invitation documents, and tender invitation documents in accordance with the provisions of this Circular.

2. For PPP projects that have already issued tender invitation documents but have not yet approved the results of investor selection by the date this Circular takes effect, continue evaluating tender proposals based on the tender invitation documents already issued. Subsequent procedures and processes for PPP projects shall be carried out in accordance with the PPP Law and Decree No. 35/2021/NĐ-CP.

Article 22. Effective date

This Circular takes effect from the date of issuance, except for the provision in Clause 2 of this Article.

The provision in Article 5 of this Circular takes effect from November 15, 2024.

From the date this Circular takes effect as provided for in Clause 1 and Clause 2 of this Article, the following Circulars shall cease to be effective:

a) Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, issued by the Minister of Planning and Investment guiding the selection of investors for PPP projects and investment projects using land.

b) Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision of information and investor selection on the National Public Procurement Network.

c) Clause 6 Article 5 of Circular No. 21/2022/TT-BKHĐT dated September 30, 2022, issued by the Minister of Planning and Investment detailing the preparation of tender documents for non-advisory service packages under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland.

d) Circular No. 03/2024/TT-BKHĐT dated March 6, 2024, issued by the Minister of Planning and Investment detailing the model tender documents for selecting investors for projects required to be tendered according to industry and sector laws.

đ) Circular No. 10/2024/TT-BKHĐT dated June 12, 2024, issued by the Minister of Planning and Investment amending certain provisions of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, issued by the Minister of Planning and Investment guiding the selection of investors for PPP projects and investment projects using land, and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision of information and investor selection on the National Public Procurement Network.

4. During the period when the Ministry of Industry and Trade has not issued tender documents as prescribed in Point c Clause 2 Article 74 of Decree No. 115/2024/NĐ-CP, the content of the tender documents shall be prepared based on the application of the models specified in Appendices VIII, IX, X, XI, and XII attached to this Circular, but must comply with the public procurement law, electricity law, other relevant laws, ensuring competition, fairness, transparency, economic efficiency, and accountability.

5. During implementation, if there are any difficulties related to the provisions of this Circular, ministries, ministerial-level agencies, government agencies, provincial people's committees, and related agencies and organizations shall send their opinions to the Ministry of Planning and Investment for timely review and guidance.