JOINT CIRCULAR No. 20/2010/TTLT-BKH-BTC detailing the provision of tender information for publication on the Vietnam Tender Newspaper

JOINT CIRCULAR

Regulations on providing tender information for publication in the Construction Investment Newspaper

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005, adopted by the National Assembly;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009, adopted by the National Assembly;

Pursuant to the Law on Investment No. 59/2005/QH11 dated November 29, 2005, adopted by the National Assembly;

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

Pursuant to the Government Decree No. 108/2009/NĐ-CP dated November 27, 2009, on investment under Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), and Build-Transfer (BT) contracts;

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;

is a medicine production facility certified by the competent authority of a country participating in the EMA or ICH or PIC/s to meet EU-GMP or PIC/s-GMP standards or equivalent, and announced by the Ministry of Health (Drug Administration Department) on the Drug Administration Department's electronic information website.

The Ministry of Planning and Investment and the Ministry of Finance hereby provide detailed regulations on providing tender information for publication in the Construction Investment Newspaper as follows:

Article 1. Scope of Regulation and Applicability

1. Ministries, agencies at the level of ministries, government agencies, central-level organizations, People's Committees at all levels, state-owned economic groups, state-owned corporations, and other related organizations and individuals with projects within the scope of the Law on Bidding shall implement the provision of information and direct project owners, tenderers, and relevant units under their management to provide tender information to the Construction Investment Newspaper for publication in accordance with the provisions.

2. It is encouraged for organizations and individuals with projects outside the scope of the Law on Bidding to provide information for publication in the Construction Investment Newspaper to standardize and unify the content of information and enhance transparency in bidding.

Article 2. Provision of Information to the Construction Investment Newspaper

1. Scope and Content of Information Published in the Construction Investment Newspaper:

In cases where tender packages are not required to be published in the Construction Investment Newspaper, they must be published in a widely distributed newspaper in a sector or province or nationwide, ensuring the number of issues for publication as specified in the above table.

2. Procedure for Providing Information for Publication in the Construction Investment Newspaper:

When providing information to the Construction Investment Newspaper, the project owner and tenderer determine which category the information belongs to and use the corresponding forms attached as Appendix 2 to this Circular. Information published in English should use the corresponding English forms. Project owners and tenderers can access the website http://www.thongtindauthau.com.vn to download the English forms.

For tender packages under Official Development Assistance (ODA) funded projects, the provision of information shall be carried out according to the form prescribed by the donor.

The document sent for publication must be typed clearly, signed, and stamped properly. The submission of information to the Construction Investment Newspaper shall be conducted as follows:

a) Direct delivery or delivery via official correspondence or postal mail:

Follow the format on the envelope as follows:

b) Sending via fax:

Send information to the Construction Investment Newspaper using its fax numbers.

Specifically, for tender plans, the information provider must also send an email with an attachment file titled "ke hoach dau thau" to [email protected].

In cases where organizations and individuals send information via fax, the original copy must still be sent to the Construction Investment Newspaper as directed in point a of this clause.

After sending information to the Bid Invitation Newspaper, to know the status of their information processing, investors and tender invitors can access the website at http://www.thongtindauthau.com.vn to search for information or call the hotline number 1900571270 to resolve any questions related to publishing bidding information.

Article 3. Responsibilities of Information Providers

1. When providing information for publication on the Bid Invitation Newspaper, organizations, institutions, and individuals must comply with the provisions of this Circular and relevant laws on investment and bidding.

2. In cases where organizations and institutions fail to comply with the aforementioned regulations or when they receive feedback from the Bid Invitation Newspaper requesting adjustments to the information to align with legal requirements but refuse to make such adjustments, leading to non-publication of the information, these organizations and institutions will be subject to violations according to Clause 2, Article 6 of this Circular and other relevant laws.

Article 4. Responsibilities of the Bid Invitation Newspaper in Publishing Information

1. The Bid Invitation Newspaper is responsible for publishing received information in accordance with the regulations. The Bid Invitation Newspaper will publish the information within the latest three working days after receipt for the following types of information:

a) Notice of invitation for preliminary selection for procurement packages of goods, construction works, and EPC projects;

b) Notice of invitation to submit expressions of interest for consultancy service procurement packages;

c) Tender notice;

d) Notice of invitation for competitive bidding for procurement packages of goods;

đ) Notice of invitation to tender for selecting investors to implement projects using land;

e) Notice of invitation for preliminary selection of investors for BOT, BTO, and BT projects;

g) Notice of invitation to tender for selecting investors for BOT, BTO, and BT projects.

For other types of information, the Bid Invitation Newspaper will publish them within the latest ten working days after receipt.

2. In cases where the Bid Invitation Newspaper cannot publish the information within the time limit as stipulated in Clause 1 above, it shall notify the information providers.

3. The Bid Invitation Newspaper is not responsible for delays, loss, or any other reasons during the transmission of information. The Bid Invitation Newspaper only publishes the received information in full and in compliance with the provisions of this Circular.

Article 5. System of Collection, Management, and Use of Costs for Publishing Information on the Bid Invitation Newspaper

1. Object and Cost of Publishing on the Bid Invitation Newspaper

a) The entities subject to costs are organizations and institutions that publish bidding information and related information on the Bid Invitation Newspaper as stipulated in Clause 1, Article 2 of this Circular.

b) The amount of fees for publishing information on the Bid Invitation Newspaper is implemented according to Appendix 1 attached to this Circular.

2. Organization of Payment, Management, and Use of Fees

a) The cost of publishing information on the Bid Invitation Newspaper is collected in Vietnamese Dong. Organizations and institutions are responsible for paying the fees as stipulated in Appendix 1 attached to this Circular. The fees for publishing information can be paid directly at the Editorial Office or transferred to the account of the Bid Invitation Newspaper.

b) The entity collecting fees for publishing bidding information may use the revenue for the following expenses:

- Printing the Bid Invitation Newspaper to publish bidding information and distribute nationwide;

- Paying individuals directly involved in entering, checking, and reviewing bidding information data for publication, including salaries, wages, allowances, overtime pay, contributions based on salary and wage, travel expenses, and other current regulations;

- Expenses directly serving the publication process, such as renting office space, office supplies, office materials, communication, electricity, water, and other current standards and norms;

- Purchasing materials, raw materials, and other expenses directly related to the publication of bidding information, maintenance, and regular repairs, major repairs of the newspaper's working assets, warranty, and upgrading systems and equipment serving activities within the scope of the newspaper's operations;

- Expenses for periodic inspection and auditing as prescribed;

- Other expenses directly related to the publication of bidding information.

Annually, after covering all expenses, paying taxes, and other payments as prescribed, if there is a surplus of revenue over expenditure, the unit may establish funds (the level of establishment and use of funds follows current regulations).

All funds collected from the publication of bidding information above must be used for their intended purpose, with complete legal vouchers in accordance with the Accounting Law; if not fully utilized, they can be carried forward to the next year for continued use according to the prescribed system.

Article 6. Implementation Organization

1. This Circular takes effect 45 days from the date of signature and replaces Document No. 4073/BKH-QLĐT dated June 5, 2008, issued by the Ministry of Planning and Investment regarding the provision of information to the Bid Invitation Newspaper.

2. If investors and tender invitors fail to publish mandatory information on the Bid Invitation Newspaper, they will be warned according to Article 75 of the Bidding Law. If there are three or more violations resulting in warnings, they will be prohibited from participating in bidding activities for six months according to Clause 4, Article 65 of Decree 85/2009/NĐ-CP.

3. During implementation, if there are any difficulties, please send comments to the Ministry of Planning and Investment and the Ministry of Finance for timely review and adjustment./.