Circular No. 39/2015/TT-BNNPTNT stipulates certain contents regarding the procurement process for construction projects funded by public investment under the management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Regulations on certain contents regarding the selection of contractors for construction investment projects using public funds managed by the Ministry of Agriculture and Rural Development

public works funded by state investment under the management of the Ministry of Agriculture and Rural Development

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Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decrees of the Government: No. 63/2014/NĐ-CP dated June 26, 2014 detailing the implementation of some provisions of the Bidding Law on selecting contractors; No. 32/2015/NĐ-CP dated March 25, 2015 on managing construction investment costs; No. 37/2015/NĐ-CP dated April 22, 2015 detailing construction contracts; No. 59/2015/NĐ-CP dated June 18, 2015 on managing construction investment projects;

At the proposal of the Director of the Construction Management Department;

The Minister of Agriculture and Rural Development issues this Circular prescribing certain contents regarding the selection of contractors for construction investment projects using public funds managed by the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular prescribes certain contents regarding the selection of contractors; responsibilities of related parties during the management and organization of the contractor selection process for tender packages under construction investment projects using public funds managed by the Ministry of Agriculture and Rural Development (excluding forestry development projects).

2. For projects funded by official development assistance (ODA) and concessional loans from foreign sponsors (collectively referred to as ODA funds), if international agreements to which Vietnam is a party have different provisions on the implementation of the contractor selection process than those stipulated in this Circular, such international agreements shall be followed.

Article 2. Applicability

Units under the Ministry of Agriculture and Rural Development (MARD), People's Committees (PCs) of provinces and centrally governed cities (referred to as PCs of provinces), and organizations and individuals involved in the management and organization of the contractor selection process for construction investment projects using public funds managed by the Ministry of Agriculture and Rural Development (Ministry) shall comply with this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Cauthority lead entity for project review investment project for construction of public works or or project management unit

2. Cunder the Ministry is the General Department, Department, or Bureau assigned by the Minister in the permit document for establishing the investment project (referred to as the Ministry’s review entity). Project Decree local lead entity for review assigned by the People's Committees of provinces with respect to projects delegated by the Ministry to the People's Committees of provinces for investment decision-making (referred to as local competent authorities).

3. Project owner is Agricultural Project Management Board, Forestry Project Management Board, Central Project Management Board for Water Resources Projects (referred to as Project Management Boards) or units assigned by the Minister.

Chapter II

BIDDER SELECTION PLAN

Article 4. Preparation and Approval of the Contractor Selection Plan

The investor and project owner are responsible for organizing the preparation of the Contractor Selection Plan (referred to as CSP) in accordance with Articles 33, 34, 35, and 36 of the Bidding Law No. 43/2013/QH13 and the following provisions:

1. The division of the project into tender packages must meet technical requirements, project implementation schedules approved or signed agreements (for ODA projects), ensuring the project's integrity; tender packages should have reasonable scales, consistent with technical requirements, specific characteristics of the works, domestic regulations, and sponsor requirements.

2. The price of a tender package is determined based on the total investment amount or approved budget estimate (if applicable). The tender package price includes all costs necessary to implement the package (including contingency reserves, taxes, fees, and charges). Contingency reserves include reserves for volume increases (as a percentage and appropriate to the design stage when preparing the CSP), price escalation reserves (calculated over time and the implementation schedule of the tender package) and consistent with the type of contract as stipulated in Clause 5 of this Article.

If the tender package price is higher than the value of the item approved in the total investment amount (including contingency reserves), before approving the tender package price as the basis for the investment decision-maker to approve the CSP, the investor must report to the investment decision-maker and provide a clear explanation of the reasons, propose funding sources for the increased portion of the tender package, and bear legal responsibility for their decision.

In cases where a tender package is formed from multiple items or an item in the total investment amount is divided into multiple tender packages, or where a tender package can be divided into separate parts (for domestic projects) or lots (for ODA projects) according to the nature of the work, the investor must clearly state the reasons, scope of work, and value of each item, part, or lot in the CSP.

3. Method of selecting contractors: The investor and project owner shall follow the provisions of Articles 20, 21, 22, 23, 24, 25, 26, and 27 of the Bidding Law No. 43/2013/QH13. Depending on the nature, characteristics, and tender package price, the investor and project owner shall select an appropriate method of selecting contractors, providing a clear explanation of the reasons and conditions for application for the authority to consider and decide.

4. Tendering method: The investor and project owner shall follow the provisions of Articles 28, 29, 30, and 31 of the Bidding Law No. 43/2013/QH13, and the proposed tendering method must ensure compatibility with the scale, nature, and technical requirements of the tender package.

5. Type of contract: The investor and project owner shall follow the provisions of Article 62 of the Bidding Law No. 43/2013/QH13 and clearly state the basis and conditions for selecting an appropriate type of contract in line with the scale, nature, and characteristics of the tender package. Lump-sum contracts are applied in the following cases:

a) Simple consulting service tender packages (including preparation of tender documents, evaluation of bids, conversion of investment capital...),

b) Goods procurement tender packages with a tender package value not exceeding 10 billion VND;

c) Construction and mixed tender packages with a tender package value not exceeding 20 billion VND;

6. In cases where it is necessary to supplement a tender package to implement one or more additional items during the implementation of the project or works, but these items have not been approved in the investment project or the budget has not been determined in the total investment ceiling or construction cost estimate, the investor shall temporarily calculate the price of the tender package, propose the source of funds for implementing the tender package, and submit to the competent authority for review and approval of the tender selection plan as the basis for organizing its implementation. The examination and approval of the tender package budget shall be carried out in accordance with the regulations on investment cost management.

7. For ODA projects: The investor and project owner shall base themselves on the provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article to prepare the tender selection plan as the basis for negotiating with the financier when signing the Agreement.

Article 5. Examination and Approval of Tender Selection Plan

Agencies and units examining the tender selection plan shall carry out in accordance with Article 37 of the Law on Bidding No. 43/2013/QH13 and the following provisions:

1. For tender packages implemented before the decision approving the project is issued, the project owner, investor, or unit assigned the task of preparing the project shall entrust a specialized unit under their organization to examine the tender selection plan before approval. The price of the tender package approved by the investor or the unit assigned the task of preparing the project must be based on the decision approving the assignment (outline) and the budget of the tender package after receiving written agreement from the examination agency under the Ministry.

2. For projects approved by the Ministry for investment, the agency organizing the examination of the tender selection plan is the examination agency under the Ministry responsible for examining, preparing the examination report, and the draft decision to be submitted to the Ministry for approval. For ODA projects, the project owner must submit a report concurrently with the investor when submitting to the Ministry for consideration and approval of the tender selection plan and must bear responsibility for the contents of the tender selection plan.

3. For projects approved by the Ministry for investment and delegated to the People's Committees of provinces for approval, the lead examination agency for the tender selection plan is the examination agency under the locality responsible for examining, preparing the examination report, and the draft decision to be submitted to the People's Committee of the province for approval. The project owner must submit written agreement on the tender selection plan of the investor before the People's Committee of the province approves and must bear responsibility for the contents of the tender selection plan.

4. Examination and Approval Procedure

The investor submits two sets of documents directly at the office or one-stop service center or sends them via postal mail to the examination agency under the Ministry (for projects where the Ministry is the investment decision-making level) or the examination agency under the locality (for ODA projects delegated to localities for approval) for these agencies to organize the examination, prepare the examination report, and the draft decision to approve the tender selection plan to be submitted to the Ministry or the People's Committee of the province for approval in accordance with Articles 33, 34, 35, and 36 of the Law on Bidding No. 43/2013/QH13. The processing time limit is in accordance with point a, h of Clause 1 of Article 12 of the Law on Bidding No. 43/2013/QH13. The decision approving the tender selection plan shall be delivered directly or sent via postal mail to the investor and relevant agencies.

The documents for submission include: The examination and approval request for the tender selection plan according to the form issued by the Ministry of Planning and Investment (original), a copy of the decision approving the tender selection plan that has already been approved (in case of adjustment or supplementation), the decision approving along with the design and budget documents (original), and other related legal documents (if any).

For ODA projects, in addition to the documents submitted by the investor, the project owner must send a written agreement on the tender selection plan (for projects delegated to the People's Committees of provinces for approval) or a request for approval of the tender selection plan (for projects where the Ministry makes the investment decision) as stipulated in Clause 2 and Clause 3 of this Article.

Chapter III

ORGANIZATION OF SELECTION OF CONTRACTORS

Article 6. Preparation, review, and approval of tender request files, prequalification invitation files, expression of interest invitation files, and tender invitation files

The project owner and investor shall prepare, review, and approve the tender request file (TRF), expression of interest invitation file (EOIIF), prequalification invitation file (PQIF), and tender invitation file (TIF) in accordance with the provisions of Articles 12, 13, 23, 25, 34, 35, 42, 44, 46, 49, 51, 55, 56, 58, 59, 60, 62, and 105 of Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government (referred to as Decree No. 63/2014/ND-CP) and comply with the templates approved by the Ministry of Planning and Investment, the TIF template of the sponsor, and the following regulations:

1. The provisions regarding contractor guidance and general contract conditions must comply with the TIF template issued by the Ministry of Planning and Investment and may not be modified. For other contents, the project owner and investor shall prepare them in accordance with the scale, nature of the tender package but must ensure that they do not contravene the legal regulations on selecting contractors.

2. The TIF must clearly specify detailed criteria for determining similarity in scale, nature, and complexity for each component and tender package. The decision approving the TRF, EOIIF, PQIF, and TIF must include detailed evaluation criteria for the expression of interest file (EOIF), prequalification submission file (PQS), tender submission file (TSF), and proposal file (PF). The tender documents issued to contractors must bear the seal of the investor (including the embossed seal).

3. The forecast table in the TIF and TRF must detail the name of the tendered work, quantity, unit of measurement (corresponding to each specific work code).

4. In the TIF of the tender package, the investor must clearly state the costs applicable according to the type of contract corresponding to that tender package. For lump-sum contracts, the investor must require the contractor to prepare a bid price including all costs for risk factors and potential cost escalation during the contract implementation period.

Article 7. Organization of Contractor Selection, Review, and Approval of Selection Results

The tenderer (Project Management Board of the investor or consulting organization hired by the investor) submits two sets of review files directly at the archives office or one-stop service center or sends via postal service to the investor; the components of the review files are specified in Clause 1, Article 105 of Decree No. 63/2014/ND-CP. The investor assigns an affiliated organization or individual or selects a consulting organization with sufficient capacity to review, draft the review report, and draft the decision for the investor's approval of the TRF, EOIIF, PQIF, and TIF in accordance with Clauses 2, 3, and 4, Article 105 of Decree No. 63/2014/ND-CP.

For ODA projects: The investor and project owner shall implement in accordance with the sponsor's regulations.

The processing time limit is stipulated in Point h, i, Clause 1, Article 12 of the Law on Bidding No. 43/2013/QH13. The approval decisions for these files shall be delivered directly or sent via postal service to the tenderer. Fees and charges are regulated in Clause 2, 3, Article 9 of Decree No. 63/2014/ND-CP.

Article 7. Organization of Contractor Selection, Review, and Approval of Selection Results

The project owner and investor organize the selection of contractors, review, and approve the results of the selection of contractors in accordance with the provisions of Articles 11, 14, 20, 26, 31, 36, 41, 43, 45, 46, 48, 50, 51, 55, 56, 58, 59, 60, 62, and 106 of Decree No. 63/2014/ND-CP, the sponsor's regulations, and the following provisions:

1. Only organize the selection of contractors when the tender package has been allocated sufficient funds as prescribed and has construction land available according to the schedule. If the tender package has been approved in the investment plan but does not meet the funding and land conditions, the investor must report to the investment decision-making authority before organizing the selection of contractors.

2. In the tender announcement, it must clearly specify the location and method of issuing the TRF, EOIIF, PQIF, and TIF, including direct issuance at the tenderer's office and issuance through postal service (announcing the investor's and tenderer's bank account numbers, estimated mailing fees included in the tender announcement).

3. In addition to the locations specified in Clause 2 of this Article, based on actual circumstances or after obtaining comments from the ministry's reviewing agency (for domestic projects) or the project owner (for ODA projects), the investor may specify additional issuance locations to ensure convenient and transparent issuance. In such cases, the investor must supplement the bidding announcement information and extend the deadline for submitting bids on the Bidding newspaper.

4. The tender announcement and in the TRF, EOIIF, PQIF, and TIF must clearly specify the location for submitting and opening EOIF, PQS, TSF, PF. The submission and opening location can be at a single location designated by the investor or at the project owner's address (for ODA projects), or at the ministry's reviewing agency's address (for domestic projects), or simultaneously at the location designated by the investor and at the project owner's address (for ODA projects), and at the ministry's reviewing agency's address (for domestic projects).

5. The investor will only evaluate PF, EOIF, PQS, TSF of contractors meeting the requirements stipulated in Clause 1, Article 15 of this Circular (will not evaluate TSF of contractors not meeting the requirements stipulated in Clause 1, Article 15 of this Circular and in the announcement of non-compliant contractors based on the contractor's capability assessment regulations of the ministry).

6. The investor is responsible for handling bidding situations in accordance with Article 117 of Decree No. 63/2014/ND-CP and the sponsor's regulations. In complex cases, the investor decides on handling the situation after obtaining the opinion of the authorized person.

7. Review and Approval Process

The tenderer (Project Management Board of the investor or consulting organization hired by the investor) submits two sets of review files directly at the archives office or one-stop service center or sends via postal service to the investor, the components of the review files are specified in Point a, Clauses 2, 3, 4, Article 106 of Decree No. 63/2014/ND-CP. The investor assigns an affiliated organization or individual or selects a consulting organization with sufficient capacity to review, draft the review report, and draft the decision for the investor's approval of the evaluation results of EOIF, PQS, list of technically qualified contractors, and selection results in accordance with Points b, c, Clauses 2, 3, 4, Article 106 of Decree No. 63/2014/ND-CP.

The time limit for handling in accordance with point g, h, k clause 1 Article 12 of Law on Bidding No. 43/2013/QH13. The decision approving the above files shall be delivered directly or sent by post to the Tenderer and relevant agencies. Fees and charges are regulated in clause 4, 5 Article 9 of Decree No. 63/2014/NĐ-CP.

Chapter IV

NEGOTIATION, SIGNING AND MANAGEMENT OF CONTRACTS

Article 8. Negotiation and signing of contracts

The project owner and investor negotiate and sign contracts in accordance with Articles 19, 31, 40, 43, 47, 48, 52, 53, 55, 56, 58, 59, 60 and 62 of Decree No. 63/2014/NĐ-CP, as stipulated in Decree No. 37/2015/NĐ-CP dated April 22, 2015, and implement the following provisions:

1. The project owner and investor must clearly define the responsibilities of the contractor implementing the tender package to avoid contract disputes (legal consultancy may be hired during negotiation and signing of the contract). Specific conditions of the contract must clearly specify the cases subject to adjustment, methods, scope of price contract adjustments, as well as the handling of additional quantities of the contract during implementation according to domestic regulations and the sponsor's regulations, detailed provisions on compensation, rewards, penalties regarding quality, progress, suspension or termination of the contract to bind each party to ensure compliance with the required progress, quality of the works, payment and disbursement.

2. For construction installation packages under lump-sum contracts, during the negotiation and completion of the contract, all parties involved must review the work, technical requirements, and schedule according to the approved design to negotiate specific contract conditions, the investor is responsible for the accuracy of the quantity, volume of work, and value of the contract.

3. Construction insurance work can form a separate tender package (for one, a group, or for all construction installation packages of the entire project) or be combined into a construction installation package. In case of combination into a construction installation package, the contractor supplements the insurance cost into the bid price based on the insurance requirements specified by the investor in the Tender Documents, Technical Specifications, and is responsible for insuring the project (component) until the completion of the contractual obligations of the tender package.

Construction project insurance costs must be based on the nature, characteristics, duration, impact level, and construction conditions of each component and project to determine appropriate deductions, ensuring the interests and investment capital of the investor when incidents occur.

Article 9. Management of Contracts

The project owner and investor manage the implementation of contracts in accordance with Articles 62, 63, 64, 65, 66, and 67 of Law on Bidding No. 43/2013/QH13; Articles 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, and 99 of Decree No. 63/2014/NĐ-CP; detailed provisions on construction contracts in Decree No. 37/2015/NĐ-CP dated April 22, 2015; provisions on contracts of sponsors for ODA projects, and implement the following provisions:

1. During the implementation of the contract, when the contractor proposes something different from the Tender Documents, Technical Specifications, the investor must consider its rationality to make a decision but must ensure quality, progress, labor safety, and more efficient savings while being responsible for their decision.

2. The investor must supervise the contractor to ensure the implementation of the contract according to the plan, schedule, and quality stated in the Tender Documents, Bid Documents, Technical Specifications, Design Documents, and signed contract. Strictly enforce the handling of contract violations for delays, non-compliance with quality standards. Publicize information on violation handling in accordance with clause 4 Article 90 of Law on Bidding No. 43/2013/QH13 and the Ministry's regulations on evaluating contractor capacity.

3. Before the contract becomes effective, the investor must receive the performance guarantee from the contractor (including in cases where the contract execution period is extended during implementation). The performance guarantee must follow the prescribed model to ensure that the investor can immediately recover without any conditions when the contractor refuses to perform the contract after it becomes effective and in cases where the contractor violates the contract, and the investor proceeds to handle the contract in accordance with the regulations and report to the investment decision-making authority.

4. Before the advance payment, the investor must receive the advance payment guarantee from the contractor in accordance with clause 4 Article 18 of Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government, equivalent to the advance payment value, the validity period of the advance payment guarantee must remain effective until the contractor completes the full advance payment. The advance payment guarantee must follow the prescribed model to ensure that the investor can immediately recover without any conditions when the contractor violates. The investor is responsible for supervising the contractor's use of advance payment funds in accordance with the tender package requirements and completing advance payment settlement in accordance with current regulations.

5. The project owner and investor must provide design documents, compensation scope, and closely cooperate with local authorities in land clearance work to ensure the tender package implementation schedule. When there are issues with construction site clearance, the investor and the local authorities will agree on a solution. If the issue exceeds the authority's jurisdiction, the investor must report to the competent authority for consideration and decision.

6. For packages under ODA projects, the contract must clearly specify the source of price index, method, and manner of calculating equivalent value, exchange rate conversion. Measures to manage risks related to foreign currency exchange rate fluctuations in the contract should be taken if the contractor quotes costs related to the implementation of the package in foreign currency.

Article 10. Adjustment of Contracts

The Project Owner and Contractor shall adjust the price and quantity of the contract in accordance with the provisions of Article 93 of Decree 63/2014/NĐ-CP, the provisions of Decree 37/2015/NĐ-CP, the provisions of the Sponsor, and the following provisions:

1. The adjustment of the contract price must be agreed upon by both parties and specifically stipulated in the contract regarding the cases where the contract price can be adjusted, the procedures, scope, methods, and basis for adjusting the contract price. The method of adjusting the contract price must be consistent with the type of contract and the nature of the work in the contract. The adjustment of the contract price only applies during the time the signed contract is being executed (excluding the warranty period). The contract price shall not be adjusted in cases of contract extension due to subjective reasons caused by the Contractor.

2. For fixed unit price contracts, when there is an increase in volume or other risks (if any) compared to the signed contract, the Project Owner is permitted to pay within the contingency volume or risk reserve of the tender package while bearing responsibility for their decision.

3. For adjustable unit price contracts, when there is a change (increase) in the unit price compared to the signed contract (price escalation) or other risk factors, volume increases that may occur during the execution of the contract, the Project Owner shall pay the Contractor according to the provisions in the signed contract and within the risk and price escalation cost reserves of the tender package, while bearing responsibility for their decision.

4. In cases where the actual volume of work performed differs by more than 20% from the corresponding volume of work recorded in the contract (based on the work code) or where there is an increase in volume without a unit price in the contract, the Project Owner and the Contractor shall agree to determine a new unit price according to the principles stipulated in the contract for the unit price of the increased volume (only applicable to the portion exceeding 20%) but not exceeding the unit price calculated based on the state's quota and regulations at the time of implementation, the portion of the increased volume up to and including 20% shall use the unit price in the contract.

5. The Project Owner shall report to the authorized investment decision-maker for review and approval before signing the contract adjustment or supplement in the following cases:

a) The contract price after adjustment (including adjustment of work volume, adjustment of unit price, adjustment of price) exceeds the tender package price or the tender package budget estimate (including the tender package contingency costs).

b) Adjustment of progress at technical milestones for important items in the tender package.

c) Extension of the contract duration.

6. For ODA projects, the Project Owner and the Project Sponsor shall submit to the competent authority for review and approval of the adjustment before seeking the sponsor's opinion in accordance with the regulations.

Chapter V

OTHER ISSUES

Article 11. Tender Evaluation Team

The Project Sponsor and Project Owner decide to establish a tender evaluation team in accordance with the provisions of Article 116 of Decree 63/2014/NĐ-CP, the provisions of the Sponsor, and the following provisions:

Depending on the nature and complexity of the tender package, the evaluation team includes members who are experts in technical, financial, commercial, administrative, legal fields, and related fields. Specifically, the technical and financial assessment content must include at least two independent assessors. To ensure objectivity and independence, each independent assessor shall conduct assessments individually, not in groups.

Article 12. Organization of review of bidding documents during the selection process of contractors

The project owner shall entrust an organization or individual under their agency to conduct reviews of the Prequalification Documents (HSYC), Invitation to Bid (HSMQT), Request for Proposal (HSMST), Tender Documents (HSMT), results of the evaluation of Bidding Documents (HSĐX), Qualification Documents (HSQT), Shortlisted Contractor Documents (HSDST), Tender Documents (HSDT), list of contractors meeting technical requirements, and the selection results of contractors according to Articles 105 and 106 of Decree No. 63/2014/NĐ-CP before approval and bear responsibility for their decision.

In cases where organizations or individuals lack the necessary capacity, the project owner must select a consulting organization with sufficient capacity and experience to conduct the review.

Article 13. Provisions on sending and managing bidding documents

1. Immediately after opening bids, the project owner must retain one set of sealed copies of the Qualification Documents (HSQT), Shortlisted Contractor Documents (HSDST), Tender Documents (HSDT), and Evaluation of Bidding Documents (HSĐX) with signatures clearly indicating the full name and unit of representatives from participating contractors at the bid opening ceremony. The project owner is responsible for legal confidentiality (during the validity period of the documents) according to current regulations. The contents and sealing methods of one set of copies of these documents must be included in the Prequalification Documents (HSYC), Invitation to Bid (HSMQT), Request for Proposal (HSMST), and Tender Documents (HSMT) so that the project owner and contractors can implement them.

2. For domestic projects, within three working days after approval (as evidenced by postmark), the project owner must send the following documents to the reviewing authority under the Ministry:

a) Approval decision along with one set of Prequalification Documents (HSYC), Invitation to Bid (HSMQT), Request for Proposal (HSMST), and Tender Documents (HSMT) (including approved design and budget documents of the tender package).

b) Approval decision on the list of contractors meeting technical requirements (including reports from the expert team and the project owner's review report).

c) Approval decision on preliminary selection results, contractor selection results, and direct award results (including reports from the expert team and the project owner's review report).

3. For ODA packages, the project owner must send one set of approved Prequalification Documents (HSYC), Invitation to Bid (HSMQT), Request for Proposal (HSMST), and Tender Documents (HSMT); the list of contractors meeting technical requirements; and the contractor selection results to the project sponsor for examination and consideration before seeking donor approval. When submitting these documents for donor approval, the project sponsor must also send them to the reviewing authority under the Ministry for consolidation and monitoring. Heads of CPO Committees and directors of project management boards must be responsible to the Minister for Prequalification Documents (HSYC), Invitation to Bid (HSMQT), Request for Proposal (HSMST), and Tender Documents (HSMT), steps of evaluating Bidding Documents (HSĐX), Qualification Documents (HSQT), Shortlisted Contractor Documents (HSDST), Tender Documents (HSDT), and contractor selection results according to legal procedures and regulations and donor requirements.

4. The project owner must submit the Contract (including annexes and supplementary annexes) signed within five working days after signing the contract to the reviewing authority under the Ministry for monitoring.

5. The project sponsor and project owner are responsible to the Minister for failing to submit or delaying submission of documents and materials as stipulated in Clauses 2, 3, and 4 of this Article.

Article 14. Budget Estimate of the Tender Package

1. The budget estimate of the tender package is approved by the project owner together with the Tender Documents (HSMT) and Prequalification Documents (HSYC) according to Article 12 of Decree No. 32/2015/NĐ-CP dated March 25, 2015 on investment cost management; the budget estimate will replace the tender price in the Investment Plan for Construction Projects to serve as the basis for tendering according to Clause 2 of Article 117 of Decree No. 63/2014/NĐ-CP. If the approved budget estimate exceeds the tender price in the Investment Plan but does not exceed the value of the item budget or tender package within the total investment ceiling (including contingency reserves), the project owner has the right to decide. If the approved budget estimate exceeds the tender price in the Investment Plan and exceeds the value of the item budget or tender package within the total investment ceiling (including contingency reserves), the project owner must follow the provisions of Clause 2 of Article 4 of this Circular before approving it.

2. The budget estimate for lump-sum contracts includes contingency costs for quantities and potential price escalation that may occur during contract implementation. Guidelines for determining bid prices must be included in the Tender Documents (HSMT) according to Clause 4 of Article 6 of this Circular.

For small-scale tender packages and lump-sum contracts, if the bid quantity is accurately determined and the execution time is short, the budget estimate does not include contingency costs for quantities and potential price escalation.

3. The budget estimate for fixed-unit-price contracts serves as the basis for awarding contracts and includes price escalation contingencies but does not include costs for risks that may occur during contract implementation (when there are changes, payment will be made according to Clause 2 of Article 10 of this Circular).

4. The budget estimate for adjustable-unit-price contracts serves as the basis for awarding contracts and does not include costs for risks and potential price escalation that may occur during contract implementation (when there are changes, payment will be made according to Clause 3 of Article 10 of this Circular).

Article 15. Publicizing information on the capacity of organizations and individuals engaged in construction projects

1. Organizations and individuals participating in bidding for packages decided to be invested in by the Ministry must provide and update information about their capacity and experience into the contractor database on the national bidding system in accordance with point k, Clause 1, Article 8 and meet the conditions stipulated in point d, Clause 1, Article 5 and point e, Clause 2, Article 22 of the Bidding Law No. 43/2013/QH13.

2. Project sponsors and investors shall regularly monitor, inspect, and evaluate the capacity of organizations and individuals participating in bidding packages (survey, design, review of design, supervision, construction) under their management in accordance with the regulations of the Ministry.

The results of the evaluation will be publicly disclosed on the Ministry of Agriculture and Rural Development's electronic information website and the website of the Construction Management Department (http://xdcb.vn). Project sponsors and investors shall base the evaluation results and the provisions of Clause 1 of this Article as grounds during the process of selecting contractors.

3. For bidding packages implemented by foreign contractors, within fifteen days from the date of signing the contract with the foreign contractor, the investor and project sponsor shall have the responsibility to submit a written report on the information of the winning contractor under their management to the Ministry of Planning and Investment, relevant appraisal agencies under the Ministry, and the Planning and Investment Departments at the localities where the project is being implemented for consolidation and monitoring.

Chapter VI

INSPECTION, SUPERVISION AND MONITORING OF CONTRACT SELECTION AND CONTRACT IMPLEMENTATION

SELECTION OF CONTRACTORS AND CONTRACT IMPLEMENTATION

Article 16. Inspection, supervision, and monitoring of the selection of contractors and contract implementation

1. General Departments, Bureaus, and Directorates under the Ministry assigned to manage projects (in special cases, the Ministry may supplement some functional units) shall be responsible for inspecting, supervising, and monitoring the selection of contractors and contract implementation by project sponsors and investors regarding procedures and processes for establishing, reviewing, approving HSYC, HSMQT, HSMST, HSMT; organizing the selection of contractors and approving the results of the selection of contractors in accordance with this Circular and the detailed regulations on inspecting the selection of contractors issued by the Ministry of Planning and Investment, the regulations of the Funding Source, and current laws.

2. Within seven working days after receiving valid documents as stipulated in Article 13 of this Circular, if any inappropriate or non-compliant content is found, the appraisal agency under the Ministry must issue a written request for the investor to review, adjust, and implement according to the legal regulations on bidding.

Chapter VII

IMPLEMENTING PROVISIONS

Article 17. Implementation Organization

1. Project sponsors and investors

a) Implement responsibilities as prescribed in Article 74 of the Bidding Law No. 43/2013/QH13 and the provisions of this Circular.

b) Strictly handle organizations and individuals who violate bidding laws within their authority, the results of which must be published on the Bidding Newspaper and the Ministry’s electronic information website in accordance with the regulations; promptly report to the Ministry and propose measures to deal with cases exceeding their authority. They are responsible before the law and the Minister when they fail to report or report inadequately or untimely upon discovering organizations or individuals violating bidding laws. They must fully and timely report on bidding activities as required; failure to report or reporting inadequately or not adhering to the time frame will result in legal responsibility.

c) Manage the implementation of contracts to ensure progress, quality, acceptance, and disbursement. Evaluate the capacity of contractors implementing bidding packages under their management in accordance with the Ministry's regulations. Strictly handle contract violations within their authority and report to the Ministry.

d) Project Management Boards and project sponsors are responsible for guiding and inspecting investors to comply with bidding regulations of the Funding Source for ODA projects, and are accountable to the Minister and the law for the selection of contractors for projects managed by the Minister.

2. Local project appraisal agencies

Inspect, urge, and evaluate the results of implementing approved bidding plans; compile bidding activities and report to project sponsors, the Ministry, and the Funding Source as required.

3. General Departments, Bureaus, and Directorates under the Ministry assigned to manage projects

Carry out management, supervision, and monitoring of the selection of contractors and contract implementation for construction investment projects assigned by the Ministry:

a) Inspect and supervise the implementation of bidding plans, organization of bidding by investors and project sponsors; report to the Ministry to handle violations of bidding laws, resolve bidding complaints as required.

b) Inspect and supervise the management and implementation of contracts by investors, project sponsors, and contractors to ensure project progress and funding source regulations; report to the Ministry to handle contract violations in accordance with contract laws and related laws.

c) Compile and report to the Ministry on bidding activities and the capacity of contractors for projects managed by the Ministry as required.

4. Construction Management Department

a) Carry out management, supervision, and monitoring of the selection of contractors and contract implementation for construction investment projects assigned by the Ministry in accordance with Clause 3 of this Article.

b) Assist the Ministry in performing state management functions over bidding activities:

Organize and guide the implementation of legal documents and policies on bidding; establish criteria for professional capacity for organizations and individuals participating in bidding activities in accordance with domestic bidding regulations and those of the Funding Source.

Develop and propose to the Ministry to issue management documents on bidding within its authority to enhance the effectiveness of state management over bidding activities for projects managed by the Ministry.

Coordinate with units specified in Clause 3 of this Article in monitoring, supervising, inspecting, resolving complaints, and handling violations of bidding laws in accordance with the Bidding Law No. 43/2013/QH13 and other related laws.

Compile and report to the Ministry on bidding activities and the capacity of contractors as required.

c) Summarize, evaluate, and report on the implementation of bidding activities for construction investment projects managed by the Ministry to the Ministry of Planning and Investment as required.

5. The Inspectorate General:

Cooperate with relevant units in inspecting, auditing, addressing complaints, grievances, and accusations in public procurement and handling violations of public procurement laws as prescribed in the Public Procurement Law No. 43/2013/QH13, this Circular, and other related legal provisions.

Article 18. Effective Date

1. This Circular takes effect from December 10, 2015; all previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Circular are hereby abolished.

2. During implementation, if any difficulties arise, units shall promptly report them to the Ministry in writing (through the Construction Management Department) for review and resolution./.