Circular No. 21/2022/TT-BKHĐT provides detailed regulations on preparing tender documents for non-advisory services tenders 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

Providing detailed regulations on preparing tender documents for non-consulting service packages within the scope of adjustment of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

falls within the scope of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Vietnam and the European Union, the Free Trade Agreement

, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA)

between Vietnam and the European Union, the Free Trade Agreement

and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA).

Pursuant to the Bidding Law dated November 26, 2013;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsPursuant to Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of bidding procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

Pursuant to Decree No. 95/2020/ND-CP dated August 24, 2020 of the Government guiding the implementation of procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;to2022 of the Government amending and supplementing some articles of Decree No. 95/2020/ND-CP dated August 24, 2020 of the Government guiding the implementation of procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership to guide the implementation of procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;g procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;on procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;No.for Trans-Pacific Partnership, 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 Northern Ireland;

Pursuant to Decree No. 09/2022/NĐ-CP dated January 12, 2022 of the Government amending and supplementing some articles of Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of bidding procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to guide the implementation of bidding procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA); year Article 3. Application of the Tender Document Model for Non-Consulting ServicesNo.1. Application of the Tender Document Model: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;ầb) Tender Document Model for Non-Consulting Services No. 02 (Model No. 02) applies to open tender packages using a two-stage double-envelope method.ắ2. For non-consulting service tender packages applying direct award procedures, the preparation of request documents may apply the provisions of this Circular on the basis of ensuring compliance with the provisions of the CPTPP, EVFTA, and UKVFTA Agreements.No.iệc toàn diện và tpoliciesin bộ xuyên biên giới tỉnh Bình Dương, Hiệp định Thương mại tự do giữa Cộng hòa xã hội chủ nghĩa Việt Nam và Liên minh Châu Âu, Hiệp định Thương mại tự do giữa Việt Nam và Liên hiệp Vương quốc Anh và Bắc Ai-len;June 2024;iệc toàn diện và t|||hoa xã hội chủ nghĩa Việt Nam và Liên minh Châu Âu, Hiệp định Thương mại tự do giữa Việt Nam và Liên hiệp Vương quốc Anh và Bắc Ai-len;âiệc toàn diện và t

Pursuant to 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;to At the proposal of the Director of the Bidding Management Department;

The Minister of Planning and Investment issues this Circular providing detailed regulations on preparing tender documents for non-consulting service packages within the scope of adjustment of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA).of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThis Circular provides detailed regulations on preparing tender documents for non-consulting service packages within the scope of adjustment of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA) organized through open bidding with one-stage one-envelope or one-stage two-envelope procedures.

This Circular applies to organizations and individuals participating in or related to the selection of contractors for non-consulting service packages within the scope of adjustment as prescribed in Article 1 of this Circular.No.iệc toàn diện và tpoliciesin bộ xuyên biên giới tỉnh Bình Dương, Hiệp định Thương mại tự do giữa Cộng hòa xã hội chủ nghĩa Việt Nam và Liên minh Châu Âu, Hiệp định Thương mại tự do giữa Việt Nam và Liên hiệp Vương quốc Anh và Bắc Ai-len;June 2024;Article 3. Application of Tender Document Model for Non-Consulting Services 1. Application of Tender Document Model:a) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) shall be applied to packages of open bidding with one-stage one-envelope procedure;

Article 1. Scope of Regulation

b) Tender Document Model for Non-Consulting Services No. 02 (Model No. 02) shall be applied to packages of open bidding with one-stage two-envelope procedure.

Article 2. Applicability

2. For non-consulting service packages that apply the direct award method, the preparation of request documents may utilize the provisions of this Circular based on ensuring compliance with the regulations of the CPTPP, EVFTA, and UKVFTA.

3. Áp dụng Mẫu hồ sơ mời thầu dịch vụ phi tư vấn

1. Áp dụng Mẫu hồ sơ mời thầu:

a) Mẫu hồ sơ mời thầu dịch vụ phi tư vấn số 01 (Mẫu số 01) áp dụng cho gói thầu đấu thầu rộng rãi theo phương thức một giai đoạn một túi hồ sơ;

b) Mẫu hồ sơ mời thầu dịch vụ phi tư vấn số 02 (Mẫu số 02) áp dụng cho gói thầu đấu thầu rộng rãi theo phương thức một giai đoạn hai túi hồ sơ.

2. Đối với gói thầu dịch vụ phi tư vấn áp dụng hình thức chỉ định thầu, việc lập hồ sơ yêu cầu có thể vận dụng quy định tại Thông tư này trên cơ sở đảm bảo không trái với quy định tại các Hiệp định CPTPP, EVFTA và UKVFTA.

Article 4. Preparation of Tender Documents

1. The preparation, review, and approval of tender documents for non-advisory service contracts must meet the following requirements:

a) Based on the scale and nature of each specific contract to set out appropriate requirements based on ensuring principles of competition, fairness, transparency, and economic efficiency;

b) Not to impose conditions that limit the participation of contractors or create advantages for one or several contractors leading to unfair competition; not to require contractors to have previously signed and implemented one or more contracts with procurement agencies of a specific country or region or to have experience providing services within the territory of that country or region as criteria for disqualifying contractors;

c) In cases where the provisions in the Model Tender Document are amended, the organizations or individuals responsible for preparing, reviewing, and approving the tender documents must ensure that such amendments are more appropriate and stringent than those specified in the Model Tender Document and do not contravene the provisions of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. In the proposal for approval of the tender documents, the contents of the amendments compared to the provisions in the Model Tender Document and the reasons for the amendments must be clearly stated for the investor's consideration and decision.

2. Requirements for Key Personnel and Main Equipment

a) Requirements for Key Personnel:

- For non-advisory service contracts that do not require highly specialized personnel, there shall be no requirement for key personnel. In cases where non-advisory services have special and complex factors necessitating personnel with knowledge and extensive experience, it may be necessary to specify requirements for mobilizing key personnel to undertake these special and complex tasks. If key personnel mobilization is required, the tender document approval proposal must clearly state the reasons for the investor's consideration and decision. The investor and the tenderer must ensure that the requirement for mobilizing key personnel does not lead to limiting contractor participation or creating advantages for one or several contractors leading to unfair competition. The tender document shall not require personnel for technical workers or general laborers;

- In cases where the key personnel declared by the contractor in the bid document do not meet the requirements of the tender document, the tenderer allows the contractor to clarify, change, or supplement the key personnel to meet the requirements of the tender document within a suitable period. For each non-compliant personnel, the contractor can only replace once. If the contractor does not have compliant replacement personnel, the bid document will be disqualified;

b) Requirements for Main Equipment (if applicable):

- Based on the scale and nature of the contract, the investor and the tenderer put forward requirements for main equipment (quantity, type, features, capacity) appropriately;

- In cases where the equipment declared by the contractor in the bid document does not meet the requirements of the tender document, the tenderer allows the contractor to clarify, change, or supplement the equipment to meet the requirements of the tender document within a suitable period. For each non-compliant equipment, the contractor can only replace once. If the contractor does not have compliant replacement equipment, the contractor will be disqualified;

c) In case of winning the bid and signing the contract, the contractor has the obligation to mobilize personnel and equipment as initially proposed or changed according to the provisions of points a and b of this clause. In cases where personnel and equipment cannot be mobilized, the contractor will be penalized under the contract and evaluated regarding their reputation when participating in other contracts;

d) In all cases, if the contractor declares personnel and equipment dishonestly, the contractor shall not be allowed to replace personnel and equipment according to the provisions of points a and b of this clause, the bid document of the contractor will be disqualified, and the contractor will be considered fraudulent according to Clause 4 of Article 89 of the Bidding Law and will be handled according to Clause 1 of Article 122 of Decree No. 63/2014/NĐ-CP.

3. The tender document must include the Model Contract and detailed provisions of the contract clauses for contractors to base their bids on and for the parties to base negotiations, completion, and signing of the contract on. The contract includes General Conditions, Specific Conditions, and Contract Forms. Depending on the scale and nature of each specific contract, the investor decides to amend and supplement accordingly but must ensure compliance with bidding laws, 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 contracts within the scope of adjustment of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that were tendered before the effective date of this Circular, the evaluation of bid documents and the examination of successful bids shall be carried out according to the provisions in the tender document but must ensure compliance with the provisions of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement.

3. For contracts within the scope of adjustment 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, in cases where the content is inconsistent or contrary to the guidance provided in the Model Tender Documents issued together with this Circular, they must be amended to be consistent. In cases where the tender document is amended after issuance, the investor and the tenderer must provide contractors with a reasonable period to prepare the bid document.

4. For contracts within the scope of adjustment of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that approved the tender documents before the effective date of this Circular but have not yet issued the tender documents, they must be amended according to the Model Tender Documents issued together with this Circular.

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

6. Amend Clause 3 of Article 31 and Point 2.c of Table 01 in Chapter II of Appendix 4 issued together with Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, of the Minister of Planning and Investment on detailed regulations regarding the provision, publication of information, and selection of investors on the National Public Procurement System as follows: Replace the term "investor" with the term "partner."

7. From the date this Circular takes effect, Circular No. 11/2015/TT-BKHĐT dated October 27, 2015, of the Minister of Planning and Investment detailing the preparation of request documents for direct award and competitive bidding shall cease to be effective. When preparing request documents for tenders using the direct award method, the project owner and tender inviter shall apply the Tender Invitation Document Templates issued together with Circular No. 08/2022/TT-BKHĐT dated May 31, 2022, of the Minister of Planning and Investment on detailed regulations concerning the provision and publication of procurement information and the selection of contractors on the National Public Procurement System, ensuring compliance with the Public Procurement Law and Decree No. 63/2014/NĐ-CP.

8. During implementation, if there are any difficulties, organizations specified in the appendix 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./.