Circular No. 17/2010/TT-BKH detailing pilot online bidding

CIRCULAR

Detailed Provisions on Pilot Online Bidding

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005, and the Law Amending and Supplementing Certain Articles of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;

||| Pursuant to Decree No. 63/2018/NĐ-CP dated May 4, 2018 of the Government on public-private partnership investment;

Pursuant to Government Decree No. 85/2009/NĐ-CP dated October 15, 2009 guiding the implementation of the Bidding Law and the selection of contractors under the Construction Law;

Pursuant to Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Electronic Transactions Law regarding digital signatures and digital signature certification services;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment promulgates detailed provisions on pilot online bidding as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Pilot online bidding shall be implemented for consultancy service contracts, procurement of goods, and construction works with tendering methods being open tendering, selective tendering, and domestic competitive bidding.

2. When implementing online bidding, the following contents of the tender selection process shall be carried out through the Internet:

a) Publishing the bidding plan (hereinafter referred to as KPDT);

b) Notifying the invitation to submit expressions of interest, prequalification notification, tender invitation, and request for quotation;

c) Issuing the expression of interest invitation form (hereinafter referred to as HSMTQ), prequalification invitation form (hereinafter referred to as HSMSQ), tender invitation form (hereinafter referred to as HSMT), and request for proposal form (hereinafter referred to as HSYC);

d) Submitting the expression of interest form (hereinafter referred to as HSQT), prequalification application form (hereinafter referred to as HSDSQ), tender submission form (hereinafter referred to as HSDT), and proposal submission form (hereinafter referred to as HSĐX);

đ) Opening bids, opening HSĐX (bid opening minutes, HSĐX opening minutes);

e) Announcing the results of the tender selection;

g) Publishing information about contractors violating bidding laws.

Article 2. Applicability

1. The pilot online bidding shall be implemented at three (03) agencies: the People's Committee of Hanoi City, Vietnam Post and Telecommunications Corporation, and Vietnam Electricity Corporation (hereinafter referred to as pilot agencies).

a) The project owner and tenderer under the pilot agencies mentioned in Clause 1 of this Article shall be responsible for implementing the contents specified in Points a, b, e, and g of Clause 2, Article 1 of this Circular.

b) Each pilot agency shall select a minimum of five (05) procurement contracts for goods, three (03) consultancy service contracts, and three (03) construction contracts with tendering methods being domestic competitive bidding, open tendering, and selective tendering to apply the pilot online bidding as stipulated in Clause 2, Article 1 of this Circular.

2. Agencies and organizations not falling within the scope specified in Clause 1 of this Article are encouraged to apply online bidding in accordance with this Circular.

Article 3. Explanation of Terms

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

1. Online bidding also known as electronic bidding, is the process of using information technology network systems (Internet) and computing devices to implement the selection of contractors in accordance with the law on bidding.

2. Online bidding system (hereinafter referred to as the System) includes server systems, computing devices (hardware), and software applications installed on servers (software) located at the address http://muasamcong.mpi.gov.vn to conduct online bidding.

3. System operator is the Department of Tender Management, Ministry of Planning and Investment.

4. Service provider for digital signature certificates used in the System during the pilot phase is the Department of Tender Management, Ministry of Planning and Investment.

5. Electronic document Electronic document

6. (hereinafter referred to as electronic document) is a document prepared, sent, received, and stored on the System, including: KPDT, HSMTQ, HSQT, HSMSQ, HSDSQ, HSMT, HSDT, HSYC, HSĐX, and other electronic documents exchanged between the tenderer and contractor during the tender selection process. Digital certificate used in online bidding

7. (hereinafter referred to as digital certificate) is an electronic certification issued by the service provider for digital signature certificates to conduct online bidding on the System. A valid digital certificate is one that has not expired, is not suspended, revoked, or canceled. Asymmetric cryptographic system

8. is a cryptographic system capable of generating a key pair consisting of a private key and a public key. Digital signature used in online bidding

9. (hereinafter referred to as digital signature) is an electronic signature created by transforming an initial message data using an asymmetric cryptographic system, whereby the person with the original message data and the public key of the signer can accurately determine that the transformation was created using the correct private key corresponding to the public key in the same key pair and the integrity of the message data from the time of the transformation. In the System, the digital signature is used to confirm the name of the person signing the electronic document and establish the legal validity of the electronic document. Key

10. is a binary number sequence used in cryptographic systems. Private key

11. Public Key is a key in the key pair of an asymmetric cryptographic system used to create a digital signature.

12. Public key is a key in the key pair of an asymmetric cryptographic system used to verify a digital signature created by the corresponding private key in the same key pair.

13. Revoking a digital certificate is making a digital certificate permanently invalid from a specific point in time.

14. Group of Telecommunication and Electronic Multimedia Equipment Password for the private key of a digital certificate

15. is a password used together with the digital certificate to log into the System. Computing device

16. (hereinafter referred to as computing device) is a device installed in the System to send, receive, store electronic documents, and process information. Tenderer

17. is an organization registered in the System and accepted as a tenderer according to the law on bidding to organize online bidding. Contractor

18. is an organization registered in the System and accepted as a contractor to carry out online bidding activities. System user

19. (hereinafter referred to as user) includes the tenderer, contractor, and System operator. Agency code

20. of the tenderer in the System is the code number assigned by the Ministry of Finance pursuant to Decision No. 90/2007/QĐ-BTC dated October 26, 2007, of the Minister of Finance. In cases where the tenderer has not been assigned a code number under the above decision, the agency code of the tenderer is self-established by the System. Guide for tenderers

Article 4. Validity of electronic documents

1. Electronic documents traded through the System with the digital signature of the authorized representative are legally valid and have the same effect as paper documents.

2. An electronic document sent to the server is only considered successfully sent when the server receives it. After receiving, the server will confirm successful receipt to the sender.

3. The time of sending and receiving electronic documents through the System is determined based on the time recorded on the System's server.

Article 5. Legitimacy of the tenderer and contractor

1. When organizing online bidding, the tenderer must register to participate in the System to obtain a digital certificate as prescribed in Article 16 of this Circular.

2. When participating in online bidding, the contractor must register to participate in the System to obtain a digital certificate as prescribed in Article 17 of this Circular.

Article 6. Tender guarantee

Contractors participating in bidding must implement tender guarantees as stipulated in the Bidding Documents.

In cases where the Bidding Documents specify tender guarantees in the form of bank transfers, the tenderer must guide contractors to transfer funds into the tenderer’s account according to the account number provided in the tender announcement on the System.

In cases where tender guarantees are in the form of bank guarantees, contractors must scan the bank guarantee and attach it when submitting the Bid Submission Document.

Article 7. Change in tendering status

If a contractor needs to change their name for participation in bidding or competitive quotation compared to when they received the Bidding Documents, they must notify the tenderer in writing before the bid closing time or the deadline for submission of the Prequalification Document.

If a contractor needs to change from an independent entity to a consortium, all contractors in the consortium must create a consortium agreement online following the User Guide for Contractors under the Usage Guidelines section on the System homepage and submit it to the tenderer before the bid closing time or the deadline for submission of the Prequalification Document.

Article 8. Provisions on file format

To facilitate recipients, tenderers, and contractors, when uploading attached files to the System, they must use common file formats such as: MS Word, pdf; jpg; font: Unicode. In cases requiring specialized file formats, tenderers and contractors are responsible for providing corresponding software to open and read these files.

Detailed provisions on file formats are available in the User Guide for Tenderers and the User Guide for Contractors.

Article 9. Errors related to attached files

If the electronic document submitted by the contractor in the form of an attached file cannot be opened or read, the tenderer shall prepare a record and send it to the contractor and the System Operating Authority, then open the Qualification Document, Prequalification Document, Bid Submission Document, and Bid Document Reserve (if any) of the contractor to retrieve the corresponding file from the CD. If the file on the CD still cannot be read, the tenderer shall handle it in one of the following ways:

1. If the file is set with a secret code or lacks fonts or suitable software to open and read, the tenderer must inform the contractor and request that within a maximum period of four hours, the contractor provide the secret code, font, or suitable software to open and read the file. Upon expiration of this period, if the contractor does not provide it, the tenderer shall prepare a record confirming the error status of the contractor's electronic document. At that point, if the faulty file is a basic component of the Qualification Document, Prequalification Document, Bid Submission Document, or Bid Document, the contractor will be disqualified; if the faulty file is not a basic component, the tenderer will require the contractor to supplement a corresponding file that can be opened and read.

2. If the file cannot be opened or read and does not fall under the reasons specified in Clause 1 of this Article but is a basic component of the Qualification Document, Prequalification Document, Bid Submission Document, or Bid Document, the contractor will be disqualified; if it is not a basic component, the tenderer will require the contractor to supplement a corresponding file that can be opened and read.

Article 10. Provisions on maintenance and upkeep of the System

In cases where the Operating Authority temporarily suspends service provision for maintenance, upkeep, inspection, or replacement of equipment within the System, there shall be a minimum 15-day advance notice posted on the System to inform relevant agencies and organizations. At that time, the System will automatically extend the tender closing and opening deadlines as stipulated in Article 11 of this Circular.

Article 11. Automatic Extension of Tender Closing and Opening Deadlines

In cases where the System temporarily suspends service provision for maintenance, upkeep, or due to uncontrolled errors, the System will automatically extend the tender closing and opening deadlines as follows:

1. The downtime period of the System shall be calculated from the time the Operating Authority suspends services for maintenance, upkeep, or from the time the System experiences an error until the Operating Authority announces completion of maintenance, upkeep, or resolution of the error. After completing maintenance, upkeep, or resolving the error, the Operating Authority must announce on the System and continue providing services as prescribed.

2. The entities eligible for extension are tenders with closing or opening deadlines falling within the downtime period of the System.

3. Extension Period:

a) In cases where the System is suspended at the time of tender closing or opening, the new tender closing and opening deadlines will be postponed to three hours after the announcement that the System has resumed service provision.

b) If the new tender closing deadline exceeds the working hours of the day, the tender closing time will be automatically extended to 9:00 AM on the next working day.

c) If the tender closing deadline falls after and within three hours of the announcement that the System has resumed service provision, the new tender closing and opening deadlines will be extended by an additional three hours.

d) If the System is suspended after the tender closing deadline but before the tender opening deadline, the new tender opening deadline will be extended by three hours from the time of the announcement that the System has resumed service provision.

4. In cases where it is not possible to conduct the tender opening according to the automatically extended time, the tender inviter shall directly extend the deadline according to the User Guide for Tender Inviters on the System, and such extension must be posted on the System and an email notification sent directly to participating bidders.

5. In cases where the System downtime exceeds five working days, the tender inviter may decide based on the actual situation of the tender package to proceed with the remaining steps of the bidding process in the usual manner, but after the System resumes normal operation, the tender inviter must enter the bidder selection results of that tender package into the System.

6. In cases where the System automatically extends the tender closing deadline, bidders do not need to extend the validity period of the Bid Security Deposit and Bid Guarantee if these validity periods meet the requirements set out in the Tender Invitation Document and Supplementary Documents issued.

Article 12. Conditions for Information Technology Infrastructure of Users

To use the System, users' information technology support must meet the following minimum requirements:

1. Internet connection:

a) Internet connection to the System;

b) Open ports: 8070, 8080, 8081, 8082, 4502, 4503, 9000.

2. Computer configuration:

a) Operating system: Windows XP, Windows Vista, Windows 7;

b) Internet Explorer browser: version 6.0 or higher;

c) Screen resolution: 1024 x 768 or higher.

Article 13. Contents of information published on the System

1. The following bidding-related information shall be entered and published on the System:

a) Bidding announcement;

b) Notifying the invitation to submit expressions of interest, prequalification notification, tender invitation, and request for quotation;

c) Shortlist;

d) Prequalification documents, prequalification results, tender documents, evaluation criteria;

đ) Bid selection results;

e) Information about contractors violating bidding laws.

2. During the pilot phase, information published on the System shall have the same legal value as that published in the Bidding Newspaper.

Article 14. Searching for information on the System

1. Inviting bidders, contractors, and interested parties may search for the following information on the System:

a) Information about contractors in the contractor database (for inviting bidders);

b) Information as prescribed in Clause 1 of Article 13 of this Circular.

2. The search process for the information specified in Clause 1 of this Article should be reviewed in the "Usage Guide" section on the main page of the System (search guide section).

Chapter II

USER REGISTRATION FOR THE SYSTEM

Article 15. Registration to join the System

1. Users who are inviting bidders or contractors wishing to participate in online bidding must register to join the System according to the provisions set forth in Articles 16 and 17 of this Circular. Detailed steps for implementation should be reviewed in the "Guide for registering users as inviting bidders" and "Guide for registering users as contractors," which are posted on the "Usage Guide" section of the System's main page.

2. In case of successful registration, the user will be issued a digital certificate to log into the System and perform online bidding transactions on the System. Successful registration into the System occurs when the registrant successfully logs into the System using the issued digital certificate.

Article 16. Procedure for registering users as inviting bidders

1. Joining the System

The procedure for joining the System as an inviting bidder includes the following steps:

a) Filling out information on the System and submitting the registration dossier directly or via official correspondence to the System Operator.

b) Registration documents include:

- Application form for issuance of a digital certificate according to the template (generated by the System during the information filling process);

- Certified copy of the Decision on Establishment or Business Registration Certificate of the organization for the first-time request for a digital certificate;

- Certified copy of the notification of agency code (if applicable) pursuant to Decision No. 90/2007/QD-BTC dated June 20, 2007, of the Minister of Finance;

- Certified copy of the identification card of the legal representative of the agency or organization applying for registration.

2. Processing the registration dossier

Within three working days from receipt of the registration dossier, the System Operator will check the accuracy of the electronic registration form on the System and the paper registration dossier submitted by the inviting bidder. If the dossier is valid, the System Operator will accept the inviting bidder's participation in the System and confirm it on the System; if the dossier is inaccurate or incomplete, the System Operator will notify the reasons on the System for the inviting bidder to supplement and amend the dossier and registration form accordingly.

3. Checking the processing result

The inviting bidder is responsible for checking the status of the processing result on the System. Upon acceptance to join the System, the inviting bidder will receive the approval code for the digital certificate and reference number to download the digital certificate from the System.

4. Registering user information for the digital certificate

The inviting bidder enters the approval code for the digital certificate and reference number into the System to download the digital certificate. Subsequently, the inviting bidder must register user information for the digital certificate into the System.

5. Logging into the System

After receiving the digital certificate, the inviting bidder logs into the System and performs the rights of a user as an inviting bidder.

Article 17. Procedure for registering as a contractor

1. Joining the System

The procedure for participating in the System as a contractor includes the following steps:

a) Filling out information on the System and submitting the registration dossier directly or via official correspondence to the System Operator.

b) Registration documents include:

- Application form for issuing a digital certificate according to the template (generated by the System during the information declaration process);

- Certified copy of the Decision on Establishment or Business Registration Certificate of the organization for the first-time request for a digital certificate;

- A copy of the legal representative's identification card of the registering organization.

2. Processing the registration dossier

Within three working days from the date of receiving the registration application, the System Operating Authority checks the accuracy of the declared information on the System with the submitted registration dossier. If the declared information on the System is accurate, the System Operating Authority confirms it on the System; if the declared information on the System is inaccurate or incomplete, the System Operating Authority notifies the reasons on the System so that the contractor can supplement and amend the registration dossier accordingly.

3. Checking the processing result

The contractor is responsible for checking the status of the processing results on the System. In case of acceptance to participate in the System, the contractor receives the approval code for the digital certificate and the reference number to download the digital certificate from the System.

4. Registering user information for the digital certificate

The contractor enters the approval code for the digital certificate and the reference number into the System to download the digital certificate. Subsequently, the contractor must register the user information for the digital certificate on the System.

5. Logging into the System

After being issued the digital certificate, the contractor logs into the System and performs the rights of a user as a contractor.

Chapter III

DIGITAL CERTIFICATE

Article 18. General provisions on digital certificates

1. Digital certificates used in online bidding include the following contents:

a) Name of the service provider issuing the digital signature certificate;

b) Name of the organization or entity using the digital certificate;

c) Number of the digital certificate;

d) Validity period of the digital certificate;

đ) Public key of the digital certificate user;

e) Digital signature of the service provider issuing the digital signature certificate;

g) Purposes of using the digital certificate;

h) Other information for management, use, security, and confidentiality purposes as prescribed by the service provider issuing the digital signature certificate.

2. The validity period of the digital certificate is one year from the date of issuance. Users may extend the validity period of the digital certificate by renewing the digital certificate or extending the key of the digital certificate in accordance with Articles 20 and 21 of this Circular.

Article 19. Use of digital certificates in online bidding

1. Digital certificates issued by the service provider for use in the System are divided into three types as follows:

a) Personal digital certificates issued to authorized staff participating in the System operation. The System Operating Authority is responsible for managing these personal digital certificates.

b) Organizational digital certificates issued to tenderers and contractors to participate in online bidding activities. Organizational digital certificates are issued to tenderers and contractors when they register to participate in the System in accordance with Articles 16 and 17 of this Circular.

c) Digital certificates are generated for each tender package. When posting tender notices or invitation to bid notices, the tenderer will be automatically issued a digital certificate and a corresponding key pair by the System to encrypt and decrypt tender documents and bids during the selection process.

2. Individuals and organizations holding digital certificates may only use them for the purposes specified in point g, Clause 1, Article 18 of this Circular. During the pilot phase, digital certificates issued by the Bidding Management Department, Ministry of Planning and Investment are only used within the System.

Article 20. Extension of Digital Certificate

1. The user may extend the usage period for a digital certificate that has not been revoked by extending the digital certificate. Upon extension, the new usage period of the digital certificate will be the extended time from the date of extension, and the key pair of the digital certificate will remain unchanged.

2. During the pilot phase, users may self-extend their own digital certificates, with each extension period being one year.

3. The extension process must be carried out within thirty days prior to the expiration date of the digital certificate. Detailed steps for implementation are available in the User Guide published on the main website of the System.

Article 21. Extension of Keys of Digital Certificate

1. The user may extend the usage period for a digital certificate by extending its keys. Upon extension, the new usage period of the digital certificate will be the extended time from the date of extension, and the key pair of the digital certificate will be changed.

2. During the pilot phase, users may self-extend the keys of their own digital certificates, with each key extension period being one year.

3. The extension of keys for digital certificates must be carried out within thirty days prior to the expiration date of the digital certificate. Detailed steps for implementation are available in the User Guide published on the main website of the System.

Article 22. Revocation of Digital Certificate

1. Revocation of a digital certificate shall be carried out in the following cases:

a) Discovery or suspicion that the corresponding secret key of the digital certificate has been lost, damaged, stolen, or illegally copied;

b) The individual assigned by the organization to use the digital certificate to participate in the System no longer works at the organization or has transferred to another position;

c) There is no need to use the digital certificate.

2. During the pilot phase, users may self-revoke their own digital certificates. The revocation effect of the digital certificate will take place immediately after the System automatically updates the list of revoked digital certificates at 11:00 AM and 11:00 PM daily.

3. A digital certificate can only be revoked when it is still valid. Detailed steps for revoking a digital certificate are available in the User Guide published on the main website of the System.

Article 23. Change of Device Storing Digital Certificate

1. Users are responsible for storing their digital certificates and secret keys. Any theft, damage, or illegal copying of digital certificates due to user error will not fall under the responsibility of the System operating agency.

2. Users may copy their digital certificates, secret keys, and store them on floppy disks, USB drives, smart cards, or other storage media. Detailed steps for implementation are available in the User Guide published on the main website of the System.

Article 24. Change of Secret Key Password of Digital Certificate

In case of discovery or suspicion that the secret key password of the digital certificate has been disclosed or if there is a desire to change the secret key password of the digital certificate, the user may change the secret key password of the digital certificate. Detailed steps for implementation are available in the User Guide published on the main website of the System.

Article 25. Registration of Additional Digital Certificates

1. Based on the needs and organizational structure of the unit, users may register additional digital certificates to conduct online bidding.

2. When registering additional digital certificates, users must log into the System using the digital certificate issued upon registration to join the System. Detailed steps for implementation are available in the User Guide published on the main website of the System.

 Chapter IV

PROCEDURE FOR SELECTING CONTRACTORS ONLINE

PART 1. OPEN TENDERING AND RESTRICTED TENDERING ONLINE

Article 26. Shortlisting Selection

1. The shortlisting selection for open tendering with prequalification or invitation to interest (hereinafter referred to collectively as prequalification) shall be carried out in accordance with the provisions of Article 27 of this Circular.

2. The shortlisting selection for restricted tendering shall be conducted as follows:

a) The tenderer selects contractors from the contractor database on the System to include in the list of contractors participating in restricted tendering. In cases where the contractor is not listed in the database, the tenderer must request the contractor to register in the System in accordance with the provisions of Article 17 of this Circular.

b) Detailed steps for implementation can be found in the User Guide for Tenderers published under the User Guide section on the System's main page.

Article 27. Prequalification  

The online prequalification process is conducted on the System as follows:

1. Posting the notice of invitation to prequalification and the ITT.

a) The content of the notice of invitation to prequalification is filled out by the tenderer according to the model notice of invitation to prequalification on the System. The ITT is attached and posted simultaneously with the notice of invitation to prequalification.

b) In case there is a discrepancy between the attached ITT file and the content filled in the model notice of invitation to prequalification, the attached ITT file will have legal effect.

c) The minimum preparation time for the BQD is 10 days from the first day of issuance of the ITT. If it is necessary to amend the ITT, the tenderer must send an amendment notice of the ITT to all contractors who received the ITT before a certain number of days prior to the closing date of the prequalification as specified in the ITT. The amended ITT documents are posted in the notice of invitation to prequalification on the System. Contractors must notify the tenderer upon receipt of the amended ITT documents. The tenderer's amendment notice of the ITT and the contractor's notification of receipt of the amended ITT documents shall be made through one of the following methods: email, fax, direct delivery of a written document, or official communication as stipulated in the ITT.

2. Downloading the ITT: Contractors search and download the ITT from the System. A list of contractors who have downloaded the ITT will be displayed for the tenderer to monitor and manage.

3. Submission of the BQD: Contractors submit the BQD to the tenderer via the System.

4. Opening the BQD: BQDs submitted before the closing date of the prequalification will be opened by the tenderer on the System at the opening date of the prequalification. BQDs submitted after the closing date of the prequalification will not be accepted by the System and will not be opened.

5. Evaluation of the BQD, presentation, and approval of the prequalification results: The evaluation of the BQD and the presentation and approval of the prequalification results shall be carried out in accordance with current tendering laws.

6. Notification of prequalification results: The tenderer is responsible for entering the prequalification results into the System after the prequalification results have been approved.

7. Information on objections and handling of objections to the prequalification results:

Contractors may submit objections through the System to the tenderer. The tenderer is responsible for entering the results of handling the contractors' objections and any changes resulting from the objection resolution (if any) must be posted on the System.

8. Detailed steps for implementing prequalification can be found in the "User Guide for Tenderers" and "User Guide for Contractors" published under the User Guide section on the System's main page.

Article 28. Tender Invitation Notice and Issuance of Bidding Documents

1. Posting Tender Invitation Notice and Bidding Documents

a) The tenderer shall fill out the tender invitation notice template on the System. For procurement packages involving goods, the tenderer must enter the list of goods to be purchased including information such as the name of the goods, quality standards, quantity, and unit. If the information is already available, the delivery date after signing the contract may also be entered.

b) The bidding documents are attached and posted simultaneously with the tender invitation notice. In case there is a discrepancy between the attached bidding document file and the content filled in the tender invitation notice template, the attached bidding document file will have legal effect.

c) The minimum preparation time for the Bid Submission Document is 15 days (for small-scale procurement packages) and 25 days (for other procurement packages) from the first day of issuing the bidding documents. In cases where it is necessary to amend the bidding documents, the tenderer must send an amendment notice to all bidders who have purchased the bidding documents before a certain number of days specified in the bidding documents prior to the bid closing date. The amended bidding document materials are published in the tender invitation notice on the System. In cases where the bidding documents are sold directly, the tenderer must send the amended bidding document materials along with the amendment notice. The tenderer notifies the amendment of the bidding documents and the bidder confirms receipt of the amended materials via one of the following methods: email, fax, direct written submission, or through official correspondence as stipulated in the bidding documents.

d) During the pilot phase, it is encouraged that the tenderer issue the bidding documents free of charge on the System. In cases where bidding documents are sold online, the tenderer needs to enter payment account information for purchasing the bidding documents provided by the bidder into the System, including the account number and bank name.

2. Amendment and Supplement to Bidding Documents

After issuing the bidding documents, if it is necessary to amend the bidding documents, the tenderer sends an electronic amendment notice to the bidders who have received the bidding documents via the email address provided by the bidder when registering on the System. In cases where the bidding documents are sold, the tenderer can search for a list of bidders who have purchased the bidding documents on the System.

3. Clarification of Bidding Documents

If a bidder wishes to clarify the bidding documents, they shall submit an electronic request to the tenderer for review and resolution. The clarification of bidding documents is carried out by the tenderer in the form of sending an electronic document or organizing a pre-bid conference to discuss the contents in the bidding documents that the bidders are unclear about. The discussion content is recorded in a minutes document and an electronic document clarifying the bidding documents is sent through the network to all bidders who have purchased the bidding documents or those who have received the bidding documents via the email address provided by the bidder when registering on the System.

4. Registering List of Bidders Purchasing Bidding Documents

a) In cases where the bidding documents are issued free of charge, any bidder can download the bidding documents on the System.

b) In cases where the bidding documents are sold, the tenderer is responsible for entering the list of bidders who have paid for the bidding documents into the tenderer's account. Only bidders listed in this list can download the bidding documents on the System.

Article 29. Submission of Bid Submission Document 

1. After successfully submitting the Bid Submission Document on the System, the bidder will receive a confirmation notice from the System. In cases where joint ventures participate in online bidding together, the participating bidders in the joint venture must create a consortium agreement according to the User Guide for Bidders at the Usage Guide section on the main page of the System and send it to the tenderer before the bid closing date.

2. In cases where it is not possible to send the entire Bid Submission Document through the System, the bidder may send part of it through the System and print the remaining part to send via official correspondence or deliver directly to the tenderer before the bid closing date.

3. The bidder may send a backup Bid Submission Document on a CD and sealed paper document via official correspondence or deliver directly to the tenderer before the bid closing date. The backup Bid Submission Document is used in cases where the tenderer cannot open and read the file submitted by the bidder through the System as stipulated in Article 9 of this Circular.

Article 30. Withdrawal of Bids

In the case of withdrawing a bid, the bidder shall send a written notice to the tenderer before the bidding deadline through one of the following methods: email, fax, direct delivery of the document, or via official communication channels as stipulated in the Tender Document.

Article 31. Bid Opening

1. Bids submitted before the bidding deadline will be decrypted and opened on the System at the bid opening time by the tenderer. Bids submitted after the bidding deadline will not be accepted by the System and will not be decrypted.

2. The tenderer shall decrypt all bids submitted before the bidding deadline. After decryption, the contents of the bids will be automatically recorded in the bid opening minutes by the System, including:

- Bidder name;

- Tender price;

- The bid security amount (if applicable);

- The validity period of the bid security (if applicable);

- The validity period of the bid.

3. The bid opening minutes will be publicly posted on the System, and any interested organization or individual can access and view the minutes.

Article 32. Evaluation of Bids, Review, Approval, Notification of Tender Results, Negotiation, Finalization, and Contract Signing

1. The evaluation of bids, review, and approval of tender results shall be carried out in accordance with the provisions of the Law on Bidding, the Amended Law No. 38/2009/QH12, and Decree No. 85/2009/NĐ-CP.

2. The tenderer shall enter the bid evaluation results into the System.

3. The notification of tender results shall be conducted in accordance with Article 41 of the Law on Bidding, Clause 13 of Article 2 of the Amended Law No. 38/2009/QH12, Clause 3 of Article 20, and Clause 1 of Article 31 of Decree No. 85/2009/NĐ-CP. The tender results will be publicly posted on the System and sent to participating bidders via electronic documents immediately after the decision approving the tender results is made.

4. The negotiation, finalization, and signing of contracts shall be carried out in accordance with the provisions of the Law on Bidding, the Amended Law No. 38/2009/QH12, and Decree No. 85/2009/NĐ-CP.

PART 2. ONLINE COMPETITIVE QUOTATION

Article 33. Notice of Invitation for Quotation and Issuance of Quotation Documents

1. The content of the invitation for quotation shall be filled out by the tenderer according to the template provided on the System. The tenderer must enter the list of goods to be purchased, including information such as the name of the goods, quality standards, quantity, and unit. If there is existing information, the delivery date after signing the contract may also be entered.

2. The quotation documents shall be attached and published simultaneously with the invitation for quotation. In cases where there are discrepancies between the attached quotation documents and the content filled in the invitation for quotation template, the attached quotation documents shall have legal effect.

3. Quotation documents shall be issued free of charge on the System, and any bidder can download them from the System.

4. The minimum preparation time for the Quotation Submission Document is five days from the first issuance of the quotation documents.

Article 34. Submission of Quotation Submission Documents

1. After successfully submitting the Quotation Submission Document on the System, the bidder will receive a confirmation notice from the System. In cases where joint ventures participate in online competitive quotations, the participating bidders shall create a joint venture agreement according to the User Guide for Bidders at the Usage Guide section on the main page of the System and submit it to the tenderer before the quotation submission deadline.

2. In cases where it is impossible to submit the entire Quotation Submission Document through the System, the bidder may submit part of it through the System, print the remaining part, and send it via official communication channels or deliver it directly to the tenderer before the quotation submission deadline.

3. The bidder may submit a backup Quotation Submission Document on a CD and sealed paper document via official communication channels or deliver it directly to the tenderer before the quotation submission deadline. The backup Quotation Submission Document will be used in cases where the tenderer cannot open and read the file submitted by the bidder through the System as stipulated in Article 9 of this Circular.

Article 35. Opening of Bid Documents

1. Bid documents submitted before the deadline for submission of bid documents shall be decrypted and opened on the System at the time of opening the bid documents. Bid documents submitted after the deadline for submission of bid documents will not be accepted by the System and will not be decrypted.

2. The tenderer shall decrypt bid documents submitted before the deadline for submission of bid documents. After decryption, the contents of the bid documents will be automatically recorded in the bid opening minutes by the System, including:

- Bidder name;

- Offer price;

- The period during which the bid document is valid.

3. The bid opening minutes shall be publicly posted on the System, and any organization or individual interested may access and view the minutes.

Article 36. Evaluation of Bid Documents, Review, Approval, Notification of Tender Results, Negotiation, Completion, and Signing of Contracts

1. The evaluation of bid documents, review, and approval of tender results shall be carried out in accordance with the provisions of the Bidding Law, the Amended Law No. 38/2009/QH12, and Decree No. 85/2009/NĐ-CP.

2. The tenderer shall enter the evaluation results of the bid documents into the System.

3. The notification of tender results shall be implemented in accordance with Clause 4, Article 43 of Decree No. 85/2009/NĐ-CP. The tender results shall be publicly posted on the System and sent to participating contractors via electronic documents immediately after the decision approving the tender results is made.

4. The negotiation, completion, and signing of contracts shall be conducted in accordance with the provisions of the Bidding Law, the Amended Law No. 38/2009/QH12, and Decree No. 85/2009/NĐ-CP.

Chapter V

RIGHTS AND OBLIGATIONS OF THE PARTIES IN ONLINE BIDDING

Article 37. Responsibilities of the Ministry of Planning and Investment

1. To build and manage the System during the pilot phase to form the national online bidding network system as prescribed by the Bidding Law.

2. To develop pilot bidding through the network guidelines.

3. To organize training activities for staff of the tenderers and contractors participating in online bidding; to manage information about contractors violating bidding laws.

4. To compile and report to the Prime Minister on the results of the pilot bidding through the network in 2011 before organizing nationwide online bidding.

Article 38. Responsibilities of Pilot Agencies

Pilot agencies as stipulated in Clause 1, Article 2 of this Circular, in coordination with the Ministry of Planning and Investment, shall have the following responsibilities:

1. To select a minimum of 11 packages of work as prescribed in Clause 1, Article 2 of this Circular to organize the implementation of pilot online bidding.

2. To provide information for the pilot online bidding as required by the Ministry of Planning and Investment.

3. To direct, guide, and support subordinate units participating in the pilot online bidding.

4. To handle situations arising during the pilot implementation phase.

Article 39. Rights and Obligations of the System Operator Agency

The System Operator Agency as stipulated in Clause 3, Article 3 of this Circular shall have the following rights and obligations:

1. To be responsible for the design, construction, and operation of the System.

2. To ensure confidentiality of information during the online bidding process in accordance with regulations.

3. To address any issues arising during the operation of the System.

4. To provide guidance services to tenderers and contractors participating in registering and posting bidding activities on the System.

5. To organize training and support tenderers and contractors in conducting transactions on the System.

6. To store information related to the online bidding process for reference, inspection, audit purposes.

7. To compile necessary information for System operation. To ensure safety for System equipment, to consider all necessary management measures to maintain optimal operational status of the System.

Article 40. Rights and Obligations of the Agency Providing Digital Signature Certification Services

The agency providing digital signature certification services as stipulated in Clause 4, Article 3 of this Circular shall have the following rights and obligations:

1. Comply with the legal regulations on organizing the provision of digital signature certification services;

2. Utilize technical equipment, processes, and reliable resources of the System to perform its tasks;

3. Ensure the accuracy and integrity of the basic contents in the digital certificates issued by itself;

4. Provide appropriate means allowing bidders, contractors participating in the System, and competent state management agencies to rely on digital certificates to accurately determine the origin of data messages and digital signatures;

5. Notify relevant parties in case of incidents affecting the certification of digital signatures;

6. Store information related to digital certificates issued by itself for at least five years from the date when the digital certificate expires;

7. Manage and operate the technical infrastructure of the digital signature certification system, ensuring the safe and continuous provision of digital signature certification services.

Article 41. Rights and Obligations of the Inviting Party Participating in the System

1. Announce the Procurement Plan, Notice to Express Interest, Prequalification Notice, Tender Notice, Invitation to Bid, and Invitation to Quotation; issue Expression of Interest Forms, Prequalification Forms, Tender Forms, and Quotation Forms; receive Qualification Forms, Prequalification Submission Forms, Tender Submission Forms, and Quotation Submission Forms; open tenders, open Quotation Submission Forms, and announce the results of contractor selection.

2. Search for contractor information in the contractor database on the System.

3. Equip the necessary information technology infrastructure to meet the requirements for online bidding.

4. Manage and keep secret the private key of the issued digital certificate. In case the inviting party loses the digital certificate or discovers that it has been misused, immediately notify the agency providing digital signature certification services to revoke and reissue the digital certificate; extend the validity period of the digital certificate within thirty days before its expiration date, ensuring that the digital certificate remains valid throughout the tendering process.

5. Bear legal responsibility for the accuracy and honesty of the information registered and uploaded onto the System upon logging in with its own digital certificate.

6. Check and confirm the normal uploading of its own information entered into the System.

7. Comply with other regulations related to online bidding and those regarding the use announced on the System.

Article 42. Rights and Obligations of Contractors Participating in the System

1. Search for procurement plan announcements, notices to submit qualification forms, prequalification notices, tender notices, invitation to quotation notices, tender opening minutes, quotation submission opening minutes, and contractor selection results on the System; download Expression of Interest Forms, Prequalification Forms, Tender Forms, and Quotation Forms from the System; submit Qualification Forms, Prequalification Submission Forms, Tender Submission Forms, and Quotation Submission Forms through the System; send complaints on the System.

2. Equip the necessary information technology infrastructure when participating in online bidding.

3. Manage and keep secret the private key of the digital certificate. In case a user belonging to the contractor loses the digital certificate or discovers that a third party is using the unit's digital certificate information, immediately adjust such as changing the private key of the digital certificate, revoking the digital certificate according to the guidance of the agency providing digital signature certification services; extend the validity period of the digital certificate within thirty days before its expiration date, ensuring that the digital certificate remains valid throughout the bidding participation process.

4. Bear legal responsibility for the accuracy and honesty of the information registered and uploaded on the System upon logging in with its own digital certificate.

5. Be responsible for the results when participating in online bidding in cases where issues arise due to the contractor's network system, viruses at the contractor's end causing files to be unopenable and unreadable.

6. Comply with other regulations related to online bidding and those regarding the use announced on the System.

Chapter VI

IMPLEMENTING PROVISIONS

Article 43. Implementation

1. Based on actual circumstances, the Director of the Bidding Management Department decides the implementation roadmap for pilot programs.

2. The People's Committee of Hanoi City, Vietnam Post and Telecommunications Group, Vietnam Electricity Group, and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are any difficulties, the People's Committee of Hanoi City, Vietnam Post and Telecommunications Group, Vietnam Electricity Group, and related organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and adjustment.

Article 44. Effective date of implementation

This Circular takes effect from September 15, 2010./.