Circular No. 80/2025/TT-BTC detailing the models of tender request files, evaluation reports, verification reports, inspection, and implementation status reports on tender activities.

CIRCULAR

Detailed regulations on the model of tender request files, evaluation reports, review reports, inspection, and implementation status reports of tendering activitiesunder Law on Bidding No. 22/2023/QH15 amended and supplemented by Law No.

On the basis of 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; 57/2024/QH15, LAW NUMBER 90/2025/QH15;

Decree No. 166/2025/NĐ-CP dated June 30, 2025 of the Government; At the proposal of the Director of the Tender Management Department,

Decree No. Decree No. 29/2025/NĐ-CP dated February 24, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance amended and supplemented by Decree No. The Minister of Finance issues this Circular detailing the model of tender request files, evaluation reports, review reports, inspection, and implementation status reports of tendering activities.

Article 1. Scope of Application

This Circular details the model of tender request files, evaluation reports, review reports, inspection, and implementation status reports of tendering activities.

Article 1. Scope of Regulation and Applicability

2. This Circular applies to agencies, organizations, and individuals implementing or related to the activities specified in Clause 1 of this Article.

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:

a) Model 1A is used to prepare the tender request package for construction works;

b) Model 1B is used to prepare the tender request package for goods procurement;

c) Model 1C is used to prepare the tender request package for non-advisory service contracts;

d) Model 1D is used to prepare the tender request package for advisory service contracts.

For international direct award packages, direct purchase packages, the project owner shall modify the tender request forms issued together with this Circular as appropriate, ensuring compliance with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

For hybrid packages (EPC, EP, EC, PC) using the direct award method, the project owner shall modify the tender invitation forms for EPC, EP, EC, PC packages through the network issued together with Circular No. 79/2025/TT-BTC dated August 4, 2025 of the Minister of Finance guiding the provision and publication of information on contractor selection and tender documents on the National Tendering Network System as appropriate, ensuring compliance with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

Article 3. Evaluation Report Models

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;

b) Model 2B 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 two-envelope format;

c) Model 2C is used to prepare the evaluation report of tender documents for advisory service contracts applying open tendering and selective tendering methods without online procedures.

For packages applying the two-stage method, interest documents, prequalification documents, proposal documents, the project owner shall modify the evaluation report models issued together with this Circular as appropriate, ensuring compliance with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

Article 4. Review Report Models

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

a) Model 3A is used to prepare the review report of tender invitations;

b) Model 3B is used to prepare the review report of the list of contractors meeting technical requirements for packages applying the one-stage two-envelope method and online bidding procedures according to the ordinary process;

c) Model 3C is used to prepare the review report of the selected contractor results.

For packages applying the two-stage method, interest invitations, prequalification invitations, tender request documents; reviewing the results of interest documents, prequalification documents; reviewing the list of contractors meeting technical requirements for packages applying the two-stage method; reviewing the results of selected contractors for packages applying the two-stage method, online bidding, direct award, and direct purchase, the project owner shall modify the review report models issued together with this Circular as appropriate, ensuring compliance with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

Article 5. Inspection Activity Models

a) Model 4.1A is used to prepare the periodic inspection plan for tendering activities;

b) Model 4.1B is used to prepare the detailed inspection plan;

c) Model 4.2 is used to prepare the outline report on the implementation status of contractor and investor selection activities;

d) Model 4.3 is used to prepare the inspection report on contractor and investor selection activities;

đ) Model 4.4 is used to prepare the conclusion of the inspection of contractor and investor selection activities;

e) Model 4.5 is used to prepare the report on the implementation status of the inspection conclusion.

Article 6. Implementation Status Report Model

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

6. Appendices:

a) Appendix 1: Bid closing record;

b) Appendix 2A: Bid opening record (for packages applying the one-stage one-envelope method);

c) Appendix 2B: Technical proposal opening record (for packages applying the one-stage two-envelope method);

d) Appendix 2C: Financial proposal opening record (for packages applying the one-stage two-envelope method);

đ) Appendix 3: Inspection decision;

e) Appendix 4: Inspection notification;

g) Appendix 5: Record of announcing the inspection decision;

h) Appendix 6: Notification of completion of direct inspection;

For the Memorandum proposing approval of the list of contractors meeting technical requirements, the Decision approving the list of contractors meeting technical requirements, the Minutes of contract negotiations (if any), and the Decision approving the tender selection results for tenders not conducted online, the project owner shall amend the corresponding templates in the Appendix issued together with Circular No. 79/2025/TT-BTC to ensure compliance with the Bidding Law and Decree No. 214/2025/NĐ-CP.

7. In cases stipulated in point e, Clause 2, Article 78 of Decree No. 214/2025/NĐ-CP, direct award may be applied to construction packages under projects, procurement budgets of the same project owner or another project owner. A construction package with similar scale and nature to a previously tendered open or selective tender package shall be determined as follows:

a) Having the same type of structure and level of construction works according to the Construction Law regulations; if the construction package previously signed has a higher level of construction works than the current package being considered, it shall be deemed to meet the level requirement;

b) The value of the construction package does not exceed 200% of the contract price (including the revised contract value) of the previously signed construction package when directly awarding to an independent contractor or a consortium; the value of the construction package does not exceed 200% of the value of the construction work undertaken by the consortium member in the previously signed construction package when directly awarding to that consortium member.

An independent contractor or a consortium implementing a previously signed construction package may be considered for direct award according to the provisions of point e, Clause 2, Article 78 of Decree No. 214/2025/NĐ-CP upon completion and acceptance of all construction works in accordance with the signed contract. A consortium member implementing a previously signed construction package may be considered for direct award according to the provisions of point e, Clause 2, Article 78 of Decree No. 214/2025/NĐ-CP upon completion and acceptance of all construction works undertaken by that consortium member in accordance with the signed contract.

8. If there is a need to amend the contents in the Model Request for Proposal specified in Clause 1 of this Article, the organization or individual responsible for preparing, reviewing (if applicable), and approving the Request for Proposal must ensure that the amendments are consistent with the tender requirements and do not contravene the Bidding Law and Decree No. 214/2025/NĐ-CP. The Memorandum proposing approval of the Request for Proposal must clearly state the amended contents compared to the Model Request for Proposal and the reasons for the amendments for the project owner's consideration and decision. In all cases, the project owner must ensure that the selected contractor has the capacity, experience, and technical solutions to implement the tender according to the schedule, quality, and other requirements specified in the Request for Proposal.

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

1. Annually, the Ministry of Finance shall compile and report to the Prime Minister on the implementation of bidding activities nationwide.

2. Ministries, agencies at the ministerial level, government agencies, central-level agencies, provincial People's Committees, and other agencies and organizations subject to the application as prescribed in Article 2 of the Bidding Law shall report annually on the implementation of bidding activities within their respective regions, sectors, and fields of management through the National Public Procurement System or submit written reports to the Ministry of Finance in cases requiring confidentiality.

3. Provincial Departments of Finance and units entrusted with managing bidding activities shall assist ministries, agencies at the ministerial level, government agencies, central-level agencies, provincial People's Committees, and other agencies and organizations in supervising and compiling annual reports on the implementation of bidding activities by project owners and tenderers within their respective regions, sectors, and fields of management.

4. Project owners and tenderers shall report on the implementation of bidding activities to the agencies and organizations specified in Clause 3 of this Article and shall conduct such reporting through the National Public Procurement System.

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

1. The Ministry of Finance 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 other organizations shall submit their reports through the National Tendering Network 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 such holidays.

3. Project owners and tender invitors shall submit periodic annual reports on the implementation of tendering activities according to the deadlines set forth by the Department of Finance and units responsible for managing tendering activities.

Article 5. Transitional Provisions

1. For inspection decisions on tendering activities issued prior to the effective date of this Circular, such inspections shall be carried out in accordance with those decisions and the provisions of Circular No. 23/2024/TT-BKHĐT dated December 31, 2024, issued by the Minister of Planning and Investment detailing the model tender request documents, evaluation reports, audit reports, inspection reports, and reports on the implementation of tendering activities.

2. For tender request documents that have been issued and whose submission deadlines have expired before the effective date of this Circular, the selection of contractors shall be conducted in accordance with the issued tender request documents, and the signing and management of contracts shall comply with the provisions of the Law on Bidding and Decree No. 214/2025/NĐ-CP.

3. For tenders that have issued tender request documents before the effective date of this Circular but have not yet reached their submission deadline, project owners shall consider and decide on the selection process as follows:

a) Continue selecting contractors based on the issued tender request documents in accordance with Clause 2 of this Article;

b) Amend the tender request documents to organize the selection of contractors in accordance with this Circular.

4. From the effective date of this Circular, for tenders within the scope of Circulars No. 12/2022/TT-BKHĐT and No. 15/2022/TT-BKHĐT that have not prepared tender invitation documents or have prepared and approved tender invitation documents containing contents inconsistent with or contrary to Clauses 3 and 4 of Article 6 of this Circular but have not yet issued the tender invitation documents, they must prepare, amend, and approve the tender invitation documents again in accordance with Circulars No. 12/2022/TT-BKHĐT and No. 15/2022/TT-BKHĐT, Clauses 3 and 4 of Article 6 of this Circular. For tenders that have issued tender invitation documents before the effective date of this Circular, the selection of contractors shall continue based on the issued tender invitation documents.

Article 6. Implementation Organization

1. This Circular takes effect from August 8, 2025.

2. From the effective date of this Circular, Circular No. 23/2024/TT-BKHĐT ceases to be effective.

3. Amend certain contents at Section 5.3 Chapter III - Criteria for Evaluating Bid 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 documents 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), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (UKVFTA), and Section 5.3 Chapter III - Criteria for Evaluating Bid 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 documents 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 price score is determined based on the bid price after corrections and adjustments, minus any discount (if applicable), excluding taxes, fees, and charges. Specifically, as follows:

Price score being evaluated_{= (G} lowest_{x T) / G} - 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.

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

- To be filed: VT, Department of Bidding Management.