Circular No. 23/2024/TT-BKHĐT detailing the models of tender request documents, evaluation reports, verification reports, inspection reports, and implementation status reports for tendering activities.

CIRCULAR

Regulations on detailed models of tender request documents, evaluation reports, review reports, inspection reports, and implementation status reports of tendering activities

Based on the Law on Bidding dated June 23, 2023; the Law Amending and Supplementing Certain Provisions of the Law on Planning, Investment Law, Public-Private Partnership Investment Law, and the Law on Bidding dated November 29, 2024;

Pursuant to the Law on Public-Private Partnership dated June 18, 2020;

Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Public-Private Partnership;

Based on Decree No. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of investors for projects that must be organized through bidding as prescribed by laws governing industries and sectors;

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;

Based on Decree No. 115/2024/NĐ-CP dated September 16, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of investors for investment projects involving land use;

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 Circularproviding detailed regulationson models of tender request documents, evaluation reports, review reports, inspection reports, and implementation status reportsinternal control activitiesof bidding activities.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides detailed models of tender request documents, evaluation reports, review reports, inspection reports, and implementation status reports of bidding activities.

Article 2. Application of Models and Appendices

1. The tender request form applies to the ordinary direct award procedure stipulated in Article 79 of Decree No. 214/2025/NĐ-CP dated August 4, 2025 of the Government detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of contractors:

1. The model of tender request applies to the general direct award procedure as stipulated in Articles 76 and 77 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of contractors:

a) Form No. 1A is used to prepare the procurement requirements document for construction works packages;

b) Form No. 1B is used to prepare the procurement requirements document for goods procurement packages;

c) Form No. 1C is used to prepare the procurement requirements document for non-advisory service packages;

d) Form No. 1D is used to prepare the procurement requirements document for advisory service packages.

For international direct award contracts, direct purchase contracts, the project owner shall amend the tender request forms issued together with this Circular based on ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

For hybrid contracts (EPC, EP, EC, PC) using the direct award method, the project owner shall apply and amend the tender invitation forms for EPC, EP, EC, PC contracts issued online under Circular No. 22/2024/TT-BKHĐT dated November 17, 2024 of the Minister of Planning and Investment guiding the provision and publication of information on contractor selection and tender document models on the National Tendering Network System to suit non-online contractor selection methods while ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

a) Model 2A is used to prepare the evaluation report of tender documents for non-advisory service contracts, goods procurement, construction works, hybrid, machine placement, and machine rental packages applying open tendering and selective tendering methods without online procedures in one-stage one-envelope format;

a) Model No. 2A is used to prepare evaluation reports for tender documents of service contracts other than consulting services, procurement of goods, construction works, and hybrid contracts using open tendering or selective tendering without online procedures in a single-stage single-envelope format;

b) Model No. 2B is used to prepare evaluation reports for tender documents of service contracts other than consulting services, procurement of goods, construction works, and hybrid contracts using open tendering or selective tendering without online procedures in a two-stage two-envelope format;

c) Form No. 2C is used to prepare the evaluation report of bids for advisory service packages applying open tendering and selective tendering without electronic means.

For contracts using the two-stage, prequalification, shortlist proposal, and proposal formats, the project owner shall amend the evaluation report models issued together with this Circular based on ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

These models are used for online and offline tendering, including:

a) Form No. 3A is used to prepare the tender invitation document review report;

b) Model No. 3B is used to prepare review reports on lists of contractors meeting technical requirements for contracts using the two-stage two-envelope format and online bidding procedures according to the general process;

c) Form No. 3C is used to prepare the contractor selection result review report.

For contracts using the two-stage, prequalification, shortlist invitation, and request formats; reviewing the results of prequalification and shortlist proposals; reviewing lists of contractors meeting technical requirements for two-stage contracts; and reviewing the results of contractor selection for two-stage contracts, online bidding, direct awards, and direct purchases, the project owner shall apply and amend the review report models issued together with this Circular based on ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

Article 5. Inspection Activity Models

a) Form No. 4.1A is used to prepare the periodic inspection plan for procurement activities;

b) Model No. 4.1B is used to prepare Detailed Inspection Plans;

c) Form No. 4.2 is used to prepare the Implementation Status Report on the Selection of Contractors and Investors;

d) Model No. 4.3 is used to prepare Inspection Reports on contractor and investor selection processes;

đ) Form No. 4.4 is used to prepare the Conclusion of the Inspection of the Selection of Contractors and Investors;

e) Model No. 4.5 is used to prepare Reports on Feedback Regarding Implementation Status of Inspection Conclusions.

5. Model No. 5 is used to prepare Implementation Status Reports on bidding activities.

5. Model 5 is used to prepare the report on the implementation status of tendering activities.

a) Appendix 1: Bid Closing Minutes;

b) Appendix 2A: Bid Opening Minutes (for packages applying a single-stage single-envelope procedure);

c) Appendix 2B: Technical Proposal Opening Minutes (for packages applying a two-stage two-envelope procedure);

d) Appendix 2C: Financial Proposal Opening Minutes (for packages applying a two-stage two-envelope procedure);

d) Appendix 3: Inspection Decision;

e) Appendix 4: Inspection Notification;

g) Appendix 5: Minutes of Announcing the Inspection Decision;

h) Appendix 6: Notification of Completion of Direct Inspection;

i) Appendix 7: Commitment Form.

For the Proposal for Approval of Lists of Contractors Meeting Technical Requirements, the Decision Approving Lists of Contractors Meeting Technical Requirements, Minutes of Contract Negotiations, Proposal for Approval of Contractor Selection Results, and Decision Approving Contractor Selection Results for non-online bidding contracts, the project owner and tenderer shall apply and amend the corresponding models in the Appendices issued together with Circular No. 22/2024/TT-BKHĐT based on ensuring compliance with the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP.

7. In cases where it is necessary to amend the content specified in the Model Tender Request Form pursuant to Clause 1 of this Article, the organization or individual responsible for preparing, reviewing, and approving the tender request must ensure that such amendments are appropriate, rigorous, and not contrary to the provisions of the Law on Bidding and Decree No. 24/2024/NĐ-CP. The report proposing approval of the tender request must clearly state the amended contents compared to the provisions in the Model Tender Request Form and the reasons for the amendments for the investor to consider and decide. In all cases, the investor must ensure that the selected contractor has sufficient capacity, experience, and technical solutions to implement the tender package according to the schedule, quality, and other requirements stipulated in the tender request.

Article 3. Agencies and organizations responsible for reporting on the implementation of bidding activities

1. Annually, the Ministry of Planning and Investment shall compile and report to the Prime Minister on the situation of bidding activities nationwide.

2. Ministries, ministerial-level agencies, agencies under the Government, central-level agencies, provincial People's Committees, state-owned enterprises, and other agencies and organizations subject to application as prescribed in Article 2 of the Law on Bidding shall report on the implementation of bidding activities within their respective regions, sectors, and fields annually through the National E-Bidding System or submit written reports to the Ministry of Planning and Investment when confidentiality requirements apply.

3. Provincial Departments of Planning and Investment, units entrusted with managing bidding activities to assist ministries, ministerial-level agencies, agencies under the Government, central-level agencies, provincial People's Committees, state-owned enterprises, and other agencies and organizations in urging, compiling, and summarizing reports on the implementation of bidding activities by investors and tenderers within their respective regions, sectors, and fields annually.

4. Investors and tenderers shall report on the implementation of bidding activities for their tender packages and projects to the Provincial Department of Planning and Investment and units entrusted with managing bidding activities as prescribed in Clause 3 of this Article.

Article 4. Time for Reporting on the Implementation of Tendering Activities

1. The Ministry of Planning and Investment shall report to the Prime Minister in the second quarter of the following year of the reporting period.

2. Ministries, ministerial-level agencies, agencies under the Government, central-level agencies, provincial People's Committees, and state-owned enterprises shall submit their reports through the National E-Bidding System before February 1 of the following year of the reporting period. In case the reporting date coincides with a regular weekly holiday or a public holiday as prescribed by labor laws, the reporting date shall be the first working day after the holiday.

3. Investors and tenderers shall submit annual reports on the implementation of bidding activities according to the deadlines set by the Provincial Department of Planning and Investment and units entrusted with managing bidding activities.

Article 5. Transitional Provisions

1. For inspection decisions on bidding activities issued before the effective date of this Circular, the inspections shall be carried out in accordance with those decisions and the provisions of Circular No. 07/2024/TT-BKHĐT dated April 26, 2024, issued by the Minister of Planning and Investment detailing the model tender request form, evaluation reports, review reports, inspection reports, and reports on the implementation of bidding activities.

2. For tender request forms issued before the effective date of this Circular, the selection of contractors, signing, and management of contract implementation shall be conducted in accordance with the provisions of the Law on Bidding, Decree No. 24/2024/NĐ-CP, and Circular No. 07/2024/TT-BKHĐT.

3. From the effective date of this Circular, if a tender package has not yet prepared a tender request form or has prepared and approved a tender request form but has not yet issued it, then a new tender request form must be prepared, modified, and re-approved in accordance with the provisions of this Circular.

4. From the effective date of this Circular, if a tender package falls within the scope of adjustment of Circulars No. 12/2022/TT-BKHĐT and No. 15/2022/TT-BKHĐT and has not yet prepared a tender invitation form or has prepared and approved a tender invitation form but has not yet issued it, then a new tender invitation form must be prepared, modified, and re-approved in accordance with the provisions of Circulars No. 12/2022/TT-BKHĐT and No. 15/2022/TT-BKHĐT, and Clauses 3 and 4 of Article 6 of this Circular.

Article 6. Implementation Organization

1. This Circular shall take effect from March 1, 2025.

2. From the effective date of this Circular, Circular No. 07/2024/TT-BKHĐT shall cease to be effective.

3. Amend certain contents at Section 5.3 Chapter III - Criteria for evaluating tender documents in Model No. 02 issued together with Circular No. 12/2022/TT-BKHĐT dated June 30, 2022, issued by the Minister of Planning and Investment detailing the preparation of tender invitation forms for procurement of goods 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), the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA), and Section 5.3 Chapter III - Criteria for evaluating tender documents in Model No. 02 issued together with Circular No. 15/2022/TT-BKHĐT dated June 30, 2022, issued by the Minister of Planning and Investment detailing the preparation of tender invitation forms for construction works under the CPTPP, EVFTA, and UKVFTA as follows:

a) Replace the phrase "Using a scale of 100 or 1,000" with the phrase "Using a scale of T";

b) Amend Step 5 as follows:

"Step 5. Determine the price score:

The bid price is determined based on the revised tender price after correcting errors and adjusting discrepancies, minus any discounts (if applicable), excluding taxes, fees, and charges. Specifically, as follows:

Price score being evaluated_{= (G}= (G_lowest- Price score_{= (G}

Where:

: price score of the bid document currently under review;_{= (G}- G

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{x T) / G}: bid price after corrections and adjustments, minus any discount (if applicable) of the bid document currently under review.

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{= (G}- T: maximum technical score."

4. Repeal the phrase "according to a scale of 100 or 1,000" at Section 3 Chapter III - Criteria for Evaluating Bid Documents in Model No. 01 and Model No. 02 issued together with Circular No. 15/2022/TT-BKHĐT.

4. Repeal the phrase "on a scale of 100 or 1,000" in Section 3 Chapter III - Criteria for evaluating tender documents in Model No. 01 and Model No. 02 issued together with Circular No. 15/2022/TT-BKHĐT.

5. During the implementation process, if there are any difficulties, relevant ministries, ministerial-level agencies, agencies under the Government, central-level agencies, local People's Committees at all levels, state-owned economic groups, state-owned corporations, and related organizations and individuals shall send their opinions to the Ministry of Planning and Investment for timely guidance./.