Circular No. 07/2024/TT-BKHĐT detailing the templates for tender request documents, evaluation reports, verification reports, inspections, and implementation status reports on tender activities.

CIRCULAR

DETAILING THE FORMS OF PROCUREMENT REQUIREMENTS DOCUMENTS, EVALUATION REPORTS, REVIEW REPORTS, INSPECTION REPORTS, AND IMPLEMENTATION STATUS REPORTS OF PROCUREMENT ACTIVITIES

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

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

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. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing measures of the Law on Bidding regarding the selection of investors for projects required to be tendered under laws governing industries and sectors;

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;

Pursuant to Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing certain provisions of the Law on Bidding concerning the selection of investors;

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 detailing the forms of procurement requirements documents, reportsevaluating costs, review reports, inspection reports, and implementation status reports ofbidding 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:

1. The form of the procurement requirements document applies to the ordinary direct award procedure specified in Article 76 and Article 77 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing measures of the Law on Bidding regarding the selection of contractors (hereinafter referred to as Decree No. 24/2024/NĐ-CP):

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 hybrid tender packages applying the direct award method, international direct award packages, and direct purchase packages, the preparation of the procurement requirements document shall apply the forms prescribed in this clause while ensuring compliance with 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) Form No. 2A is used to prepare the evaluation report of bids for non-advisory service packages, goods procurement, construction works, and hybrid packages applying open tendering and selective tendering without electronic means using a single-stage single-envelope procedure;

b) Form No. 2B is used to prepare the evaluation report of bids for non-advisory service packages, goods procurement, construction works, and hybrid packages applying open tendering and selective tendering without electronic means using a two-stage two-envelope procedure;

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.

The preparation of the evaluation report of interested parties' documents, prequalification bid documents, and bid documents for two-stage tendering without electronic means, and proposal submission documents shall apply the forms prescribed in this clause while ensuring compliance with 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) Form No. 3B is used to prepare the review report of the list of contractors meeting technical requirements for two-stage two-envelope tendering procedures and online bidding procedures according to the ordinary process;

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

The preparation of the tender invitation document review report for two-stage tendering procedures, interested party invitation documents, prequalification invitation documents, and procurement requirement documents; the review of the evaluation report of interested parties' documents and prequalification bid documents; the review of the list of contractors meeting technical requirements for two-stage tendering procedures; the review of the contractor selection result for two-stage tendering procedures, online bidding, direct award, and direct purchase procedures shall apply the forms prescribed in this clause while ensuring compliance with 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) Form No. 4.1B is used to prepare the detailed inspection plan;

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

d) Form No. 4.3 is used to prepare the Inspection Report on the Selection of Contractors and Investors;

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

e) Form No. 4.5 is used to prepare the Report on Feedback on the Implementation of the Inspection Conclusion.

5. Form No. 5 is used to prepare the Implementation Status Report on Procurement Activities.

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

a) Appendix 1: Bid Closing Minutes (if necessary);

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);

đ) Appendix 3: Inspection Decision;

e) Appendix 4: Inspection Notification;

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

h) Appendix 6: Direct Inspection Completion Notification.

For non-electronic bidding, the models of the Memorandum requesting approval of the list of contractors meeting technical requirements, the Decision approving the list of contractors meeting technical requirements, the Minutes of contract negotiation, the Memorandum requesting approval of the bidding result selection, the Decision approving the bidding result selection, and the Commitment Letter shall be applied according to the templates issued together with Circular No. 06/2024/TT-BKHĐT dated April 26, 2024, guiding the provision and publication of information on contractor selection and bidding document templates on the National Electronic Bidding System, ensuring compliance with the Law on Bidding and Decree No. 24/2024/NĐ-CP.

7. In cases where it is necessary to amend the contents specified in the Model of the Request for Proposal as stipulated in Clause 1 of this Article, the organizations and individuals responsible for preparing, reviewing, and approving the Request for Proposal 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 Memorandum requesting approval of the Request for Proposal must clearly state the amended contents compared to the Model of the Request for Proposal and the reasons for the amendments for the investor's consideration and decision. In all cases, the investor must ensure that the selected contractor has the necessary capacity, experience, and technical solutions to implement the tender package in accordance with 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 Planning and Investment shall compile and report to the Prime Minister on the situation of bidding activities nationwide.

2. Ministries, ministerial-level agencies, government agencies, central-level agencies, provincial People's Committees, state-owned enterprises, and other entities subject to the application as prescribed in Article 2 of the Law on Bidding shall report annually on the implementation of bidding activities within their respective regions, sectors, and fields of management through the National Electronic 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, shall assist ministries, ministerial-level agencies, government agencies, central-level agencies, provincial People's Committees, state-owned enterprises, and other entities in supervising, compiling, and reporting on the implementation of bidding activities annually by investors and tenderers within their respective regions, sectors, and fields of management.

4. Investors and tenderers shall report on the implementation of bidding activities for their respective tender packages and projects to the Provincial Department of Planning and Investment and units entrusted with managing bidding activities as stipulated 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 before April 15 of the following year of the reporting period. If the reporting date coincides with a weekly holiday or public holiday as prescribed by labor laws, the reporting date shall be the first working day after the holiday or public holiday.

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

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

Article 5. Transitional Provisions

1. Inspection teams established pursuant to inspection decisions promulgated prior to the effective date of this Circular shall conduct their activities in accordance with those decisions and the provisions of Circular No. 10/2016/TT-BKHĐT dated July 22, 2016, detailing the supervision, monitoring, and inspection of bidding activities issued by the Minister of Planning and Investment.

2. For tender packages applying the direct award or direct purchase method:

a) For tender packages that have issued Request for Proposals from January 1, 2024, to February 26, 2024, the preparation of Request for Proposals, evaluation of proposal submissions, review of contractor selection results, signing, and management of contract execution shall be carried out in accordance with the provisions of Law on Bidding No. 22/2023/QH15 and relevant provisions of Decree No. 63/2014/NĐ-CP that remain consistent with Law on Bidding No. 22/2023/QH15.

b) For tender packages that have issued Request for Proposals from February 27, 2024, to the effective date of this Circular, the preparation of Request for Proposals, evaluation of proposal submissions, review of contractor selection results, signing, and management of contract execution shall be carried out in accordance with the provisions of Law on Bidding No. 22/2023/QH15 and Decree No. 24/2024/NĐ-CP.

c) From the effective date of this Circular, for tender packages that have not yet issued Request for Proposals prior to the effective date of this Circular, the Request for Proposal must be prepared, modified, submitted, reviewed, and approved in accordance with the provisions of this Circular.

Article 6. Effectiveness

1. This Circular shall take effect from June 15, 2024.

2. From the effective date of this Circular, the following Circulars shall cease to be effective:

a) Circular No. 10/2016/TT-BKHĐT dated July 22, 2016, detailing the supervision, monitoring, and inspection of bidding activities issued by the Minister of Planning and Investment;

b) Circular No. 19/2015/TT-BKHĐT dated November 27, 2015, detailing the preparation of review reports during the process of selecting contractors issued by the Minister of Planning and Investment;

c) Circular No. 23/2015/TT-BKHĐT dated December 21, 2015, detailing the preparation of bid evaluation reports issued by the Minister of Planning and Investment;

d) Circular No. 06/2017/TT-BKHĐT dated December 5, 2017, detailing the provision of bidding information and reporting on the implementation of bidding activities related to contractor selection issued by the Minister of Planning and Investment.

3. ABOLISH THE PROVISIONS SET OUT IN ARTICLE 10 OF CIRCULAR NO. 09/2019/TT-BKHĐT DATED JULY 29, 2019 ISSUED BY THE MINISTER OF PLANNING AND INVESTMENT TO AMEND, SUPPLEMENT, AND REPEAL CERTAIN CLAUSES OF RELATED CIRCULARS CONCERNING REGULAR REPORTING SYSTEMS WITHIN THE SCOPE OF STATE ADMINISTRATIVE MANAGEMENT AND THE REPORTING INFORMATION SYSTEM OF THE MINISTRY OF PLANNING AND INVESTMENT.

Article 7. Responsibility for Implementation

1. THE MINISTRIES, GOVERNMENT-EQUIVALENT ORGANIZATIONS, CENTRAL GOVERNMENT AGENCIES, OTHER CENTRAL AUTHORITIES, PEOPLE'S COMMITTEES AT ALL LEVELS, AND ASSOCIATIONS AND INDIVIDUALS INVOLVED SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR.

2. IN CASE OF ANY DIFFICULTIES DURING IMPLEMENTATION, THE MINISTRIES, GOVERNMENT-EQUIVALENT ORGANIZATIONS, CENTRAL GOVERNMENT AGENCIES, OTHER CENTRAL AUTHORITIES, PEOPLE'S COMMITTEES AT ALL LEVELS, AND ASSOCIATIONS AND INDIVIDUALS INVOLVED SHALL FORWARD THEIR COMMENTS TO THE MINISTRY OF PLANNING AND INVESTMENT FOR PROMPT GUIDANCE.