Circular No. 20/2022/TT-BKHĐT provides detailed regulations on the preparation of tender documents for consultancy services contracts within the scope of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Vietnam-EU Free Trade Agreement (EVFTA), and the Vietnam-UK and Northern Ireland Free Trade Agreement (UKVFTA).

CIRCULAR

DETAILING THE PREPARATION OF TENDER DOCUMENTS FOR CONSULTANCY SERVICES PROCUREMENT PACKAGES

WITHIN THE SCOPE OF REGULATION OF THE COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT

, THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE EUROPEAN UNION

, THE FREE TRADE AGREEMENT BETWEEN VIETNAM AND THE UNITED KINGDOM AND IRELAND

Agreement between Vietnam and the United Kingdom and Northern Ireland Union 

BASED ON THE BID LAW dated December 26, 2013; 11 in 2013;

BASED ON DECREE NO. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;ắpursuant to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;No.hereinafter referred to as the CPTPP Agreement;

BASED ON DECREE NO. 09/2022/NĐ-CP dated January 12, 2022 of the Government amending and supplementing certain provisions of DECREE NO. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership; number Decision No. 95/2020/ND-CP dated August 24, 2020 of the Government"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, BASED ON DECREE NO. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership; Progress Agreement for Trans-Pacific PartnershipìBASED ON DECREE NO. 86/2017/NĐ-CP dated July 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;No.PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE PROCUREMENT MANAGEMENT DEPARTMENT;June 2024;THE MINISTER OF PLANNING AND INVESTMENT ISSUES THIS CIRCULAR DETAILING THE PREPARATION OF TENDER DOCUMENTS FOR CONSULTANCY SERVICES PROCUREMENT PACKAGES WITHIN THE SCOPE OF REGULATION OF THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP (HEREINAFTER REFERRED TO AS THE CPTPP AGREEMENT), THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE EUROPEAN UNION (HEREINAFTER REFERRED TO AS THE EVFTA AGREEMENT), THE FREE TRADE AGREEMENT BETWEEN VIETNAM AND THE UNITED KINGDOM AND IRELAND (HEREINAFTER REFERRED TO AS THE UKVFTA AGREEMENT) CONDUCTED THROUGH OPEN INTERNATIONAL COMPETITIVE BIDDING. THIS CIRCULAR APPLIES TO ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN OR ASSOCIATED WITH THE ACTIVITY OF SELECTING CONTRACTORS FOR CONSULTANCY SERVICES PROCUREMENT PACKAGES WITHIN THE SCOPE OF REGULATION STATED IN ARTICLE 1 OF THIS CIRCULAR. Article 3. APPLICATION OF TENDER DOCUMENT FORMSDeputy ministers of ministerial-level agencies, 1. For consultancy services procurement packages applying the direct award method, the preparation of tender documents may apply the provisions of this Circular on the basis of ensuring compliance with the regulations of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. â2. In cases where it is necessary to apply fixed unit price contracts or adjustable unit price contracts, the project owner or the tenderer shall amend the provisions of the tender document form issued together with this Circular to ensure compliance with the regulations of the CPTPP Agreement, the EVFTA Agreement, the UKVFTA Agreement, DECREE NO. 95/2020/NĐ-CP, and DECREE NO. 09/2022/NĐ-CP. AArticle 4. PREPARATION OF TENDER DOCUMENTSl1. Preparation, review, and approval of tender documents:

Camenda) Based on the scale and nature of each specific procurement package, the tenderer shall set out appropriate requirements based on ensuring principles of competition, fairness, transparency, and economic efficiency. The tender document must include all necessary information to serve as a basis for contractors to prepare their tender submissions;

b) The tenderer shall not set conditions that limit the participation of contractors or create advantages for one or several contractors, thereby causing unfair competition; nor shall they require contractors to have previously signed and implemented one or more contracts with a purchasing agency of a specific country or territory or to have experience providing services within the territory of that country or territory as criteria for disqualification;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsc) 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.

2. Contract: The tender document must include a contract template and detail the clauses and articles of the contract to serve as a basis for contractors to bid and for the parties to negotiate, finalize, and sign the contract. The contract includes General Conditions, Specific Conditions, and Contract Forms. Depending on the scale and nature of each specific procurement package, the project owner may amend and supplement the contract accordingly but must ensure compliance with the regulations of the bidding law, the regulations of the CPTPP Agreement, the EVFTA Agreement, the UKVFTA Agreement, and other relevant laws. Article 5. EFFECTIVENESS OF THIS CIRCULAR 1. This Circular takes effect from November 20, 2022. Progress 2. For procurement packages within the scope of regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that were opened for bids before the effective date of this Circular, the evaluation of tender submissions and the determination of successful bids shall be carried out according to the provisions in the tender document but must ensure compliance with the regulations of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. 3. For procurement packages within the scope of regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that issued tender documents before the effective date of this Circular but have a closing date after the effective date of this Circular and have not yet reached the closing date, if there are contents that are inconsistent or contrary to the guidance provided in the tender document form issued together with this Circular, they must be amended to be consistent. If the tender document is amended after issuance, the project owner or the tenderer must provide contractors with a reasonable period of time to prepare their tender submissions.Pacific, the Free Trade Agreementitself Agreement between Vietnam and the United Kingdom and Northern Ireland Unionl.

Article 1. Scope of Regulation

This Circular stipulates detailed regulations on preparing tender documents for consultancy service packages within the scope of adjustment of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP Agreement), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA Agreement), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland Union (hereinafter referred to as the UKVFTA Agreement) organized through open tendering.

Article 2. Applicability

This Circular applies to organizations and individuals participating in or related to the selection of contractors for consultancy service packages within the scope of regulation prescribed in Article 1 of this Circular.

Article 3. Application of Tender Document Model for Consultancy Services

1. For consultancy service packages applying the direct award method, the preparation of the request document may apply the provisions of this Circular based on ensuring compliance with the provisions of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement.

2. In cases where it is necessary to apply fixed unit price contracts or adjustable unit price contracts, the project owner or tenderer shall modify the provisions of the tender document model issued together with this Circular to ensure compliance with the provisions of the CPTPP Agreement, the EVFTA Agreement, the UKVFTA Agreement, Decree No. 95/2020/ND-CP, and Decree No. 09/2022/ND-CP.

Article 4. Preparation of Tender Documents

1. Preparation, review, and approval of tender documents:

a) Based on the scale and nature of each specific package, the tenderer shall set out appropriate requirements on the basis of ensuring principles of competition, fairness, transparency, and economic efficiency. The tender document must include all necessary information for contractors to prepare their bidding documents;

b) The tenderer shall not impose conditions that limit the participation of contractors or create advantages for one or several contractors causing unequal competition; nor shall they require contractors to have previously signed and implemented one or more contracts with procurement agencies of a specific country or territory or to have experience providing services in that country or territory as criteria for disqualifying contractors;

c) In cases where modifications are made to the provisions stated in the tender document model, the organization or individual responsible for preparing, reviewing, and approving the tender document must ensure that such modifications are stricter than those stated in the tender document model and comply with the provisions of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. In the proposal requesting approval of the tender document, the contents of the modifications compared to the provisions in the tender document model and the reasons for the modifications must be clearly stated for the project owner to consider and decide.

2. Contract: The tender document must include the contract model and specify in detail the terms and clauses of the contract for contractors to base their bids and for the parties to base negotiations, completion, and signing of the contract. The contract includes General Conditions, Specific Conditions, and Contract Forms. Depending on the scale and nature of each specific package, the project owner decides to amend and supplement appropriately but must ensure compliance with the provisions of the law on tendering, the provisions of the CPTPP Agreement, the EVFTA Agreement, the UKVFTA Agreement, and other relevant laws.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from November 20, 2022.

2. For packages within the scope of adjustment of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that were opened before the date this Circular takes effect, the evaluation of bidding documents and the examination of successful bids shall be carried out according to the provisions stated in the tender document but must ensure compliance with the provisions of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement.

3. For packages within the scope of adjustment of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that had tender documents issued before the date this Circular takes effect but have a closing date after the date this Circular takes effect and have not yet reached the closing date, if there are contents that are inconsistent or contrary to the guidance provided in the tender document model issued together with this Circular, they must be modified accordingly. In cases where the tender document is modified after issuance, the project owner or tenderer must provide contractors with a reasonable period of time to prepare their bidding documents.

4. For tender packages within the scope of application of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement, where the tender documentation has been approved before this Circular takes effect but has not yet been issued, such documentation must be amended according to the tender documentation model attached to this Circular.

5. In cases where legal normative documents referred to in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall apply.

6. During implementation, if there are any difficulties, organizations specified in the annex attached to Decree No. 09/2022/NĐ-CP and related organizations and individuals shall submit their opinions to the Ministry of Planning and Investment for timely review and guidance./.