CIRCULAR

ELABORATING PROVISION, PUBLISHING OF INFORMATION AND SELECTION OF INVESTORS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

Pursuant to the Law on Procurement of Vietnam dated November 26, 2013;

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

Pursuant to the Law on E-transactions of Vietnam dated November 29, 2005;

Pursuant to the Government’s Decree No. 130/2018/ND-CP dated September 27, 2018 on guidelines for of the Law on E-transactions of digital signatures and digital signature authentication;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 detailing the implementation of several provisions of the Law on bidding regarding the selection of investors;

Pursuant to the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 on elaboration of some articles of the Law on public - private partnership investment;

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At the request of the Director of Department of Public Procurement;

The Minister of Planning and Investment of Vietnam promulgates a Circular elaborating provision and publishing of information and selection of investors on Vietnam National E-Procurement System.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular hereby details provision, publishing, use of PPP databases and selection of investors on Vietnam National E-Procurement System, including:

a) Provison and publishing of information about public - private partnership projects (hereinafter referred to as “PPP projects”); the portfolio of investment projects involving land use and projects subject to the bidding process under specialized laws or legislation on private-sector involvement;

b) Provison and publishing of information about selection of investors implementing PPP projects, investment projects involving land use and projects subject to the bidding process under specialized laws or legislation on private-sector involvement;

c) Survey of interest of investors in PPP projects, invitation to submit expression of interest in investment project involving land use within the scope of the Law on Procurement

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dd) Use of PPP databases.

2. Regarding projects containing information of state secrets as per the law on protection of state secrets, such information shall not be provided or published as per this Circular. The information of state secrets shall be managed as per the law on protection of state secrets.

3. E-selection of investors shall not be applied to the following projects:

a) PPP projects that undergo international prequalification procedure, international open bidding, competitive negotiation and investor appointment;

b) Investment projects involving land use that apply international open bidding and bidder appointment.

Article 2. Regulated entities

1. Organizations or individuals engaged in selection of investors under the scope of regulations of Article 1 of this Circular.

2. Organizations or individuals engaged in selection of investors that fall outside of the scope of the Article 1 of this Circular but choose to apply regulations of this Circular.  In case of application, the procedure for provision and publishing of information shall follow the User Manual on Vietnam National E-Procurement System.

Article 3. Definitions

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2. Abbreviations in this Circular and on the System include:

a) E-KSQT: Online survey of interest of investor in PPP project;

b) E-HSQT: online expression of interest in implementation of PPP project;

c) E-TBMST: online invitation for prequalification for PPP project;

d) E-HSMST: online document on prequalification for PPP project;

dd) E-HSMST: online application for prequalification for PPP project;

e) E-TBMQT: online invitation to submit statement of interest in investment project involving land use;

g) E-YCSBNLKN: online preliminary requirements for the qualifications in investment project involving land use;

h) E-HSDKTHDA: online document on registration of implementation of investment project involving land use.

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a) Information about the project;

b) Plan for selection of investors for investment project involving land use;

c) E-TBMQT, E-TBMST;

d) E-KSQT, E-YCSBNLKN, E-HSMST;

dd) Report, decision on approval for E-KSQT, E-YCSBNLKN, E-HSMST;

e) Record on the bid opening, records on the opening to E-HSQT, E-HSDKTHDA, E-HSDST;

g) Shortlist, list of investors who meet preliminary requirements for the qualifications; investor selection result;

h) Clarification, revisions to E-KSQT, E-YCSBNLKN, E-HSMST, E-HSQT, E-HSDKTHDA, E-HSDST; proposal for result of selection of investors and problems regarding the process of e-selection of investors;

i) Other electronic document in the System;

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5. Organization participating in the System (hereinafter referred to as “participation organization”) refers to agencies and organizations that register participation in the System with one or several roles as follows:

a) Competent agencies or competent state agencies;

b) Procuring entities;

c) Investors

d) Regulatory units;

dd) Departments of Planning and investment of provinces, economic zone management boards (hereinafter referred to as “Department of Planning and investment of province; economic zone management board”)

6. Account of the participation organization in the System (hereinafter referred to as “participation account”) refers to an account granted by the Center to the participation organization to perform one or several roles specified in Clause 5 of this Article.

Article 4. Application of Appendices

1. PPP projects:

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b) Appendix 2 used to make E-KSQT for PPP projects with special elements that need innovations in order to shorten the duration of construction of the work or infrastructure, achieve high energy-saving rates, ensure a high level of environmental safety for projects with risk of adverse impacts on the environment according to environmental protection laws;

c) Appendix 3 used to make E-HSMST for PPP projects subject to application of national prequalification;

2. Investment project involving land use: Appendix 4 used to make E-YCSBNLKN.

Article 5. Principles of application of e-selection of investors

1. E-documents transacted through the System and information published on the System shall be considered as original documents. The e-documents and information shall have the same legal validity and enforceability as paper documents, serve as a basis for evaluation, appraisal, inspection, examination, audit and disbursement.

2. The procuring entity must open the bid on the System right after the deadline for submission of bids. If there is no any investor who submits the document, the online survey of interest in PPP projects, online invitation to submit expression of interest in investment project involving land use and online prequalification for PPP projects shall be considered for an extension of the deadline for submission of E-HSQT, E-HSDKTHDA, bids or re-organization of online survey of interest in PPP projects, online invitation to submit expression of interest in investment project involving land use, online prequalification.

Article 6. Principles of provision, publishing of information and e-selection of investors

Formats of attachments; technical handling in case of system failure beyond control; registration to participate in the System and processing of document on registration; management of account and use of digital certificate; sending and receiving e-documents on the System; information technology infrastructure requirements shall comply with regulations of Articles 5, 6, 7, 8, 9 and 10 of Circular No. 08/2022/TT-BKHDT.

Article 7. Use of PPP databases

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2. The useable data is the data other than those to which citizens are not allowed to access according to regulations of the law on access to information.

Chapter II

PROVISION AND PUBLISHING OF INFORMATION ON PPP AND BIDDING ON THE SYSTEM

Article 8. Information about the qualifications of the investors

1. Information on the qualifications of investors on the System includes:

a) General information about the investors;

b) Figures on annual financial statements that have been audited; interim financial statements that have been audited according to regulations (if any);

c) Information about contracts that have been performed;

2. The investor shall actively update information about his/her qualifications according to regulations of Clause 1 of this Article on the System and take responsibility to the law for the accuracy of information declared on the System. In case the investor makes correction on the System, the System will save all the information before and after the investor makes the correction. Information about the qualifications of the investor shall be authenticated by the digital signature.

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4. If the investor makes untruthful declaration in order to gain financial benefits or other benefits or to avoid any obligation, it shall be considered fraud as prescribed in Clause 4, Article 89 of the Law on Procurement, Clause 11 Article 10 of the Law on Public – Private Partnership Investment (hereinafter referred to as “Law on PPP”)

5. Contents specified at Point b, Clause 1 of this Article: if the figures on annual financial statement on the System has been updated from the Electronic Tax System of General Department of Taxation, the Ministry of Finance and National Enterprise Registration Information System, the investor shall not declare the figures on annual financial statements. Figures on annual financial statement from 2021 onwards: in case the investor discovers that the System has not updated the figures compared to the Electronic Tax System of General Department of Taxation and the Ministry of Finance, the investor shall modify the figures in conformity with the reported figures to the tax authority. The system will save the modified versions of the information about the investor.

Article 9. Information on projects and survey of interest of investors

1. PPP projects:

a) The competent authority shall declare information on the project on the System enclosed with the decision on investment policy, decision on adjustment to investment policy (if any), decision on approval for the project, decision on approval for adjustment to the project (if any) within 10 days from the date of approval for the decisions.

b) The competent authority shall create and distribute power to the task - specific account for the Unit that prepares the project (hereinafter referred to as “the preparing unit”) or the Agency. The presiding unit that receives the proposal for the project shall publish the survey of interest of investors on the System. The survey of interest of investors shall carried out in accordance with Article 25 of Decree No. 35/2021/ND-CP.

2. In case of investment projects involving land use, the Department of Planning and Investment and the economic zone management board shall publish the list of projects (preliminary requirements for the qualifications of investors ) and E- TBMQT on the System.

3. In case of projects subject to the bidding process under specialized laws or legislation on private-sector involvement, the information on the projects (preliminary requirements for the qualifications of investors ) and invitation to submit statement of interest shall be published on the System. Contents:

a) The information on project shall contain name of project; objectives and scale of investment; basic requirements of the project; time limit and progress of investment; location in which the project is carried out, other information about the project (if any);

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c) Information on submission of document on registration of implementation of the project;

d) Other information (if necessary).

Article 10. Issuance, revisions and clarification of E-KSQT, E-YCSBNLKN, preliminary requirements for the qualifications; extension of the time limit for submission of E-HSQT, E-HSDKTHDA, document on registration of implementation of the project

1. Issuance:

a) PPP projects: E-KSQT shall be issued free of charge on the System.

b) Investment projects involving land use:

E-YCSBNLKN shall be issued free of charge on the System. At the same time, E-TBMQT shall be published successfully on the System.  During the process of publishing of E-YCSBNLKN, the Department of Planning and Investment and the economic zone management board shall attach the following documents:

- Decision approving investment policy, decision on approval for preliminary requirements for the qualifications (projects subject to approval for investment policies in accordance with the law on investment) or Decision on approval for the list of projects (projects not subject to approval for investment policies in accordance with the law on investment);

- Preliminary requirements for the qualifications that are approved (projects subject to approval for investment policies in accordance with the law on investment)

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The preliminary requirements for the qualifications of the investors shall be issued free of charge on the System. At the same time, the invitation to submit statement of interest shall be published successfully on the System. During the publishing of invitation to submit statement of interest, the following documents shall be attached:

- Decision approving investment policy, decision on approval for preliminary requirements for the qualifications (projects subject to approval for investment policies in accordance with the law on investment) or Decision on approval for the list of projects (projects not subject to approval for investment policies in accordance with the law on investment);

- Preliminary requirements for the qualifications that are approved (projects subject to approval for investment policies in accordance with the law on investment)

The paper document (preliminary requirements for the qualifications) must not be issued to the investor. If the paper document is issued to the investor, it does not have its legal validity recognized in order to make and evaluate the document on registration of implementation of the project of the investor.

2. Revisions:

a) PPP projects:

In case of revisions to E-KSQT after being issued, the preparing unit or the presiding unit or agency that receives the proposal for project shall publish the following documents on the System:

- Decision on revisions, accompanied by the revisions to E-KSQT;

- Revised E-KSQT.

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b) In case of revisions to E-YCSBNLKN after being issued, the Department of Planning and Investment and the economic zone management board shall publish the following documents on the System:

- Decision on revisions, accompanied by the revisions to E-YCSBNLKN;

- Revised E-YCSBNLKN.

c) Projects subject to the bidding process under specialized laws or legislation on private-sector involvement: in case of revisions to preliminary requirements for the qualifications, the publishing shall follow one of the following methods:

- Decision on revisions, accompanied by the revisions to preliminary requirements for the qualifications;

- Decision on revisions and preliminary requirements for the qualifications which have been revised. The preliminary requirements for the qualifications which have been revised shall clearly state the revised contents.

d) The decision on revisions accompanied by the revised contents shall be published on the System within at least 10 days before the deadline for submission of E-HSQT, E-HSDKTHDA and document on registration of implementation of the project. If the time to publish the revised documents fails to meet the requirements of this Clause, the time limit for submission of E-HSQT, E-HSDKTHDA, corresponding documents on registration of implementation of the project shall be extended.

3. Clarification:

a) PPP projects:

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b) Investment projects involving land use:

The investor requiring any clarification of E-YCSBNLKN shall send the proposal for clarification to the Department of Planning and Investment and the economic zone management board through the System within at least 05 working days before the deadline for submission of E-HSDKTHDA.

c) Projects subject to the bidding process under specialized laws or legislation on private-sector involvement: if it is required to revise preliminary requirements for the qualifications, the investor shall send the proposal for clarification through the System within at least 05 working days before the deadline for submission of document on registration of implementation of the project

d) The clarifying documents of E-KSQT, E-YCSBNLKN, preliminary requirements for the qualifications shall be published on the System within at least 02 days before the deadline for submission of E-HSQT, E-HSDKTHDA and document on registration of implementation of the project. In which, the clarification shall be included without providing the name of the investor who requests clarification.

dd) The clarification of E-KSQT, E-YCSBNLKN, preliminary requirements for the qualifications may not contravene E-KSQT, E-YCSBNLKN, preliminary requirements for the qualifications that have been approved.

If it is necessary to revise the E-KSQT, E-YCSBNLKN, preliminary requirements for the qualifications as a result of the clarification, they shall be revised following the regulations of Clause 2 of this Article.

4. Extension of the time limit for submission of E-HSQT, E-HSDKTHDA, documents on registration of implementation of the project

In case of extension of the time limit for submission of E-HSQT, E-HSDKTHDA, document on registration of implementation of the project, the notification of extension that has been published on the System shall clearly state the following information:

a) Reasons for extension;

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c) Name of the investor who meets the preliminary requirements for the qualifications in case of extension as prescribed in Clause 5a, Article 80 of Decree No. 25/2020/ND-CP dated February 28, 2020 of the Government on elaboration of some articles of the law on bidding on investor selection (hereinafter referred to as Decree No. 25/2020/ND-CP) as amended at Point c, Clause 25, Article 89 of Decree No. 35/2021/ND-CP.

5. After the result of evaluation of E-HSDKTHDA, the document on registration of  implementation of projects subject to the bidding process under specialized laws or legislation on private-sector involvement, the list of investors who meet the preliminary requirements for the qualifications shall be published on the System within 10 days from the date of the evaluation results.

Article 11. Information about plans for selection of investors in investment project involving land use;

1. Time of publishing:

Information about the plans for selection of investors shall be published on the System within 07 working days from the date on which these documents are approved. The basic information on the project shall be published concurrently with the plans for selection of investors.

2. Attachments:

The procuring entity shall attach the decision on approval for the plan for selection of investors throughout the process of publishing. In case of adjustment or modification of the plan for selection of investors, the procuring entity shall update and attach the decision on approval for the adjustment or modification on the System before publishing the invitation to bid.

Article 12. Invitation for prequalification, E-TBMST, invitation to bid PPP projects

1. The procuring entity shall publish invitation for pre-qualification for projects that undergo international pre-qualification procedure; E-TBMST for projects that undergo national prequalification procedure; invitation to bid projects that apply competitive negotiation as prescribed in Clauses 2 and 3, Article 38 of the Law on PPP on the System; at the same time, send to interested investors who apply for project implementation in accordance with regulations of Article 25 of Decree No. 35/2021/ND-CP according to the progress in implementation of the projects and the time to organize the selection of investors in the decision on approval for the PPP projects.

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Article 13. Issuance, revisions and clarification of documents on prequalification, E-HSMST, negotiation documents; extension of the deadline for submission of bids

1. Issuance:

The documents on prequalification for projects that undergo international pre-qualification procedure; E-TBMST for projects that undergo national prequalification procedure; documents on negotiation of projects that apply competitive negotiation as prescribed in Clauses 2 and 3, Article 38 of the Law on PPP on the System shall be issued free of charge on the System. At the same time, the invitation for prequalification, E-TBMST, invitation to bid shall be successfully published on the System. During the process of publishing of invitation for prequalification, invitation to bid, E-TBMST, the procuring entity must attach the following documents:

- Decision on approval for documents on prequalification, E-HSMST, documents on negotiation of projects using new and high technology.

- Approved documents on prequalification, E-HSMST, negotiation documents.

The procuring entity shall not issue the paper documents (document on prequalification and negotiation document) to the investor. If the procuring entity issue the paper documents to the investor, the paper documents do not have their legal validity recognized in order to make and evaluate application for negotiation, application for prequalification.

b) In case of discrepancies between the documents on prequalification, E-HSMST, negotiation documents that are published on the System and those that are approved, the documents on prequalification, E-HSMST, negotiation documents that are issued on the System shall serve as the basic for making and evaluation of application for prequalification for PPP projects that undergo international prequalification procedure, E-HSDST for PPP projects that undergo national prequalification procedure, application for negotiation of projects that apply competitive negotiation according to regulations of Clauses 2 and 3 Article 38 of the law on PPP.

2. Revisions:

a) Offline selection of investors: in case of revisions to the documents on prequalification, negotiation documents after being issued, the procuring entity shall publish documents in either of the following ways on the System:

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- Decision on revisions and the document on prequalification or negotiation document which has been revised, clearly indicating the revised contents.

b) E-selection of investors: In case of revisions to the E-HSMST after being issued, the procuring entity shall publish the following documents on the System:

- Decision on revisions, accompanied by the revisions to E-HSMST;

- Revised E-HSMST.

c) The revisions shall ensure the time prescribed in Clause 10, Article 31 of Decree No. 35/2021/ND-CP (PPP projects), point m, Clause 1, Article 12 of the Law on Procurement (investment projects involving land use). If the time to publish the revised documents fails to meet the requirements, the procuring entity shall extend the corresponding deadline for submission of bids.

3. Clarification:

a) A prospective investor requiring any clarification of document on prequalification, E-HSMST, negotiation document shall contact the procuring entity through the System within at least 02 working days before the deadline for submission of bids;

b) The procuring entity will respond to any request for clarification of document on prequalification, E-HSMST, negotiation document and publish the response on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of document on prequalification, E-HSMST, negotiation document may not contravene the document on prequalification, E-HSMST, negotiation document which has been approved. If the procuring entity deems it necessary to clarify the document on prequalification, E-HSMST, negotiation document as a result of a revisions, it shall do so following the regulations of Clause 2 of this Article.

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In case of extension of the deadline for submission of bids on the System, the procuring entity shall publish notification of extension, accompanied by the decision on extension on the System. In which, the following information shall be clearly stated:

a) Reasons for extension;

b) Deadline for submission of bids after extension.

Article 14. Shortlist of PPP projects

1. Time of publishing:

The procuring entity shall publish the shortlist on the System within 10 working days from the date on which the shortlist is issued.

b) In case of project applying competitive negotiation specified in Clause 1 Article 38 of the Law on PPP, the procuring entity shall publish the shortlist on the System within 10 working days from the date on which the decision on approval for the project is issued.

2. Attachments:

During the process of publishing of shortlist, the procuring entity must attach the following documents:

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b) Decision on approval for the project applying competitive negotiation specified in Clause 1 Article 38 of the Law on PPP;

c) Decision on approval for shortlist of the project applying competitive negotiation specified in Clauses 2 and 3 Article 38 of the Law on PPP;

Article 15. Invitation to bid

1. The procuring entity shall publish invitation to bid the PPP project that prequalification procedure is not applied, investment project involving land use on the System according to the progress and timeframe for the investor selection in the approved decision on approval for the plan for selection of investor in investment project involving land use or decision on approval for PPP project.

2. The invitation to bid shall only be revised, cancelled before the deadline for submission of bids.

Article 16. Issuance, revisions and clarification of bidding document; extension of the deadline for submission of bids

1. Issuance:

a) During the process of publishing of invitation to bid, the procuring entity must attach the following documents:

- Decision on approval for bidding document;

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The bidding document and invitation to bid shall be concurrently issued free of charge on the System, except for PPP projects that are bidden according to the open bidding process with prequalification, competitive negotiation. If bidding document (electronic document that has been issued on the Internet) is sold, the investor shall pay to the procuring entity an amount equal to the price of the bidding document according to regulations of Clause 1 Article 32 and point a Clause 2 Article 51 of Decree No. 35/2021/ND-CP (PPP projects) or Clause 1 Article 7 of Decree No. 25/2020/ND-CP (amended at point a Clause 5 Article 89 of Decree No. 35/2021/ND-CP) (investment projects involving land use) when submitting bid package.

The procuring entity is not allowed to issue the bidding document in form of paper document to the investor. If the procuring entity issues the paper documents, the documents do not have their legal validity recognized in order to make and evaluate bid package.

b) In case the contents of the bidding document published on the System are different from the approved contents, the bidding document issued on the System shall be the basis for making and evaluation of the bid package.

2. Revisions:

a) In case of revisions to the bidding document after being issued, the procuring entity shall publish documents in either of the following ways on the System:

a) Decision on revisions, accompanied by the revisions to the bidding document;

b) Decision on revisions and the bidding document which has been revised, clearly indicating the revised contents.

The publishing of revisions shall ensure the time prescribed in Clause 10, Article 31 of Decree No. 35/2021/ND-CP (PPP projects), Clause 7, Article 6 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 4, Article 89 of Decree No. 35/2021/ND-CP) (investment projects involving land use). If the time to publish the revised documents fails to meet the requirements, the procuring entity shall extend the corresponding deadline for submission of bids.

3. Clarification:

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b) The procuring entity will respond to any request for clarification within the time limit specified in point a of this Clause and publish the response on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of bidding document may not contravene the bidding document which has been approved. If the procuring entity deems it necessary to clarify the bidding document as a result of a revision, it shall do so following the regulations of Clause 2 of this Article.

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by investors where necessary. The procuring entity shall publish the invitation to attend the pre-bidding convention on the System. The communication between the procuring entity and the investors must be recorded by the procuring entity and published on the System within a maximum of 02 working days from the end of the pre-bid convention.

4. Extension of the deadline for submission of bids:

In case of extension of the deadline for submission of bids on the System, the procuring entity shall publish notification of extension, accompanied by the decision on extension on the System. In which, the following information shall be clearly stated:

a) Reasons for extension;

b) Deadline for submission of bids after extension.

Article 17. Cancellation, modification of published information

The cancellation, renewal or modification of published information shall follow the User Manual.

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The procuring entity shall publish the result of selection of investors, accompanied by the decision on approval on the System within 10 working days from the date on which the result of selection of investors is approved.

Article 19. Procedure for publishing on the System

The procedure for publishing of information in Articles 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 of this Circular shall follow User Manual.

Chapter III

E-SELECTION OF INVESTORS

Article 20. Submission of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project

1. Procedure for submission of E-HSQT, E-HSDST, E-HSDKTHDA and document on registration of implementation of the project on the System

a) PPP projects, investment projects involving land use:

The investor shall publish information at the requests of E-KSQT, E-HSMST, E-YCSBNLKN on the System according to the format of webform; attach files to form a set of E-HSQT, E-HSDST, E-HSDKTHDA and submit on the System.

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b) Projects subject to the bidding process under specialized laws or legislation on private-sector involvement: if the detailed regulations specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 7, Article 108 of Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of some articles of the law on investment (hereinafter referred to as Decree No. 31/2021/ND-CP) are issued, the investor shall send the detailed instructions and attach document on registration of implementation of the project on the System.

3. In case of consortium, the lead member of the consortium or the assigned member(s) in the consortium agreement shall submit E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project; at the same time, attach the consortium agreement to the System.

4. The System shall respond to the investor whether the submission of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project is successful or unsuccessful via the registered email of the investor.  The information recorded on the System that serves as the basis for handling of petitions and disputes (if any) shall contain information about the sender, the receiver, the status and time of sending, the quantity of files attached to the System when the investor submits E-HSQT, E-HSDST, E-HSDKTHDA and document on registration of implementation of the project.

5. Upon the deadline for submitting E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project, the procuring entity, the preparing unit, the presiding agency or unit that receives the proposal for PPP project, Department of Planning and investment, economic zone management board (investment project involving land use), the unit assigned by the competent authority to evaluate project subject to the bidding process under specialized laws or legislation on private-sector involvement shall access to the System and evaluate E-HSQT (in case of E-KSQT made according to regulations of point b, Clause 1 Article 4 of this Circular), E-HSDKTHDA, and document on registration of implementation of the project submitted by the investor.

Article 21. Clarification, revisions, replacement, withdrawal of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project

1. Clarification of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project:

a) The investor shall:

- Clarify E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project according to requests of the procuring entity, the preparing unit, the presiding agency or unit that receives the proposal for PPP project, Department of Planning and investment, economic zone management board (investment project involving land use), the unit assigned by the competent authority to evaluate project subject to the bidding process under specialized laws or legislation on private-sector involvement;

- Self-clarify and supplement the proving documents on the investor’s legal status and qualifications if E-HSQT, E-HSDST, E-HSDKTHDA or document on registration of implementation of the project does not include information, documents on the investor’s legal status and qualifications

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b) If the detailed regulations specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 7, Article 108 of Government’s Decree No. 31/2021/ND-CP) are issued, the projects subject to the bidding process under specialized laws or legislation on private-sector involvement shall be clarified on the System.

2. Revisions, replacement, withdrawal of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project:

a) In case the detailed regulations specified in Clause 3, Article 16 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 7, Article 108 of Government’s Decree No. 31/2021/ND-CP) are issued, the investor may revise, replace or withdraw E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project subject to the bidding process under specialized laws or legislation on private-sector involvement after submission.

b) After the deadline for submission of E-HSQT, E-HSDST, E-HSDKTHDA, document on registration of implementation of the project, the investor shall not withdraw the submitted documents.

Article 22. Preparation, submission, appraisal, approval for E-HSMST for PPP project

1. Preparation, submission, appraisal, approval for E-HSMST:

The procuring entity shall prepare E-HSMST on the System. After preparation for E-HSMST, the procuring entity shall submit E-HSMST to the competent agency for appraisal and approval. The approval for E-HSMST shall be done offline.

2. E-HSMST shall include all necessary information in order to serve as the basic for preparation for E-HSDST of the investor.   If the competent authority or the procuring entity publishes E-HSMST without full or clear information compared to the approved E-HSMST that causes difficulties for the investor in preparation for E-HSDST, the competent authority or the procuring entity shall amend and re-publish E-HSMST.

3. The bid data sheet, criteria for evaluation of validity, requirements for qualification in E-HSMST shall be digitized as a webform on the System.  The competent authority or the procuring entity shall not attach other files on the bid data sheet, criteria for evaluation of validity, requirements for qualification in E-HSMST.  If the bid data sheet and criteria for evaluation of validity, requirements for qualification are not digitized as a webform, the bid data sheet and criteria shall be considered as a part of E-HSMST. In this case, the investor shall not meet the requirements.

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Article 23. Bid opening via PPP projects subject to application of prequalification

The procuring entity shall open the bid and publicize the bid opening record on the System within 2 hours from the deadline for submission of bids.

Article 24. Submission, validation, approval for results of prequalification for PPP projects

1. The procuring entity shall submit the result of prequalification to the competent agency and the appraisal unit.

2. The competent agency shall approve the result of prequalification according to reports on evaluation of E-HSQT, appraisal of the result of prequalification

Article 25. Roadmap for application of e-selection of investors

Ministers, ministerial-level agencies, governmental agencies, the People's Committees of provinces shall organize e-selection of investors according to the roadmap as follows:

1. From June 1, 2023, the provision and publishing of information on projects subject to bidding process under specialized laws or legislation on private-sector involvement shall be conducted on the System.

2. From August 15, 2023, the issuance of E-KSQT, E-HSMST, E-YCSBNLKN and submission of E-HSQT, E-HSDST, and E-HSDKTHDA for PPP projects, investment projects involving land use shall be conducted on the System.

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RESPONSIBILITIES OF PARTIES WHO PARTICIPATE IN PROVISION, PUBLISHING OF INFORMATION AND SELECTION OF INVESTORS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

Article 26. Responsibilities of competent state agencies and competent agencies

1. Be responsible to the law for the accuracy and truthfulness of the information registered and published on the System when logging in the System with their participation account.

2. Check and confirm the posting of their information on the System.

3. Manage and take charge of the distribution of power to the task - specific account corresponding to their role; manage the use of digital certificates which have been registered on the System.

Article 27. Responsibilities of the preparing units, the presiding agencies or units that receive the proposals for PPP projects; Departments of Planning and Investment, economic zone management boards (investment projects involving land use), units assigned by the competent authorities to evaluate projects subject to the bidding process under specialized laws or legislation on private-sector involvement;

1. Fulfill responsibilities specified in Clauses 1, 2, 3 and 4 Article 35 of the Law on PPP (PPP projects) and Points a, b, c, dd, k Clause 1 and Points a, b, c, dd, e and k Clause 2 Article 75 of the Law on Procurement (investment projects involving land use) for the procuring entity.

2. In case of projects under international competitive bidding, the information specified in Articles  12, 14, 15, 17 and 18 of this Circular must be published on the System in Vietnamese and English.

3. Be responsible for the accuracy of the documents published on the System and the approved documents. In case there is a discrepancy between the documents published on the System and the approved documents, the documents published on the System shall prevail.

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5. Manage and take charge of the distribution of power to the task - specific account corresponding to their role; manage the use of digital certificates which have been registered on the System.

Article 28. Responsibilities of the Center, E-GP project management enterprise and Vietnam Public Procurement Review Journal

1. The Center and E-GP project management enterprise shall fully perform their responsibilities for provision and publishing of information on public – private partnership investment and bidding in accordance with the corresponding regulations of the Law on Procurement on selection of investors and User manual.

2. Vietnam Public Procurement Review Journal shall:

a) Review and detect invalid information as prescribed in Clause 4 Article 3 of this Circular and notify the competent state agency, the competent agency or the procuring entity within 01 working day from the time on which the competent state agency, the competent agency or the procuring entity itself publishes information on the System. The notification shall be done on the System, via email, mobile application or other communication channels about invalid information for the competent state agency, the competent agency or the procuring entity to correct, complete and re-publish on the System.

b) Extract the information specified in Articles 9, 12, 14, 15, 17 and 18 of this Circular for 01 period on the Vietnam Public Procurement Review Journal within 02 working days from the date on which the competent state agency, the competent agency or the procuring entity publishes the information itself on the system according to regulations

3. In case of any error in the publishing of information on selection of investors such as delayed posting, incorrect contents or intentionally not publishing information, causing damage to, the competent state agencies, the competent agencies, the procuring entities or investors, VPPR Journal must publish public correction in accordance with law on press. Depending on the severity of errors, relevant organizations and individuals of the VPPR Journal will be subject to sanctions in accordance with the Law on officials, public employees and workers and other relevant laws.

Article 29. Responsibilities of investors

1. Register to join the System to be approved according to the regulations before the deadline for submission of bids to ensure their eligibility as prescribed at Point d Clause 1 Article 5 of the Law on Procurement (investment projects involving land use) or according to User Manual (PPP projects)

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3. Provide and publish information about bidding on the System, fulfill responsibilities specified in Article 80 of the Law on Procurement (investment projects involving land use) or according to User Manual (PPP projects).

4. Manage participation account and digital certificate on the System.

5. Be responsible for the accuracy of information declared on the webform and the attached documents throughout the process of interest in implementation of PPP project, making of bid. The investors shall enter information according to requests of -KSQT, E-YCSBNLKN, E-HSMST and attach documents in order to create a set of E-HSQT, E-HSDKTHDA, E-HSDST according to User Manual.

6. Research E-KSQT, E-YCSBNLKN, E-HSMST for projects that have been interested by investors in order to prepare E-HSQT, E-HSDKTHDA, E-HSDST in conformity with requirements of E-KSQT, E- YCSBNLKN, E-HSMST. In case it is discovered that the E-KSQT, E-YCSBNLKN and E-HSMST contain unclear contents that causes difficulties for the investor in preparation for the E-HSQT, E-HSDKTHDA, E-HSDST, the investor shall request the procuring entity to clarify the E-KSQT, E-YCSBNLKN and E-HSMST for the competent state agency, the competent agency and the procuring entity to amend and supplement these documents accordingly.

7. Monitor and update the information on project that the investor concerns about or makes on the System. In case of any error arising due to failure to monitor and update information on the System leading to disadvantages for the investor throughout the process of making of bid, including: change or modification of E-KSQT, E-YCSBNLKN, E-HSMST, time of submission of E-HSQT, E-HSDKTHDA, E-HSDST, time of clarification of E-HSQT, E-HSDKTHDA, E-HSDST, time of negotiation, completion of contract and other contents, the investor shall take responsibility and suffer from disadvantage throughout the process of making of bid.

8. In case the legal representative of the investor authorizes the branch director, the director of dependent subsidiary company, the director of the factory… to perform the tasks throughout the process of making of bid, the participation account of the investor shall be used to make the bid. The participation account of the branch, the dependent subsidiary company and the factory shall not be used to make the bid in this case. 

If the participation account of the branch or the dependent subsidiary company is used to make the bid, the bidder shall be considered as ineligibility as prescribed in Clause 1, Article 5 of the Law on Procurement (investment projects involving land use) or according to User Manual (PPP projects).

Chapter V

IMPLEMENTATION

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1. In case of PPP projects surveys of interest of which have been published before August 15, 2023, the sequences and procedure for surveys of interest shall be conducted in accordance with the issued documents and regulations of the relevant laws; According to the results of surveys, in case of projects subject to application of national prequalification the online pre-qualification shall be carried out according to regulations of this Circular. If the projects are bidden according to the open bidding process without pre-qualification or competitive negotiation under Clause 1, Article 38 of the PPP Law, the information about PPP shall be provided and published as prescribed in Clause 1, Article 9 of the Law on PPP and regulations of this Circular.

2. In case of PPP projects the documents on prequalification of which have been published before August 15, 2023, the sequences and procedure for selection of investors shall be conducted in accordance with the issued documents and regulations of the relevant laws; According to the results of pre-qualification, the provision and publishing of information about PPP shall comply with the provisions of Clause 1, Article 9 of the Law on PPP and this Circular.

3. In case of investment projects involving land use, projects subject to the bidding process under specialized laws or legislation on private-sector involvement the lists of projects of which have been published before August 15, 2023, the sequences and procedure for assessment of preliminary requirements for the qualifications of investors shall be conducted in accordance with the issued requirements and regulations of the relevant laws According to the results of assessment of preliminary requirements for the qualifications, the provision and publishing of information about PPP shall comply with the provisions of this Circular.

4. In case of PPP project subject to application of domestic pre-qualification at the decision on investment policy or the decision on approval for the project, the document on prequalification of which has not been issued by August 15, 2023, the online pre-qualification shall comply with regulations of this Circular without amendments to the decision on investment policy or the decision on approval for the project.

5. In case of projects the invitations to submit statement of interest, the invitations for prequalification and the invitations to bid of which have been published on the System at http://muasamcong.mpi. gov.vn without opening bid, publishing the list of investors who meet preliminary requirements on qualification, the shortlist and the results of selection of investors, the specialized digital certificate issued by the Center shall be used to publish on this System when this Circular takes effect

Article 31. Amendments and annulment of some articles of Circular No. 09/2021/TT-BKHDT dated November 16, 2021 of the Minister of Planning and Investment on guidelines for selection of investors for executing public-private partnership projects and investment projects involving land use

1. Clause 4 Article 8 of Circular No. 09/2021/TT-BKHDT dated November 16, 2021 of the Minister of Planning and Investment on guidelines for selection of investors for executing public-private partnership projects and investment projects involving land use (hereinafter referred to as “Circular No. 09/2021/TT-BKHDT”) shall be annulled.

2. Clause 3, Section 1 Appendix VIII issued together with Circular No. 09/2021/TT-BKHDT shall be amended as follows:

 “3. According to the functions, tasks and powers of specialized agencies under the provincial-level People's Committee, agencies under the provincial-level People's Committee as prescribed by law (hereinafter referred to as “the agencies under the provincial-level People's Committee”) and specific conditions of each local area, the President of the provincial People's Committee shall assign the agencies under the provincial-level People's Committee to appraise the value of minimum payment to state budget (m3) and send it to the Department of Planning and Investment to summarize throughout the process of appraisal of bidding documents.

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3. Clause 2.c Table No. 01 Section 2 Chapter II Appendix VI and Clause 2.c Table No. 01 Section 2.3 Chapter III Appendix VII issued together with Circular No. 09/2021/TT-BKHDT shall be amended as follows:

“c) Category 3: The project in the _____sector [enter sector similar to that of the project under consideration, including investment projects on construction of urban areas; construction of civil works with one or more functions, including: houses (except for individual houses); headquarters, working offices; commercial works, services] which the investor participates in as a main contractor of construction and installation. The project is completed or mostly completed within the last ____ years [enter the number of years, between 03 - 05 years before the deadline for submission of bid] and has a minimum value of ____ [enter value, in the range of 30%-70% of the value of corresponding work of the project under consideration]."

Article 32: Entry into force

1. This Circular comes into force as of August 01, 2022.

2. From the effective date of this Circular, the Articles 7, 8, 9, 10 and 13 of Circular No. 06/2020/TT-BKHDT dated September 18, 2020 of the Minister of Planning and Investment of Vietnam on guidance on implementation of Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on implementation of a number of articles of the law on bidding with regard to investor selection will expire

3. The figures on annual financial statement of the investors shall be shared from the National Enterprise Registration Information System and the Electronic Tax System.

4. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

5. Every year, the Ministry of Planning and Investment of Vietnam shall provide guidance on the provision and publishing of information on PPP, bidding on the System and Vietnam Public Procurement Review Journal in accordance with the Tet and holiday schedule as notified by the Ministry of Labor, War Invalids and Social Affairs of Vietnam.

6. According to actual condition, the Public Procurement Agency, the Ministry of Planning and Investment may make necessary revisions to webforms on the System to enable entities to select investors online so as to simplify administrative procedure, promote the competition, equity, transparency and economic efficiency in selection of investors, and ensure the effectiveness of the roles of regulatory agencies in public – private partnership investment and bidding.

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MINISTER




Nguyen Chi Dung