Circular No. 16/2022/TT-BKHĐT revoking Circular No. 08/2022/TT-BKHĐT dated May 31, 2022, issued by the Minister of Planning and Investment detailing the provision and publication of information on public procurement and the selection of contractors on the National Public Procurement Network System and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision and publication of information and the selection of investors on the National Public Procurement Network System.

CIRCULAR

Suspension of Effectiveness of Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Minister of Planning and Investment detailing the provision of information on public procurement and the selection of contractors on the National Public Procurement Network and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network

Pursuant to the Law on Public Investment Management dated June 8, 2020;

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

Pursuant to the Law on Legal Documents dated June 22, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Legal Documents dated June 26, 2014;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government guiding the implementation of the Law on Public Procurement regarding the selection of contractors;

Pursuant to Decree No. 10/2020/NĐ-CP dated February 28, 2020 of the Government guiding the implementation of one article of the Law on Public Procurement regarding the selection of investors;

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WHEREAS,ứ Law Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government guiding the detailed implementation and guidance for the implementation of the Law on Public Investment under the Public-Private Partnership Model;a) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầPursuant to Decree No. 57/2017/NĐ-CP dated December 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;June 2024;energy 11 in 2013;

Camendn cứ The Ministry of Planning and Investment issues this Circular suspending the effectiveness of Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Minister of Planning and Investment detailing the provision of information on public procurement and the selection of contractors on the National Public Procurement Network and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network.ng1. For Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Minister of Planning and Investment detailing the provision of information on public procurement and the selection of contractors on the National Public Procurement Network: 1a) Suspends its effectiveness from August 1, 2022 to September 15, 2022, except for the provisions on the phased application of online public procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37.amendb) Suspends the provisions on the phased application of online public procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37 from August 1, 2022 to January 1, 2023.

2. For Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and the selection of investors on the National Public Procurement Network, it suspends its effectiveness from August 1, 2022 to September 15, 2022.1. During the suspension period of Circulars No. 08/2022/TT-BKHĐT and No. 10/2022/TT-BKHĐT, the following legal documents and regulations continue to be effective: a) Circular No. 01/2015/TT-BKHĐT dated February 14, 2015 of the Minister of Planning and Investment detailing the preparation of tender invitation documents, tender documents, and service consultancy request documents. monthg 11 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender documents.

Camendc) Circular No. 05/2015/TT-BKHĐT dated June 16, 2015 of the Minister of Planning and Investment detailing the preparation of goods procurement tender documents.amendnn ld) Circular No. 14/2016/TT-BKHĐT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of non-consultancy service tender documents.periodđ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Public Procurement Network. Law e) Circular No. 05/2018/TT-BKHĐT dated December 10, 2018 of the Minister of Planning and Investment detailing the preparation of bid evaluation reports for public procurement packages organized through the National Public Procurement Network.amend2015;

Camendg) Circular No. 11/2019/TT-BKHĐT dated December 16, 2019 of the Minister of Planning and Investment detailing the provision of information on public procurement, phased application of online contractor selection, and management and use of bid security and performance bond not refundable.h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing certain articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Public Procurement Network. đ, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPi) Articles 7, 8, 9, 10, and 13 of Circular No. 06/2020/TT-BKHĐT dated September 18, 2020 of the Minister of Planning and Investment guiding the implementation of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing certain articles of the Law on Public Procurement regarding the selection of investors.amendnn ld) Circular No. 14/2016/TT-BKHĐT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of non-consultancy service tender documents.periodđ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Public Procurement Network. lk) Clause 4, Article 8 of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021 of the Minister of Planning and Investment guiding the selection of investors for projects implemented under the Public-Private Partnership model and projects using land.organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. dated 1a) Suspends its effectiveness from August 1, 2022 to September 15, 2022, except for the provisions on the phased application of online public procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37.amendb) Suspends the provisions on the phased application of online public procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37 from August 1, 2022 to January 1, 2023.

2. For goods procurement packages divided into several parts:01a) For procurement packages that have issued tender documents before January 1, 2023, the selection of contractors shall be carried out according to the issued tender documents and relevant laws in effect at that time;tob) Starting from January 1, 2023, for approved procurement packages that have not yet issued tender documents, the selection of contractors through the network shall be conducted based on the phased plan stipulated in Article 37 of Circular No. 08/2022/TT-BKHĐT. In this case, the authorized person does not need to adjust the procurement plan.This Circular takes effect from August 1, 2022./.g 6 namendm 2014 of Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, defining detailed implementation of thitoo implement m|||/NĐ-CP dated March 29, 2021 of the Government on administrative sanctions in the field of culture and advertising which has been amended and supplemented by 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. of the Law Procurement concerning selection of contractors;

/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;5/2020/NĐ-CP dated February 28, 2020 of the Government detailing implementation of some number provisions of the Law onDeputy ministers of ministerial-level agencies,No. 99/2019/NĐ-CP dated December 30, 2019t TProcurement regarding selection of investors;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsucting Decision No. 35/202on -CP dated March 29, 2021 of the Government detailing and guiding implementation of the Law

on InvestmentcouncillORSMethods of Public-Private Partnership;1/N |||3. Amend Clause 3 Article 2 as follows:ứ Decision No. 7/2020/NĐ-CP dated MayJune 2024;25, 2020 of the Government stipulating functions,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, tasks, powers and organizational structure of the Ministry of Planning and Investment; The General Department of Government Procurement under the Ministry of Planning and Investment issues this Circular to terminate the effectiveness of Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Minister of Planning and Investment detailing the provision of information and posting of information on procurement and selection of contractors on the National Procurement Network System; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.concerning the classification and determination of state management authority in the field of crop production ENVIRONMENTAverage loan repayment period is 10 years;and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and posting of information and selection of investors on the National Procurement Network System.No.1. As for Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Minister of Planning and Investment detailing the provision of information and posting of information on procurement and selection of contractors on the National Procurement Network System:

CamendFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. specialized agency under the People's Committee of the province/city.a) Terminate its effectiveness from August 1, 2022 to September 15, 2022, except for the provisions on the phased application of online procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37.councillORSealth number 86/201b) Terminate the effectiveness of the provisions on the phased application of online procurement for goods procurement packages divided into several parts as stipulated in Clause 1, Article 37 from August 1, 2022 to January 1, 2023.y 2. As for Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision of information and posting of information and selection of investors on the National Procurement Network System, it shall be terminated from August 1, 2022 to September 15, 2022. 7 For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.amend1. During the period when Circular No. 08/2022/TT-BKHĐT and Circular No. 10/2022/TT-BKHĐT are suspended, the following legal documents and regulations continue to be effective:1a) Circular No. 01/2015/TT-BKHĐT dated February 14, 2015 of the Minister of Planning and Investment detailing the preparation of tender invitation documents, tender documents, and request for proposal documents for consultancy services. for b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of tender documents for construction works.amendc) Circular No. 05/2015/TT-BKHĐT dated June 16, 2015 of the Minister of Planning and Investment detailing the preparation of tender documents for goods procurement. BASEDd) Circular No. 14/2016/TT-BKHĐT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of tender documents for non-consultancy services.to đ) Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Procurement Network System.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairse) Circular No. 05/2018/TT-BKHĐT dated December 10, 2018 of the Minister of Planning and Investment detailing the preparation of bid evaluation reports for procurement packages selected through the National Procurement Network System.ứg) Circular No. 11/2019/TT-BKHĐT dated December 16, 2019 of the Minister of Planning and Investment detailing the provision and posting of procurement information, phased application of online procurement, and management and use of bid security and performance bond that are not refundable.||| Kpolicies h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing some articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network System.

At the proposal of the Department organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of this Decree shall take effect from January 1, 2026.”ini) Articles 7, 8, 9, 10, and 13 of Circular No. 06/2020/TT-BKHĐT dated September 18, 2020 of the Minister of Planning and Investment guiding the implementation of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing implementation of some provisions of the Law on Procurement concerning the selection of investors.n l- - Cooling capacity not exceeding 21.10 kW k) Clause 4, Article 8 of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021 of the Minister of Planning and Investment guiding the selection of investors for implementing investment projects under the Public-Private Partnership method and investment projects using land.c) In cases where amendments are made to the provisions stated in the tender document form, organizations and individuals responsible for preparing, reviewing, and approving the tender documents must ensure that such amendments are stricter than those stated in the tender document form and comply with the regulations of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. In the proposal for approval of the tender document, the contents of the amendments compared to the provisions in the tender document form and the reasons for the amendments must be clearly stated for the project owner to consider and decide.

Minister of thein2. For goods procurement packages divided into several parts:nga) For procurement packages that have issued tender documents before January 1, 2023, the selection of contractors will be carried out according to the issued tender documents and corresponding laws in effect at that time;amendb) From January 1, 2023, for procurement packages that have been approved but not yet issued tender documents, online procurement selection of contractors will be conducted based on ensuring the phased application as stipulated in Article 37 of Circular No. 08/2022/TT-BKHĐT. In this case, the competent authority does not need to adjust the procurement plan.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầThis Circular takes effect from August 1, 2022./.ầon the National Procurement Network Systemia and Circular NUMBER 110/2022/TT-BKHĐTHissued on June 15,amend2022 by the Minister of Planning and Investmentinng B||| and Investmentầdetailing the provision, uploading, and downloading of information and the selection of investors on the National Procurement Network Systemof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsp, đamendand informationngand selecting investors on the National Procurement Network System.No.for procurementof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsbidding at the national level.

Article 1. Cease the implementation

1. With respect to Circular No. 08/2022/TT-BKHĐT dated May 31, 2022, issued by the Minister of Planning and Investment detailing the provision, uploading of information on procurement bidding and the selection of contractors on the National Procurement Network System:

a) Suspends its effect from August 1, 2022 to September 15, 2022, except for the provisions regarding the phased implementation of online procurement bidding for goods procurement packages divided into multiple parts as stipulated in Clause 1, Article 37.

b) Suspends the effect of the provisions regarding the phased implementation of online procurement bidding for goods procurement packages divided into multiple parts as stipulated in Clause 1, Article 37 from August 1, 2022 to January 1, 2023.

2. With respect to Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision, uploading of information and the selection of investors on the National Procurement Network System, it suspends its effect from August 1, 2022 to September 15, 2022.

Article 2. Transitional Provisions

1. During the period when Circular No. 08/2022/TT-BKHĐT and Circular No. 10/2022/TT-BKHĐT are suspended, the following legal documents and regulations continue to be effective:

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

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

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

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

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

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

g) Circular No. 11/2019/TT-BKHĐT dated December 16, 2019, issued by the Minister of Planning and Investment detailing the provision, uploading of information on procurement bidding, phased implementation of online contractor selection, and management and use of bid security and performance bond that is not refundable.

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

i) Articles 7, 8, 9, 10, and 13 of Circular No. 06/2020/TT-BKHĐT dated September 18, 2020, issued by the Minister of Planning and Investment guiding the implementation of Decree No. 25/2020/NĐ-CP dated February 28, 2020, issued by the Government detailing the implementation of certain provisions of the Law on Procurement concerning the selection of investors.

k) Clause 4, Article 8 of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, issued by the Minister of Planning and Investment guiding the selection of investors to implement PPP projects and investment projects using land.

2. For goods procurement packages divided into multiple parts:

a) For procurement packages that have issued tender documents before January 1, 2023, the selection of contractors shall be carried out according to the tender documents issued and the applicable laws in force at that time;

b) From January 1, 2023, for procurement packages that have been approved but have not yet issued tender documents, the selection of contractors through the network shall be organized based on ensuring the phased implementation as stipulated in Article 37 of Circular No. 08/2022/TT-BKHĐT. In this case, the authorized person does not need to adjust the procurement plan.

Article 3. Effectiveness

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