Circular No. 22/2024/TT-BKHĐT guiding the provision and publication of information on contractor selection and bidding documents templates on the National Public Procurement Network System.

 

CIRCULAR

GUIDELINES FOR PROVIDING AND POSTING INFORMATION ON THE SELECTION OF CONTRACTORS AND BID DOCUMENT TEMPLATES ON THE NATIONAL PROCUREMENT SYSTEM

Pursuant to the Law on Procurement dated June 23, 2023;

Pursuant to Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures for implementation of the Law on Procurement regarding the selection of contractors;

Pursuant to Decree No. 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions concerning digital signatures and digital signature certification services;

Pursuant to Decree No. 01/2021/NĐ-CP dated January 4, 2021 of the Government on business registration;

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Article 1. Scope of Application

The Minister of Planning and Investment issues this Circular guiding the provision and posting of information on the selection of contractors and bid document templates on the National Procurement System.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the provision and posting of information on the selection of contractors and bid document templates, including:

1. Templates for establishing, reviewing, and approving comprehensive plans for selecting contractors and plans for selecting contractors for projects and procurement budgets as prescribed in Article 1 and Article 2 of the Law on Procurement;

2. Bid document templates on the National Procurement System for consulting service contracts; non-consulting service contracts; goods (excluding drugs); construction works; design and supply of goods (EP); design and construction (EC); supply of goods and construction (PC); design, supply of goods, and construction (EPC); medical equipment leasing contracts, chemical substances, testing materials, and accompanying services for operating medical equipment (excluding operational staff) based on the number of technical services (hereinafter referred to as medical equipment leasing contracts) within the scope regulated by the Law on Procurement organized through open tendering, restricted tendering, domestic competitive bidding in one-stage one-envelope and two-envelope procedures; online bidding; online procurement;

3. Report templates for preparing tender invitation documents; proposals for approval of tender invitation documents; decisions approving tender invitation documents; reports on evaluating bid documents through the network for non-consulting service contracts, goods (excluding drugs), medical equipment leasing contracts, construction works, EPC, EP, EC, PC in one-stage one-envelope and two-envelope procedures; consulting service contracts;

4. Other templates related to the online selection of contractors.

Article 2. Applicability

1. Organizations and individuals related to the selection of contractors within the scope regulated by Article 1 of this Circular.

2. Organizations and individuals engaged in the selection of contractors outside the scope regulated by Article 1 of this Circular but choose to apply the provisions of this Circular. In such cases, the implementation process shall follow the User Guide on the National Procurement System.

Article 3. Explanation of Terms

1. The National E-Government Procurement System(hereinafter referred to as the System) is an information technology system established and managed by the Ministry of Planning and Investment in accordance with Clause 18, Article 4 of the Law on Procurement, available at https://muasamcong.mpi.gov.vn.

2. The national business registration information systemis a specialized business registration information system as prescribed by the Government's regulations on business registration.

3. Abbreviations used in this Circular and on the System include:

a)E-TBMSTis an online prequalification notice;

b)E-TBMQTis an online interest notice;

c)E-TBMTis an online tender notice;

d)E-HSMQTis an online interest proposal;

đ)E-HSQTis an online interest proposal;

e)E-HSMSTis an online prequalification proposal;

g)E-HSDSTis an online prequalification submission;

h)E-HSMTis a tender invitation document for online open tendering, restricted tendering, and domestic competitive bidding;

i)E-HSDTis a bid document for online open tendering, restricted tendering, and domestic competitive bidding;

k)E-HSĐXKTis a technical proposal submitted online;

l)E-HSĐXTCis a financial proposal submitted online.

4. Electronic documentis a document or information successfully sent, received, and stored on the System, including:

a) Project information;

b) Comprehensive plan for selecting contractors; plan for selecting contractors;

c) E-TBMQT, E-TBMST, E-TBMT, tender notices, prequalification notices, interest notices;

d) Shortlist;

đ) E-HSMQT, E-HSQT, E-HSMST, E-HSDST, E-HSMT, E-HSDT, reference terms, scientific curriculum vitae, interest proposals, prequalification proposals, tender invitations; clarifications on E-HSMST, E-HSDST, E-HSMQT, E-HSQT, E-HSMT, E-HSDT, E-HSĐXKT, E-HSĐXTC, reference terms, scientific curriculum vitae, interest proposals, prequalification proposals, tender invitations; amendments to E-HSMQT, E-HSMST, E-HSMT, reference terms, interest proposals, prequalification proposals, tender invitations; extension of bid closing time; cancellation of E-TBMQT, E-TBMST, E-TBMT, interest notices, prequalification notices, tender notices;

g) Bid opening record;

g) Bid opening minutes, minutes of opening E-HSĐXKT, minutes of opening E-HSĐXTC;

h) Evaluation reports on E-HSQT, E-HSDST, E-HSDT;

i) Selection results;

k) Content of objections to selection results and issues related to the online selection process;

l) Proposals, decisions approving E-HSMQT, E-HSMST, E-HSMT, reference terms, interest proposals, prequalification proposals, tender invitations; proposals, decisions approving online selection results;

m) Review reports on E-HSMQT, E-HSMST, E-HSMT; review reports on selection results;

n) Requests for issuance, amendment, extension, release of electronic guarantees;

o) Electronic contracts;

p) Other electronic documents exchanged on the System.

5. is information posted on the System by entities specified in Article 2 of this Circular that does not comply with the laws on public-private partnerships, bidding laws, sectoral management laws, and other relevant laws.refers to information posted on the System by entities specified in Article 2 of this Circular that does not comply with the laws on procurement and other relevant laws.

6. Guidelinesis a public digital certificate issued by an organization providing public digital signature verification services or a digital certificate issued by an organization providing government-specific digital signature verification services.

7. Guidelines for Useis an electronic document published on the System to guide users in conducting transactions on the System.

8: Organizations participating in the Systemare agencies, organizations, and individuals registered to participate in the System with one or more roles as follows:

a) Project sponsor;

b) Tender inviter;

c) Contractor (individuals, groups of individuals participating in individual consultancy tenders; individuals, groups of individuals participating in innovative start-up tenders for goods procurement; organizations; households engaged in business operations);

d) Bid management unit;

đ) Manufacturer block (manufacturers, representative offices, agents of manufacturers) registering to participate in the System to respond to information reflected by contractors.

9. Account participating in the Systemis an account issued by the National Online Bidding Center to participating organizations in the System to perform one or more roles specified in Clause 8 of this Article.

10. is defined according to the provisions of Clauses 1, 2, 6, 7, and 10 of Article 3 of Circular No. 79/2025/TT-BTC dated August 4, 2025, issued by the Minister of Finance guiding the provision and dissemination of bidding information and bidding document models on the National E-Government Procurement System (hereinafter referred to as Circular No. 79/2025/TT-BTC).is an account created by the System participation account to conduct transactions on the System.

11. e-GP project enterpriseis the Limited Liability Company for Investment and Development of the National Online Bidding System established by the Investor (FPT Information Systems Limited Liability Company) pursuant to the BOT Contract for the e-GP Project. The e-GP project enterprise and the National Online Bidding Center (hereinafter referred to as the Center) shall fulfill the responsibilities of the operating organization as stipulated in Article 52 of the Bidding Law.

12. BOT Contract for the e-GP Projectis the contract signed between the Ministry of Planning and Investment and the Investor (FPT Information Systems Limited Liability Company) to invest, design, construct, operate, maintain, upgrade, and transfer the National Online Bidding System under the Public-Private Partnership model.

Article 4. Application of Forms and Appendices

1. The forms for establishing, reviewing, and approving the overall plan for selecting contractors include:

a) Form No. 01A is used to establish the Petition for the overall plan for selecting contractors;

b) Form No. 01B is used to establish the Report on Reviewing the Overall Plan for Selecting Contractors;

c) Form No. 01C is used to establish the Decision Approving the Overall Plan for Selecting Contractors.

In cases where certain contents within the approved overall plan for selecting contractors need to be adjusted, only the changed or adjusted contents will be established, submitted, reviewed, and approved.

2. The forms for establishing, reviewing, and approving the plan for selecting contractors include:

a) Form No. 02A is used to establish the Petition for the Plan for Selecting Contractors;

b) Form No. 02B is used to establish the Report on Reviewing the Plan for Selecting Contractors;

c) Form No. 02C is used to establish the Decision Approving the Plan for Selecting Contractors.

In cases where certain contents within the approved plan for selecting contractors need to be adjusted, only the changed or adjusted contents will be established, submitted, reviewed, and approved. For parts of work that have not yet met the conditions for establishing a plan for selecting contractors, when such conditions are met, only those parts of work will be established, submitted, reviewed, and approved without having to re-establish, submit, review, and approve the previously approved parts. In cases where there is a change in the implementation time of the tender package compared to the approved plan for selecting contractors during the contract execution process, it is not necessary to adjust the plan for selecting contractors.

3. For construction works packages:

a) Form No. 3A is used to establish the E-Tender Document applying open bidding, restricted bidding, and competitive bidding in a single-stage one-envelope method;

b) Form No. 3B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form No. 3C is used to establish the E-Tender Document.

4. For goods procurement packages (including centralized procurement cases):

a) Form No. 4A is used to establish the E-Tender Document applying open bidding, restricted bidding, and competitive bidding in a single-stage one-envelope method;

b) Form No. 4B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form No. 4C is used to establish the E-Tender Document.

5. For non-consultancy service packages:

a) Form No. 5A is used to establish the E-Tender Document applying open bidding, restricted bidding, and competitive bidding in a single-stage one-envelope method;

b) Form No. 5B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form No. 5C is used to establish the E-Tender Document.

6. For consultancy service packages:

a) Form No. 6A is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

b) Form No. 6B is used to establish the E-Qualification Document;

c) Form No. 6C is used to establish the forms for individual consultants.

7. For EP packages:

a) Form No. 7A is used to establish the E-Tender Document applying open bidding, restricted bidding in a single-stage one-envelope method;

b) Form No. 7B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form No. 7C is used to establish the E-Tender Document.

8. For EC packages:

a) Form No. 8A is used to establish the E-Tender Document applying open bidding, restricted bidding in a single-stage one-envelope method;

b) Form No. 8B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form No. 8C is used to establish the E-Tender Document.

9. For PC packages:

a) Form No. 9A is used to establish the E-Tender Document applying open bidding, restricted bidding, and competitive bidding in a single-stage one-envelope method;

b) Form No. 9B is used to establish the E-Tender Document applying open bidding, restricted bidding in a two-stage two-envelope method;

c) Form number 9C is used to establish the E-HSMST.

10. For EPC contracts:

a) Form number 10A is used to establish the E-HSMT for open tendering and restricted tendering under the one-stage one-envelope procedure;

b) Form number 10B is used to establish the E-HSMT for open tendering and restricted tendering under the two-stage procedure;

c) Form number 10C is used to establish the E-HSMST.

11. For medical equipment leasing contracts:

a) Form number 11A is used to establish the E-HSMT for open tendering, restricted tendering, and competitive bidding under the one-stage one-envelope procedure;

b) Form number 11B is used to establish the E-HSMT for open tendering and restricted tendering under the two-stage procedure.

For technical services in the healthcare sector where multiple healthcare facilities have a need to purchase the same type of goods, they may be combined into one contract for procurement by one of the healthcare facilities or by a centralized procurement unit. In the case where a comprehensive healthcare facility consolidates the needs of other healthcare facilities to form a medical equipment leasing contract, it shall be carried out in one of the following ways: the healthcare facility selects the contractor and directly signs a contract with the selected contractor; or the healthcare facility selects the contractor and signs a framework agreement with one or more selected contractors as a basis for the healthcare facilities to sign contracts with the selected contractor.

12. For online bidding:

a) Form number 12A is used to establish the tender invitation for goods procurement through the network under the one-stage one-envelope procedure using the online bidding process according to the standard procedure;

b) Form number 12B is used to establish the tender invitation for non-advisory service procurement through the network under the one-stage one-envelope procedure using the online bidding process according to the standard procedure;

c) Form number 12C is used to establish the online bidding invitation form for goods procurement contracts under the simplified procedure;

d) Form number 12D is used to establish the online bidding invitation form for non-advisory service procurement contracts under the simplified procedure;

đ) Form number 12E is used to establish the online bidding invitation form under the simplified procedure in cases of handling situations according to Article 131 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing measures of the Bidding Law regarding the selection of contractors.

13. For online procurement: Form number 13 is used to establish the online procurement documentation.

14. For Evaluation Report Form:

a) Form number 14A is used to establish the evaluation report on E-HSDT according to Procedure 01 specified in Point a Clause 1 Article 29 of this Circular for non-advisory service procurement, goods procurement, construction, EPC, EP, EC, PC, medical equipment leasing, and online bidding according to the standard procedure under the one-stage one-envelope procedure;

b) Form number 14B is used to establish the evaluation report on E-HSDT according to Procedure 02 specified in Point b Clause 1 Article 29 of this Circular for non-advisory service procurement, goods procurement, and medical equipment leasing under the one-stage one-envelope procedure;

c) Form number 14C is used to establish the evaluation report on E-HSDT for non-advisory service procurement, goods procurement, construction, EPC, EP, EC, PC, and medical equipment leasing under the one-stage two-envelope procedure;

d) Form number 14D is used to establish the evaluation report on E-HSDT for advisory service procurement under the one-stage two-envelope procedure.

15. Appendix:

a) Appendix 1A. Form for establishing E-HSMT and tender invitation documentation by the expert team;

b) Appendix 1B. Form for the proposal to approve E-HSMT and tender invitation documentation by the tenderer;

c) Appendix 1C. Form for the approval decision on E-HSMT and tender invitation documentation (webform on the System);

d) Appendix 2A. Form for the proposal to approve the shortlist for online tendering contracts applying prequalification and interest invitation;

đ) Appendix 2B. Form for the approval decision on the shortlist for online tendering contracts applying prequalification and interest invitation;

e) Appendix 3A: Form for the proposal to approve the evaluation results of E-HSĐXKT for contracts under the one-stage two-envelope procedure;

g) Appendix 3B: Form for the approval decision on the list of contractors meeting technical requirements for contracts under the one-stage two-envelope procedure;

h) Appendix 4A: Form for the minutes of document comparison (for all contracts);

i) Appendix 4B: Form for the minutes of contract negotiation (for goods procurement, construction, non-advisory services, EPC, EP, EC, PC contracts as stipulated in Point d Clause 1 Article 43 of the Bidding Law);

k) Appendix 4C: Form for the minutes of contract negotiation (for advisory service contracts);

l) Appendix 5A: Form for the proposal to approve the contractor selection results for online tendering;

m) Appendix 5B: Form for the approval decision on the contractor selection results for online tendering (webform on the system);

n) Appendix 6: Form for the Commitment Letter;

o) Appendix 7: Registration Form for Legal Normative Documents on Bidding;

p) Appendix 8: Notification Form for Information on Foreign Contractors Winning Contracts in Vietnam;

q) Appendix 9: Notification Form for Information on Handling Violations of Bidding Laws;

r) Appendix 10: Certain Contents of E-HSMT Leading to Limitation of Contractor Participation According to Clause 3 Article 44 of the Bidding Law.

16. For tender packages as prescribed in Clause 5, Article 3 of the Bidding Law, the role of organizations and individuals in presenting, reviewing, and approving the overall plan for selecting contractors, the selection plan for contractors, E-HSMQT, E-HSMST, E-HSMT, and the results of contractor selection shall be carried out in accordance with the Bidding Law and detailed regulations and guidance documents implementing the Bidding Law; the contents of the overall plan for selecting contractors, the selection plan for contractors, E-HSMQT, E-HSMST, E-HSMT shall be implemented according to international agreements and loan agreements. In cases where international agreements or loan agreements require the application of donor country regulations, if approved by the donor, the establishment, review, and approval of the overall plan for selecting contractors, the selection plan for contractors, E-HSMT, E-HSMQT, E-HSMST, reports on the evaluation of E-HSDT, E-HSQT, E-HSDST shall be applied using the Forms specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Article.

Information on bidding for tender packages under projects as prescribed in this clause is encouraged to be posted in the "other capital" section of the System.

17. For projects and tender packages containing information listed in the State Secrets Catalogue as prescribed by laws on protecting state secrets, such information does not have to be provided or published in accordance with this Circular. The management of information listed in the State Secrets Catalogue shall be carried out in accordance with laws on protecting state secrets.

18. EPC, EP, EC, PC tender packages shall apply to complex projects requiring high technical and technological standards and strict compliance with the integration and consistency from design to equipment supply, construction, technology transfer training, long-term maintenance and warranty, except in cases prescribed in Clause 4, Article 24 of the Bidding Law. For projects applying information technology, the formation of EPC, EP, EC, PC tender packages shall be carried out in accordance with laws on managing investment in the application of information technology. In cases prescribed in Clause 4, Article 24 of the Bidding Law, if there are fewer than three independent contractors meeting the requirements to implement the tender package, it must be divided into separate tender packages for goods supply and construction works without forming a mixed PC tender package.

An EPC tender package is suitable for mechanical, electrical, oil and gas, chemical, cement, mining, water supply and drainage, wastewater treatment, waste disposal, and information technology projects where design and equipment production cannot be separated to ensure integration.

If the scope of work can be divided into separate tender packages for design (E), goods supply (P), and construction works (C), then separate tender packages for design, goods supply, and construction works should be formed to increase competition in the tender package.

Article 5. Provisions on the format of attached files

1. Files uploaded to the System must ensure:

a) Files that can be opened and read by common software such as MS Office or Open Office word processing and reading software; PDF reading software; common design software like AutoCad, Photoshop; built-in image reading software on the Windows operating system. Files using fonts within the Unicode code table;

b) Compressed files that can be opened by common decompression software such as the built-in Windows decompression software ZIP, or Rar or 7Zip decompression software. In cases where compressed files are used, the files after decompression must comply with the formats specified in point a of this clause;

c) Not infected with viruses, not damaged, and not password protected.

2. In cases where attached files in the notice of interest invitation, E-HSMQT, preliminary tender invitation, E-HSMST, tender invitation, E-HSMT, reference terms, online quotation invitation, online procurement do not meet the provisions of Clause 1 of this Article or due to other reasons leading to inability to open or read, the tenderer must re-upload and issue the entire notice of interest invitation, E-HSMQT, preliminary tender invitation, E-HSMST, tender invitation, E-HSMT, reference terms, online quotation invitation, online procurement.

3. In cases where attached files in E-HSDT, E-HSQT, E-HSDST, scientific curriculum vitae do not meet the provisions of Clause 1 of this Article leading to inability to open or read, these files will not be considered or evaluated.

Article 6. Technical Handling in Case of System Failure Beyond Control

1. In cases where a failure leads to the System being unable to operate, tender packages for selecting contractors through the network with closing times, deadlines for online bidding, confirmation or rejection times for online purchase orders, expiration times for clarifications of E-HSMQT, E-HSMST, E-HSMT, reference clauses, E-HSQT, E-HSDST, E-HSDT, scientific curriculum vitae during the period from when the System fails until two hours after the completion of the failure resolution will be automatically extended by the System to the new closing time, new expiration times for clarifications of E-HSMQT, E-HSMST, E-HSMT, reference clauses, E-HSQT, E-HSDST, E-HSDT, scientific curriculum vitae, new deadline for online bidding, new confirmation or rejection times for online purchase orders, which is six hours after the completion of the failure resolution.

2. If the new closing time, deadline for online bidding, confirmation or rejection times for online purchase orders, and new expiration times for clarifications of E-HSMQT, E-HSMST, E-HSMT, E-HSQT, E-HSDST, E-HSDT according to Clause 1 of this Article occur after 17:00 and before 11:00 on the following day, the System will automatically extend them to 11:00 on the following day;

For online bidding, if 11:00 on the following day does not fall on a working day, the new deadline for online bidding will be extended to 11:00 on the nearest working day.

3. When the System automatically extends the closing time according to Clauses 1 and 2 of this Article, the evaluation of E-HSQT, E-HSDST, E-HSDT, scientific curriculum vitae will be based on the closing time stated in E-TBMQT, E-TBMST, E-TBMT prior to the time the System encountered the failure.

Article 7. Management of Accounts and Use of Digital Certificates

1. Establishment of Business Accounts:

Business accounts participating in the System create, assign permissions for corresponding business accounts according to the roles of organizations participating in the System as stipulated in Clause 8 of Article 3 of this Circular; lock, unlock; reset passwords, authentication forms, login authentication devices for business accounts.

2. Use of Digital Certificates on the System:

a) Organizations and individuals granted digital certificates upon joining the System must register to use digital certificates according toGuidelines for Use. Digital certificates used on the System are those issued to organizations and individuals as stipulated in Clause 8 of Article 3 of this Circular;

b) Digital certificates are used to create digital signatures and authenticate organizations and individuals;

c) The registration, change, or cancellation of information related to digital certificates of organizations and individuals participating in the System shall be carried out on the System according toGuidelines for Use;

d) Organizations and individuals participating in the System are responsible for ensuring the accuracy of digital certificates used on the System.

Article 8. Sending and Receiving Electronic Documents on the System

1. Electronic documents specified in Clause 4 of Article 3 of this Circular have legal value, serving as a basis for comparison, verification, and validation of information for evaluation, audit, inspection, examination, auditing, and disbursement as prescribed by law.

2. The time of sending and receiving electronic documents is determined based on the actual time recorded on the System. Successfully sent electronic documents are stored on the System.

3. When users send electronic documents on the System, the System must provide feedback to the user regarding whether the sending was successful or unsuccessful.

4. Organizations that successfully register on the System have the right to access the status of their electronic documents and other information on the System. Transaction history information is used to resolve disputes (if any) regarding the sending and receiving of electronic documents on the System.

5. Organizations and individuals conducting inspections, examinations, audits, and disbursements shall not request paper documents when the retrieval and access of corresponding electronic documents can be performed on the System, except in cases requiring verification by the original document.

Article 9. Conditions for Information and Communication Technology Infrastructure

Organizations and individuals participating in the System must meet the requirements for information and communication technology infrastructure as stipulated in Clause 14, Article 78, Clause 3, Article 79, and Point a, Clause 3, Article 82 of the Bidding Law, and detailed guidance provided in the Usage Guidelines.

Article 10. Connecting the System with the Public Budget Management and Treasury Information System

The submission of settlement documents to the State Treasury can be conducted through the System viaGuidelines for Useconnection with the Public Budget Management and Treasury Information System. Contractors are not required to provide information and documents to the State Treasury for information and documents stored on the System, including electronic documents as specified in Clause 4, Article 3 of this Circular.

Chapter II

PROVIDING AND UPLOADING INFORMATION ON CONTRACTOR SELECTION

Article 11. Provision of Information for Building the National Database on Contractors and Quality of Used Goods

1. Information on the Legal Status of Contractors

The System extracts information on the legal status, financial reports, and other information of enterprises, cooperatives, and business households stored in the National Enterprise Registration Information System, Cooperative Registration Information System, and Business Household Registration Information System. For contractors who have not registered in the National Enterprise Registration Information System, Cooperative Registration Information System, or Business Household Registration Information System, they must provide information when registering to participate in the System.

2. Information on the Capacity and Experience of Contractors

a) Information on the capacity and experience of contractors shall be implemented in accordance with Point c, Clause 1, Article 17 of Decree No. 24/2024/ND-CP. In cases where contractors hold certificates as prescribed by law, such certificates shall be declared on the System.

b) Contractors shall proactively update their information on capacity and experience in accordance with Point a of this Clause on the System and bear legal responsibility for the accuracy of the information declared on the System. In cases where contractors make modifications themselves on the System, the System will retain all information before and after the contractor's modification. Information on the capacity and experience of contractors is verified by the contractor’s digital signature.

c) Contractors must attach relevant documents to prove the authenticity of their capacity and experience; attached documents are stored and managed on the System.

d) If contractors declare false information to obtain financial benefits or other advantages or to evade any obligations, it shall be considered fraud as stipulated in Clause 4, Article 16 of the Bidding Law.

đ) Regarding financial report data, if the financial report data on the System has been extracted from the Electronic Tax System and the National Enterprise Registration Information System, contractors are not required to declare financial report data. For financial report data from 2021 onwards, if contractors find that the System has not updated the data compared to the Electronic Tax System and the National Enterprise Registration Information System, contractors shall modify the data to match the reported figures to the tax authority; the System will retain modified versions of the information submitted by the contractor.

3. Project sponsors are responsible for providing information on the reputation of contractors in bidding participation as stipulated in Point d, Clause 1, Article 17 of Decree No. 24/2024/ND-CP.

4. Centralized procurement units are responsible for providing information on framework agreements as stipulated in Clause 2, Article 90 of Decree No. 24/2024/ND-CP on the System.

5. Project sponsors or entities requiring centralized procurement are responsible for providing information on the performance of contractors' contracts as stipulated in Point đ, Clause 1, Article 17 of Decree No. 24/2024/ND-CP.

6. Project sponsors or entities requiring centralized procurement are responsible for providing information on the quality of goods previously used as stipulated in Clause 2, Article 17 of Decree No. 24/2024/ND-CP.

7. Project sponsors are responsible for providing information on the handling of violations of bidding laws as stipulated in Point a, Clause 1, Article 8 of the Bidding Law.

Article 12. Main information of contracts and framework agreements

1. The main information of a contract includes: contract number, contracting subjects, contract price, type of contract, time for implementing the tender package as stipulated in Clause 7, Article 39 of the Bidding Law, contract performance period (calculated from the date the contract becomes effective until the parties complete their obligations as specified in the contract), the date the contract begins to be effective, list of subcontractors (if any), scope of work under the contract, other relevant information (if any).

2. The project owner or entity with procurement needs in centralized procurement shall be responsible for providing the main information of the contract no later than five working days from the date the contract becomes effective as stipulated in Clause 4, Article 8 of the Bidding Law.

3. For centralized procurement, the centralized procurement entity shall publicly disclose the main information of the framework agreement on the System no later than five working days from the date the framework agreement becomes effective, including the following information: framework agreement number, centralized procurement entity, value of the framework agreement, type of contract, validity period of the framework agreement, scope of work under the framework agreement, other relevant information (if any).

Article 13. Information about projects, overall plan for selecting contractors, contractor selection plan

1. Time of posting:

Information about the overall plan for selecting contractors and the contractor selection plan shall be posted on the System by the project owner in accordance with Point a, Clause 1 and Clause 4, Article 8 of the Bidding Law and Clause 6, Article 14 of Decree No. 24/2024/NĐ-CP.

2. When posting the overall plan for selecting contractors, the project owner must attach documents serving as the basis for establishing the overall plan for selecting contractors as stipulated in Clause 2, Article 14 of Decree No. 24/2024/NĐ-CP.

As for the contractor selection plan, basic information about the project shall be posted simultaneously with the contractor selection plan.

3. In cases where the tender package budget is approved after the approval of the contractor selection plan as stipulated in Clause 2, Article 131 of Decree No. 24/2024/NĐ-CP, the approved budget must be posted on the System at least five days before the bid closing date.

4. Attached documents:

The project owner must attach the decision approving the overall plan for selecting contractors and the contractor selection plan during the process of posting the overall plan for selecting contractors and the contractor selection plan.

Article 14. Notice of Interest, Notice of Prequalification, E-TBMQT, E-TBMST

The tenderer shall post the Notice of Interest, Notice of Prequalification, E-TBMQT, E-TBMST on the System according to the progress of organizing the contractor selection and consistent with the time for organizing the contractor selection as planned in the approved contractor selection plan. Cancellation of the Notice of Interest, Notice of Prequalification, E-TBMQT, E-TBMST can only be carried out before the bid closing date, except in cases where no contractor submits an interest form or prequalification form, E-HSQT, E-HSDST.

Article 15. Issuance, amendment, clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST

1. Issuance of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST:

The Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST shall be approved and issued free of charge on the System immediately after successfully posting the Notice of Prequalification, Notice of Interest, E-TBMQT, E-TBMST.

The project owner or tenderer shall not issue paper copies of the Notice of Interest, Notice of Prequalification to contractors. If the project owner or tenderer issues paper copies to contractors, such copies shall have no legal value for preparing and evaluating interest forms and prequalification forms.

2. Amendment of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST:

a) For non-electronic contractor selection, if the Notice of Interest, Notice of Prequalification is amended after issuance, the tenderer must post the following documents on the System: decision to amend along with the amended contents of the Notice of Interest, Notice of Prequalification; or decision to amend and the Notice of Interest, Notice of Prequalification already amended, the amended Notice of Interest, Notice of Prequalification must clearly show the amended contents.

b) For electronic contractor selection, if E-HSMQT, E-HSMST is amended after issuance, the tenderer must post the following documents on the System: decision to amend along with the amended contents of E-HSMQT, E-HSMST; E-HSMQT, E-HSMST already amended.

3. Clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST:

a) If clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST is required, the contractor must submit a request for clarification to the tenderer through the System at least three working days before the bid closing date;

b) The tenderer must respond to requests for clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST on the System at least two working days before the bid closing date;

c) The content of the clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST must not contradict the content of the approved Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST. In cases where accepting the content of the request for clarification of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST leads to amending the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST, the amendment of the Notice of Interest, Notice of Prequalification, E-HSMQT, E-HSMST shall be carried out in accordance with the provisions of Clause 2 of this Article.

Article 16. Shortlist for tender packages applying prequalification and invitation of interest

1. For online tenders, the project owner approves the results of prequalification and invitation of interest on the System. Attached documents include: E-HSDST, E-HSQT evaluation reports (publishing the consolidated evaluation report without attaching individual scoring sheets of the evaluation team members).

2. For non-online tenders:

a) The tenderer shall publish the shortlist on the System no later than five working days from the date the shortlist is issued.

b) Attached documents include: Decision approving the shortlist; Report evaluating prequalification submissions and expressions of interest (publishing the consolidated evaluation report without attaching individual scoring sheets of the evaluation team members).

Article 17. Tender Notice, E-TBMT

The tenderer shall publish the tender notice, E-TBMT on the System according to the schedule for selecting contractors and consistent with the time for organizing the selection of contractors as approved in the procurement plan. Amendments or cancellations of the tender notice, E-TBMT can only be made before the bid submission deadline, except in cases where no bidder submits a tender proposal, E-HSDT, or scientific curriculum vitae.

Article 18. Issuance, amendment, clarification of tender documents, E-HSMT, reference terms according to standard procedures

1. Issuance of tender documents, E-HSMT, reference terms:

Tender documents, E-HSMT, reference terms are approved on the System.

For non-online contractor selections, tender documents are issued on the System immediately after successfully posting the tender notice. For tender packages applying the shortlisting procedure, the tender invitation letter attached to the tender documents is sent on the System to bidders listed in the shortlist.

The tenderer shall not issue paper copies of the tender documents to bidders. If the tenderer issues paper copies to bidders, such paper copies shall have no legal value for establishing or evaluating tender proposals.

2. Amendment of tender documents, E-HSMT, reference terms:

a) For non-online contractor selections, if tender documents are amended after issuance, the tenderer must post the following documents on the System: decision to amend along with the amended contents of the tender documents; or decision to amend and the amended tender documents, the amended tender documents must clearly show the amended contents.

b) For online contractor selections, if E-HSMT, reference terms are amended after issuance, the tenderer must post the following documents on the System: decision to amend along with the amended contents of E-HSMT, reference terms; E-HSMT, reference terms that have been amended.

3. Clarification of tender documents, E-HSMT, reference terms:

a) For non-online contractor selections, if clarification of tender documents is required, the bidder must submit a request for clarification to the tenderer through the System at least three working days (for domestic tenders) or five working days (for international tenders) before the bid submission deadline for review and handling.

For online contractor selections, if clarification of E-HSMT, reference terms is required, the bidder must submit a request for clarification to the tenderer through the System at least three working days before the bid submission deadline for review and handling.

b) The tenderer shall accept the content of the bidder's request for clarification and respond to the request for clarification of tender documents, E-HSMT, reference terms on the System at least two working days before the bid submission deadline.

c) The content of clarifications of tender documents, E-HSMT, reference terms shall not contradict the contents of the approved tender documents, E-HSMT, reference terms. In cases where accepting the content of the request for clarification of tender documents, E-HSMT, reference terms leads to the need to amend the tender documents, E-HSMT, reference terms, the amendment of the tender documents, E-HSMT, reference terms shall be carried out in accordance with Clause 2 of this Article.

d) Where necessary, the tenderer may organize a pre-bid conference to discuss contents in the tender documents, E-HSMT that bidders are unclear about. The tenderer shall post the invitation to attend the pre-bid conference on the System. The content of discussions between the tenderer and bidders must be recorded in minutes by the tenderer and posted on the System within a maximum of two working days from the end of the pre-bid conference.

Article 19. Revocation, Extension, Amendment of Published Information

The revocation, extension, and amendment of published information shall be carried out in accordance withGuidelines for Use.

Article 20. Results of Bid Selection

1. For online bidding:

a) The project owner approves and publishes the results of bid selection on the System;

b) Attached documents include: E-HSDT evaluation report (publishing the consolidated evaluation report without attaching individual scoring sheets of the members of the evaluation team).

2. For non-online tenders:

a) The project owner must publish the results of bid selection on the System no later than five working days from the date of approving the bid selection results;

b) Attached documents include: Decision to Approve the Bid Selection Results; Tender Document Evaluation Report (publishing the consolidated evaluation report without attaching individual scoring sheets of the members of the evaluation team).

3. In cases where the tender package price in the bid selection plan is adjusted according to point b, Clause 8, Article 131 of Decree No. 24/2024/NĐ-CP, the project owner must publish the decision to adjust the tender package price on the System before the deadline for resubmitting bids.

4. For procurement tenders for goods, detailed information about the winning items must be published on the System including the following contents:

a) List of goods;

b) Model code;

c) Brand name;

d) Year of manufacture;

đ) Country of origin (country, territory);

e) Manufacturer;

g) Basic configuration and technical features;

h) Unit of measurement;

i) Quantity;

k) Chapter Code, Group Code (corresponding to the first four digits of the Harmonized System code) in the Harmonized Commodity Description and Coding System (HS) classification system issued by the World Customs Organization (WCO) (if applicable);

l) Winning bid unit price.

Article 21. Other Information Published on the System and Procedures for Publishing on the System

1. In addition to the information published on the System as prescribed in Articles 11, 12, 13, 14, 15, 16, 17, 18, and 20 of this Circular, other information to be published and implemented on the System includes:

a) The Bid Opening Minutes for non-online bidding must be published on the System within 24 hours from the bid opening time;

b) The cancellation decision must be published on the System within five working days from the date of signing the decision;

c) The resolution of complaints issued by the project owner or authorized person must be published on the System within five working days from the date of issuance of the complaint resolution;

d) The list of bidders meeting technical requirements for non-online bidding must be published on the System within five working days from the approval date;

đ) For two-stage bidding, the list of bidders meeting the requirements of the first stage tender invitation and the list of bidders meeting technical requirements in the second stage must be published on the System no later than five working days from the approval date;

e) The list of foreign bidders winning contracts in Vietnam must be published on the System within fifteen days from the effective date of the contract signed with foreign bidders.

2. The procedures for publishing information at Articles 11, 12, 13, 14, 15, 16, 17, 18, 20, and Clause 1 of this Article shall be implemented in accordance withGuidelines for Use.

Article 22. Responsibilities of the Project Owner

1. Fulfill the responsibilities as prescribed in Article 78 of the Bidding Law.

2. Publish the information specified in points a, g, h, i, and k of Clause 1, Article 7 of the Bidding Law. In cases where the project owner hires bidding consultants to act as the tender inviter, the project owner still bears responsibility for publishing this information.

3. Publish on the System for Information on Foreign Bid Winners in Vietnam according to Appendix 8 issued together with this Circular; the publication shall be carried out in accordance withGuidelines for Use. The information must be sent simultaneously to the Department of Bidding Management, Ministry of Planning and Investment within seven working days from the date of approval of the bid selection results.

4. Bear legal responsibility for the accuracy and truthfulness of the information registered and published on the System when logging in using their System Account.

5. Check and confirm the publication of their information on the System.

6. Manage and bear responsibility for granting permissions to relevant Business Accounts corresponding to their roles; manage the use of digital certificates on the System.

Article 23. Responsibilities of the Tender Inviter

1. Fulfill the responsibilities as prescribed in Article 79 of the Bidding Law.

2. Publish the information specified in points b, c, d, and đ of Clause 1, Article 7 of the Bidding Law. For international bidding packages, the tender inviter must publish the information specified in points b, c, and d of Clause 1, Article 7 of the Bidding Law in both Vietnamese and English; for the information specified in point đ of Clause 1, Article 7 of the Bidding Law, the tender inviter publishes it in English or in both English and Vietnamese.

3. Be responsible for the consistency of the documents published on the System with the approved documents. In case there is a discrepancy between the documents published on the System and the approved documents, the documents published on the System serve as the legal basis for implementation.

4. Monitor and update the information already published on the System and the information that the System provides feedback on.

5. Manage and bear responsibility for granting permissions to relevant Business Accounts corresponding to their roles; manage the use of digital certificates on the System.

Article 24. Responsibilities of the Center and e-GP Project Enterprise

1. The Center has the responsibility:

a) To manage and supervise the operation of the System and to manage and supervise the business operations, operation, and development of the e-GP Project Enterprise on the System in accordance with the BOT Contract for the e-GP Project, the Circular of the Minister of Planning and Investment on the management and use of costs in selecting contractors and investors on the national bidding network;

b) To develop documentationGuidelines for Use; support organizations participating in the System during the registration, provision, and publication of information and the selection of contractors through the network;

c) To provide services for publicity, training, guidance to organizations participating in the System and to implement related services concerning bidding and contractor selection information through the network;

d) To coordinate with the e-GP Project Enterprise to fulfill the responsibilities prescribed in Article 52 of the Bidding Law.

2. The e-GP Project Enterprise has the responsibility:

a) To fulfill the responsibilities prescribed in Article 52 of the Bidding Law;

b) To coordinate with the Center to fulfill the responsibility prescribed in Clause 1 of this Article.

Chapter III

SAMPLE BIDDING DOCUMENT CONTENT

Article 25. Establishment, submission, review, and approval of E-HSMQT, E-HSMST, E-HSMT

1. The expert team establishes E-HSMQT, E-HSMST, E-HSMT on the System. After the expert team establishes E-HSMQT, E-HSMST, E-HSMT, the tenderer submits to the project owner for the project owner to organize the review and approval of E-HSMQT, E-HSMST, E-HSMT.

2. E-HSMQT, E-HSMST, E-HSMT must include all necessary information for contractors to prepare E-HSMQT, E-HSDST, E-HSDT. In cases where the tenderer posts E-HSMQT, E-HSMST, E-HSMT without complete information (missing design drawings and other documents) or unclear information causing difficulties for contractors in preparing E-HSMQT, E-HSDST, E-HSDT, such E-HSMQT, E-HSMST, E-HSMT will be invalid; the project owner and tenderer must modify and supplement E-HSMQT, E-HSMST, E-HSMT appropriately and repost E-HSMQT, E-HSMST, E-HSMT. The modification of E-HSMQT, E-HSMST, E-HSMT shall be carried out in accordance with Clause 2 of Article 15 and Clause 2 of Article 18 of this Circular.

3. For procurement packages of goods, construction works, non-advisory services, EPC, EP, EC, PC, borrowing medical equipment, data tables, criteria for assessing validity, requirements regarding capacity and experience in E-HSMST, E-HSMT are digitized in webform format on the System. The project owner and tenderer shall not attach additional files regarding data tables, criteria for assessing validity, requirements regarding capacity and experience in E-HSMST, E-HSMT. Data tables, criteria for assessing validity, requirements regarding capacity and experience that are not digitized in webform format shall not be considered part of E-HSMST, E-HSMT, and contractors are not required to meet these requirements.

4. In cases where prequalification and invitation for interest have been applied, if there is a change in the contractor's capacity and experience when submitting E-HSDT compared to when participating in prequalification or interest, the contractor must update their capacity and experience when bidding.

5. If E-HSMT contains contents leading to restrictions on contractor participation or creating advantages for one or some contractors resulting in unfair competition, violating Clause 3 of Article 44 of the Bidding Law as stipulated in Appendix 10 issued together with this Circular, the tenderer and expert team shall not exclude E-HSDT that does not meet these contents; these contents shall be deemed void according to Clause 4 of Article 44 of the Bidding Law and shall not serve as grounds for evaluating E-HSDT.

6. In cases where consultancy services are hired to perform the role of the tenderer, expert team to post information, establish E-HSMQT, E-HSMST, E-HSMT, evaluate E-HSQT, E-HSDST, E-HSDT, the hired unit shall act in accordance withthe User Guide.

Article 26. Responsibilities of contractors during the bidding process

1. Contractors are responsible for the accuracy of the information declared on the webform and attached documents during the bidding process. Contractors enter information as required by E-HSMQT, E-HSMST, E-HSMT and attach relevant documents to form E-HSQT, E-HSDST, E-HSDT as follows:

a) Information about the validity of E-HSQT, E-HSDST, E-HSDT:

For the content related to bid guarantee, contractors declare information and attach scanned copies of the bid guarantee. In case of using electronic bid guarantee, contractors choose electronic bid guarantee issued by domestic credit institutions or foreign bank branches established under Vietnamese law or certificates of insurance guarantees issued by domestic non-life insurance companies or foreign non-life insurance company branches established under Vietnamese law, stored on the System in E-HSDT. For joint venture contractors, all joint venture members must use the same type of bid guarantee: electronic bid guarantee or paper-based;

For other contents, contractors only declare information on the webform without needing to attach scanned copies of related documents.

b) Information about capacity and experience:

For similar contracts, production capacity: contractors declare and attach relevant documents to prove the declared information;

For financial resource requirements: contractors declare information; in cases where the project owner permits the use of credit provision commitments and the contractor uses credit provision commitments to prove financial resources, in addition to declaring information, the contractor must attach scanned copies of credit provision commitments in E-HSDST, E-HSDT;

For annual revenue, net asset value: starting from 2021, the System automatically extracts financial report data from the National Enterprise Registration Information System, Electronic Tax System into the contractor's capacity dossier;

For other contents: contractors declare on the webform without needing to attach scanned copies of related documents;

For financial report data starting from 2021, in cases where contractors find that the System has not updated data consistent with the Electronic Tax System since 2021, contractors must correct information to match the reported tax data; in cases where the data updated or modified by contractors on the System is inconsistent with the data on the Electronic Tax System, leading to distortion in the selection of contractors, the contractor shall be deemed to have engaged in fraud and violated Clause 4 of Article 16 of the Bidding Law.

2. Contractors are responsible for studying E-HSMQT, E-HSMST, E-HSMT for procurement packages they are interested in to prepare E-HSQT, E-HSDST, E-HSDT in accordance with the requirements of E-HSMQT, E-HSMST, E-HSMT. In cases where contractors discover unclear contents in E-HSMQT, E-HSMST, E-HSMT causing difficulties for contractors in preparing E-HSQT, E-HSDST, E-HSDT, contractors must request the tenderer to clarify E-HSMQT, E-HSMST, E-HSMT so that the project owner and tenderer can modify and supplement these documents appropriately.

3. The bidder shall be responsible for monitoring and updating information on the System regarding tender packages that the bidder is interested in or participates in. In cases where errors occur due to failure to monitor and update information on the System, leading to disadvantages for the bidder during the bidding process, including changes or modifications to E-HSMQT, E-HSMST, E-HSMT, submission deadlines for E-HSQT, E-HSDST, E-HSDT, clarification deadlines for E-HSQT, E-HSDST, E-HSDT, negotiation deadlines for contracts, and other contents, the bidder shall bear full responsibility and suffer disadvantages during the bidding process.

4. In cases where the legal representative of the bidder authorizes the branch manager, subsidiary general manager, factory director, or head of other dependent accounting units to perform tasks during the bidding process, participation in the System must be conducted using the bidder's account registered on the System and not the accounts of branches, subsidiaries, factories, or other dependent units. If the bidder uses the account of a branch or other dependent unit (dependent accounting unit), the bidder will be deemed non-compliant with the eligibility requirements stipulated in Clause 1, Article 5 of the Bidding Law.

5. Fulfill other responsibilities including:

a) Registering to participate in the System to ensure compliance with the eligibility requirements stipulated in Point d, Clause 1, Article 5 of the Bidding Law;

b) Fulfilling responsibilities as prescribed in Article 82 of the Bidding Law;

c) Managing the account registered on the System and digital certificates registered on the System.

Article 27. Content Regarding Sample Goods

E-HSMT shall not require sample goods; if it is necessary to request sample goods for technical evaluation, the investor must submit for review and approval by authorized persons. The application must clearly state the reasons for requesting sample goods. The investor and the tender inviter must ensure that the requirement for providing sample goods does not increase the cost of the tender package, limit the participation of bidders, or create an advantage for one or several bidders, resulting in unfair competition. If E-HSMT requires the provision of sample goods, the bidder may submit additional sample goods within five working days after the tender closing time.

Article 28. Tender Opening for Online Bid Selection

1. For tender packages applying the one-stage one-envelope method:

The tender inviter must conduct the tender opening and publicly announce the tender opening minutes on the System within two hours from the tender closing time.

2. For tender packages applying the one-stage two-envelope method:

a) The tender inviter must conduct the opening of E-HSĐXKT and publicly announce the tender opening minutes for E-HSĐXKT on the System within two hours from the tender closing time;

b) After making the decision to approve the list of bidders meeting technical requirements, the tender inviter must post this list on the System and attach a scanned copy of the approval document for the list of bidders meeting technical requirements on the System. Upon successful posting, the System will notify all participating bidders;

c) After posting the list of bidders meeting technical requirements, the tender inviter must open E-HSĐXTC of bidders listed in the approved list of bidders meeting technical requirements and publicly announce the tender opening minutes for E-HSĐXTC on the System.

Article 29. Evaluation of E-EHSBT

1. Evaluation process for E-EHSBT:

a) Process 01 applies to all tender packages, including: evaluation of the validity of E-EHSBT; evaluation of capacity and experience; technical evaluation; financial evaluation.

For tender packages for centralized procurement that require selection based on supply capability, the evaluation of bid guarantee, average annual revenue, similar contracts, production capacity shall be conducted at the financial evaluation stage.

b) Process 02 applies to tender packages for goods and non-advisory services procurement, borrowing medical equipment through a single-stage single-envelope method using the "lowest price" method where all bidders and E-EHSBT have no preferences.

Based on the bid opening record, the System automatically ranks bidders according to the lowest bid price after deducting the lowest discount value (if any) (approval of the ranking list is not required in this case). In cases where two or more bidders are ranked first, Process 02 will not be applied but Process 01 must be followed.

Evaluate the validity of the E-EHSBT of the highest-ranked bidder.

Evaluate the capacity and experience of the highest-ranked bidder.

Conduct a technical evaluation of the highest-ranked bidder.

If the highest-ranked bidder does not meet the requirements, then the next-ranked bidder will be evaluated.

c) For tender packages applying the single-stage single-envelope method, based on the E-EHSBT submitted by bidders on the System and the E-EHSMT evaluation method, the selected team may choose either Process 01 or Process 02 for evaluating E-EHSBT. Process 02 will only be implemented when all conditions specified in Clause b of this Article are met.

2. In cases where there is only one bidder participating in the tender or only one bidder passes the technical evaluation stage, it is unnecessary to determine the evaluated price (in cases where the tender package applies the evaluated price method), the total score (in cases where the tender package applies a combination of technical and price methods), no need to determine preferences, and no need to rank bidders.

3: After evaluating E-EHSBT, the head of the evaluation team attaches a scanned copy of the E-EHSBT evaluation report (signed by all members of the evaluation team) on the System. The head of the evaluation team is responsible for ensuring consistency between the scanned copy of the E-EHSBT evaluation report attached on the System and the paper version signed by the members of the evaluation team.

Article 30. Submission, Review, and Approval of Bid Selection Results

1. The tenderer prepares a submission form according to Appendix 5A issued together with this Circular and attaches the E-EHSBT evaluation report to submit to the project owner for approval of the bid selection results.

2. The project owner approves the bid selection results according to Appendix 5B issued together with this Circular based on the submission form, the E-EHSBT evaluation report, and the review report on the bid selection results.

Article 31. Electronic Contract

1. The electronic contract is concluded on the System in accordance with Point i, Clause 2, Article 50 of the Bidding Law. It is encouraged to apply electronic contracts for tender packages using direct assignment, direct purchase, price negotiation, special circumstances contractor selection, community participation tender packages, and individual consultant selection through simplified procedures.

2. The contract documentation for electronic contracts is part of the contract file stipulated in Article 65 of the Bidding Law and is signed electronically by both parties, including:

a) The contract document;

b) Specific contract conditions fully filled out with all contents and including any amendments, supplements, clarifications made during the bid selection process, contract negotiations, and contract completion (if applicable);

c) The contract appendix including detailed scope of work, pricing schedule, implementation schedule (if applicable);

d) Other documents (if any).

3. Except for open bidding, restricted bidding, competitive quotation, and online bidding following the standard procedure, the contract documentation for electronic contracts may only include one or some of the documents specified in Clause 2 of this Article.

4. The contract document is established according to the electronic contract template in E-EHSMT stipulated in this Circular or relevant laws. The project owner may modify and supplement the contents in the electronic contract templates in E-EHSMT to suit the scale and nature of the tender package. If the E-Registration Form has been fully completed with all contents and includes any amendments, supplements, clarifications made during the bid selection process, contract negotiations, and contract completion (if applicable), these contents do not need to be included in the contract document to avoid duplication.

Chapter IV

IMPLEMENTATION

Article 32. Transitional Provisions

1. For tender packages that have approved the bid selection plan (published or not published on the System) before January 1, 2024, but have not issued the tender invitation, prequalification document, tender document, or request document by the time this Circular takes effect, the bid selection plan must be adjusted for approval to comply with the provisions of the Bidding Law, Decree No. 24/2024/NĐ-CP, and this Circular (if applicable).

2. For tender packages that have been approved to select contractors through the network and established E-EHSMT, E-EHSMQT, E-EHSMQ according to Circular No. 06/2024/TT-BKHĐT dated April 26, 2024, guiding the provision and publication of information on contractor selection and tender document templates on the National Public Procurement System (hereinafter referred to as Circular No. 06/2024/TT-BKHĐT):

a) For tender packages that have uploaded E-EHSMT, E-EHSMQT, E-EHSMQ on the System from April 26, 2024, to the date this Circular takes effect, continue to organize shortlisting, contractor selection, signing, and managing contract implementation according to the provisions of the Bidding Law, Decree No. 24/2024/NĐ-CP, and Circular No. 06/2024/TT-BKHĐT;

b) From the date this Circular takes effect, in cases where tender packages have not established E-EHSMT, E-EHSMQT, E-EHSMT, or have established and approved E-EHSMT, E-EHSMQT, E-EHSMT but have not uploaded E-EHSMT, E-EHSMQT, E-EHSMT on the System, they must establish, modify, and re-approve E-EHSMT, E-EHSMQT, E-EHSMT in accordance with the provisions of this Circular.

c) In cases where tender packages have uploaded E-EHSMT, E-EHSMQT, E-EHSMT on the System before December 1, 2024, the approval of preliminary screening results, invitations to show interest, and selection results does not need to be conducted on the System.

d) From December 1, 2024, in cases where tender packages have not established E-EHSMT, E-EHSMQT, E-EHSMT, or have established and approved E-EHSMT, E-EHSMQT, E-EHSMT but have not uploaded E-EHSMT, E-EHSMQT, E-EHSMT on the System, the approval of E-EHSMT, E-EHSMQT, E-EHSMT, the approval of preliminary screening results, invitations to show interest, and selection results must be conducted on the System.

3. For tender packages that do not apply online bidding:

a) In cases where tender packages have uploaded prequalification documents, invitation to show interest documents, and tender documents on the System from April 26, 2024, until the date this Circular takes effect, they shall continue to organize shortlisting, selection of contractors, signing and managing the implementation of contracts in accordance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

b) From the date this Circular takes effect, in cases where tender packages have not established prequalification documents, invitation to show interest documents, and tender documents, or have approved prequalification documents, invitation to show interest documents, and tender documents but have not uploaded them on the System, they must establish, modify, review, and re-approve prequalification documents, invitation to show interest documents, and tender documents in compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

4. In cases where the form of contractor selection changes from non-online to online, the project owner does not need to submit for approval by the competent authority to adjust the plan for selecting contractors but directly modifies the form of contractor selection on the System from non-online to online. The modification process follows the provisions at...the User Guide.

Article 33. Effective Date

1. This Circular takes effect from January 1, 2025, except for the following provisions which take effect from December 1, 2024:

a) The provisions at Clause 1 Article 16, Clause 1 Article 18, Clause 1 Article 20 of this Circular and other related contents concerning the approval of E-EHSMQT, E-EHSMST, E-EHSMT, preliminary screening results, invitations to show interest, and selection results for online contractor selection on the System;

b) The provisions at Points c, d, and đ Clause 12 Article 4 of this Circular and other related contents concerning online bidding for procurement of goods and non-advisory services under the simplified procedure and online bidding under the simplified procedure in case of handling situations as stipulated in Article 131 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 issued by the Government.

2. From the date this Circular takes effect, Circular No. 06/2024/TT-BKHĐT ceases to be effective.

3. In cases where information during the contractor selection process needs to be kept confidential and cannot be publicly disclosed on the System, the competent authority decides on the publication of such information during the contractor selection process.

4. In cases of special tender packages where applying the provisions of the E-EHSMT, E-EHSMQT, E-EHSMT templates issued together with this Circular would result in fewer than three contractors meeting the requirements for average annual turnover and similar contracts, the project owner may amend these requirements according to the following principles:

a) Amendments to the requirements for average annual turnover and similar contracts different from those stipulated in the E-EHSMT, E-EHSMQT, E-EHSMT templates must ensure reasonable division of the tender package, and the scale of the tender package should not be too large to limit competition.

b) When submitting for approval of E-EHSMT, E-EHSMQT, E-EHSMT, the tender inviter must clearly state the amendments to E-EHSMT, E-EHSMQT, E-EHSMT in the submission report for the project owner's consideration.

c) In all cases, the project owner must ensure that the participation of contractors is not restricted; selected contractors must have sufficient capacity and experience to undertake the tender package.

5. From the date this Circular takes effect, when preparing tender documents for non-online contractor selection, the preparation of tender documents shall be carried out as follows:

a) For tender packages for procurement of goods, construction, advisory services, and non-advisory services applying international bidding, the project owner shall amend the tender document templates issued pursuant to the Circulars guiding the implementation of the Decree on procurement in accordance with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland, ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

b) For tender packages for procurement of goods, construction, advisory services, non-advisory services, and mixed services applying domestic bidding, the project owner shall amend the E-EHSMT templates issued together with this Circular, ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP and suitability with the method of non-online contractor selection.

6. Annually, the Ministry of Planning and Investment shall guide the provision and uploading of bidding information on the System in accordance with public holidays announced by the Ministry of Labor, Invalids, and Social Affairs.

7. The amendment of webform templates on the System shall be carried out in accordance with the provisions at Point đ Clause 1 Article 135 of Decree No. 24/2024/NĐ-CP.

8. During the implementation process, if there are any difficulties, relevant ministries, agencies equivalent to ministries, central-level agencies, provincial people's committees, state economic groups, state corporations, and related organizations and individuals shall send their opinions to the Ministry of Planning and Investment for timely guidance./.