Thông tư 17/2010/TT-BKH

CIRCULAR

PROVIDING IN DETAIL PILOT ONLINE BIDDING

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11 and June 19, 2009 Law No. 38/2009/QHI2 Amending and Supplementing a Number of Articles of the Laws concerning Capital Construction Investment;
Pursuant to November 29, 2005 Law No. 51/ 2005/QH11on E-Transactions;
Pursuant to the Government s Decree No. 85/ 2009/ND-CP of October 15. 2009, guiding the implementation of the Bidding Law and selection of construction contractors under the Construction Law;
Pursuant to the Government's Decree No. 26/ 2007/ND-CP of February 15, 2007, detailing the Law on E-Transactions regarding digital signatures and digital signature certification services;
Pursuant to the Government's Decree No. 116/2008/ND-CP of November 14, 2008, defining the. functions, tasks, powers and organizational structure of the. Ministry of Planning and Investment,
The Ministry of Planning and Investment provides in detail pilot online bidding as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. Pilot online bidding shall be conducted for consultancy service, procurement and engineering bidding packages for which contractors are selected through open bidding. restricted bidding or domestic competitive offering.

2. In online bidding, the following steps of the contractor selection process shall be implemented on the Internet:

a/ Publishing the bidding plan:

b/ Notifying the invitation for submission of dossiers of expression of interest (EOI). notifying the invitation for prequalification. notifying the invitation for bids and notifying the invitation for offers:

c/ Issuing dossiers of invitation for EOI. dossiers of invitation for prequalification. bidding dossiers and dossiers of requirements;

d/ Submitting dossiers of EOI, dossiers of prequalification participation, bid dossiers and dossiers of proposals;

e/ Opening bids and dossiers of proposals (records of bid opening and records of opening dossiers of proposals);

f/ Notifying contractor selection results:

g/ Publishing information on contractors violating the biding law.

Article 2. Subjects of application

1. Pilot online bidding shall be conducted at three agencies, namely the People's Committee of Hanoi, the Vietnam Post and Telecommunications Group and the Vietnam Electricity Group (below referred to as piloting agencies).

a/ Investors and bid solicitors of the piloting agencies defined in Clause 1 of this Article shall perform the steps specified at Points a. b. c and g. Clause 2. Article 1 of this Circular.

b/ Each piloting agency shall select at least five (5) procurement bidding packages, three (3) consultancy service bidding packages and three (3) engineering bidding packages for which contractors are selected through competitive offering, open bidding or restricted bidding for pilot online bidding under Clause 2. Article I of this Circular.

2. Agencies and organizations other than those defined in Clause 1 of this Article are encouraged to apply online bidding under this Circular.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Online bidding or e-bidding means the process of utilizing the Internet and computing apparatuses to select contractors under the bidding law.

2. Online bidding system (below referred to as system) consists of a server system, computing apparatuses (hardware) and information technology application programs (software) installed on the server at http:// muasamcong.mpi.gov.vn for conducting online bidding.

3. System operating agency is the Department of Public Procurement under the Ministry of Planning and Investment.

4. Provider of digital signature certification services used in the system during the pilot period is the Department of Public Procurement under the Ministry of Planning and Investment.

5. E- document means a document in electronic form which is created, sent, received and stored in the system, including bidding plan, dossier of invitation for EOI. dossier of EOI, dossier of invitation for prequalification. dossier of prequalification participation, bidding dossier, bid dossier, dossier of requirements, dossier of proposals and e-documents exchanged between the bid solicitor and contractor in the process of contractor selection.

6. Digital certificate used in online bidding (below referred to as digital certificate) means a certificate in electronic form granted by the provider of digital signature certification services for conducting online bidding in the system. A valid digital certificate means a digital certificate neither expired yet. suspended, destroyed nor revoked.

7. Asymmetrical cipher system means a cipher system which is capable of creating a pair of keys consisting of a secret key and a public key.

8. Digital signature used in online bidding (below referred to as digital signature) means a type of e-signature which is created through changing a data massage using the asymmetrical cipher system, thereby the person having the initial data message and the signer's public key can accurately identify that such change is created by the secret key corresponding to the public key in the same pair of keys and the integrity of the contents of the data message after making such change. In the system, a digital signature shall be used to certify the name of the signer of an e-document and establish the legality of such e-document.

9. Key means a sequence of binary numerals used in a cipher system.

10. Secret key means a key in the pair of keys in an asymmetrical cipher system which is used to create a digital signature.

11. Public key means a key in the pair of keys in the asymmetrical cipher system which is used to check whether a digital signature is created by the corresponding secret key in the pair of keys.

12. Cancellation of a digital certificate means the permanent invalidation of such digital certificate from a certain point of lime.

13. Password of the secret key of a digital certificate means a password used together with such digital certificate to sign in the system.

14. Server means an electronic equipment installed onto the system for sending, receiving and storing e-documents and processing information.

15. Bid solicitor means an agency or organization that has been registered in the system and accepted as a bid solicitor under the bidding law to organize online bidding.

16. Contractor means an organization which has been registered in the system and accepted as a contractor in online bidding.

17. System user (below referred to as user) includes bid solicitor, contractor and the system operating agency.

18. Bid solicitor's agency code in the system means a code granted by the Ministry of Finance under the Finance Minister's Decision No. 90/ 2007/QD-BTC of October 26. 2007. When the bid solicitor has no code granted under this Decision, its agency code shall be automatically created by the system.

19. Use instructions for bid solicitors means documents including instructions for registration of users as bid solicitors and professional instructions for bid solicitors published in the use instructions section on the system's home page.

20. Use instructions for contractors means documents including instructions for registration of users as contractors and professional instructions for contractors published in the use instructions section on the system's home page.

Article 4. Validity of e-documents

1. E-documents exchanged via the system with digital signatures of lawful representatives are all legal and valid like documents in hard copy.

2. An e-document sent to the server may be regarded as being successfully sent only when the server has received it. After receiving an e-document, the server will give certification to the sender that it has successfully received such e-document.

3. The time of sending and receiving e-documents via the system shall be determined based on the time recorded in the server of the system.

Article 5. Credentials of bid solicitors and contractors

1. When organizing online bidding, bid solicitors shall register their participation in the system in order to be granted a digital certificate under Article 16 of this Circular.

2. When participating in online bidding, contractors shall register their participation in the system in order to be granted a digital certificate under Article 17 of this Circular.

Article 6. Bid security

When participating in bidding, contractors shall take bid security measures indicated in bidding dossiers.

When a bidding dossier stipulates that bid security must be paid by account transfer, the bid solicitor shall guide the contractor to transfer it into the account indicated in the notice of bid solicitation in the system.

When bid security is made by a bank's letter of guarantee, the contractor shall scan this letter and enclose it with a bid dossier upon submission.

Article 7. Change of bidding participation status

When participating in bidding or competitive offering, if wishing to change its name already registered upon receiving a bidding dossier or dossier of requirements, the contractor shall notify in writing the new name to the bid solicitor before the time of bid closing or before the expiration of the time limit for submission of dossiers of proposals.

When contractors wish to shift their status from independence to partnership, contractors to the partnership shall make an online partnership agreement according to use instructions for contractors in the use instructions section on the system's home page and send such agreement to the bid solicitor before the bid closing or before the expiration of the time limit for submission of dossiers of proposals.

Article 8. Format of attached files

To ensure convenience for recipients, when sending attached files on the system, bid solicitors and contractors shall use such common file formats as MS Word, pdf and jpg in Unicode letter font. If wishing to use other special-use file formats, they shall supply relevant software for easy opening and reading of such files.

Details of formatting attached files are provided in use instructions for bid solicitors and use instructions for contractors.

Article 9. Errors related to attached files

For e-documents submitted by the contractor in attached files which cannot be opened and read, the bid solicitor shall make and send a record thereof to the contractor and the system operating agency, then open the backup dossier of EOI. dossier of prequalification participation, bid dossier and dossier of proposals of the contractor (if any) for obtaining relevant CD files. If CD files cannot be read either, the bid solicitor shall:

1. In case the files have secret codes or the bid solicitor does not have appropriate font sizes or software for opening and reading them, notify such to the contractor, and request supply of secret codes or appropriate font sizes or software within 4 hours to enable the opening and reading of these files. Past this time limit, if the contractor fails to respond to such request, the bid solicitor shall make a record certifying errors of the contractor's e-documents. If erroneous files are integral parts of a dossier of EOI. dossier of prequalification participation, bid dossier or dossier of proposals, the contractor will be eliminated; otherwise, the bid solicitor shall request the contractor to add corresponding files which can be opened and read.

2. For files which cannot be opened and read for reasons other than those listed in Clause 1 of this Article and are also integral parts of a dossier of EOI. dossier of prequalification participation, bid dossier or dossier of proposals, the contractor will be eliminated: otherwise, the bid solicitor shall request the contractor to add corresponding files which can be opened and read.

Article 10. Maintenance of the system

If wishing to suspend providing services for maintenance, inspection, or replacement of equipment of the system, the system operating agency shall notify such suspension at least 15 days in advance via the system to concerned agencies and organizations. Then, the system will automatically extend the time of bid closing or opening under Article 11 of this Circular.

Article 11. Automatic extension of the time of bid closing or opening

When the system suspends providing services for maintenance purpose or experiences an error beyond control, it will automatically extend the time of bid closing or opening as follows:

1. The system suspension duration shall be counted from the lime the system, operating agency suspends providing services for maintenance purpose or the time the system experiences an error to the time this agency notifies that it has completed the maintenance or error correction. After completing the maintenance or error correction, the system operating agency shall notify such completion via the system and resume provision of services under regulations.

2. Eligible for extension are bidding packages with the time of bid closing or opening within the system suspension duration.

3. Extension duration:

a/ When the system is suspended at the time of bid closing or opening, the new time of bid closing or opening will recede 3 hours after the time of issuance of a notice on the system's resumption.

b/ If the new time of bid closing is beyond the working hours in a day. it will be automatically extended to 9:00 hours of the subsequent working day.

c/ If the time of bid closing is within 3 hours after the time of notification of the system's resumption, the new time of bid closing and opening will be extended for 3 hours.

d/ If the system suspension time is after the time of bid closing but before the time of bid opening, the time of bid opening will be extended for 3 hours from the time of notification of the system's resumption.

4. When bids cannot be opened within the time prescribed for automatic extension, the bid solicitor shall directly extend the time of bid opening based on use instructions for bid solicitors in the system and publish such extension in the system and concurrently email it to participating contractors.

5. When the system suspension duration exceeds 5 working days, the bid solicitor may. based on the actual situation of a bidding package, decide to allow the remaining steps of the bidding process to be performed offline but. after the system's resumption, input contractor selection results of such bidding package into the system.

6. When the system automatically extends the time of bid closing, contractors are not required to extend the validity durations of bid dossiers dossiers of proposals and bid security if these durations meet the requirements in the issued bidding dossier or dossier of requirements.

Article 12. Conditions on users" information technology infrastructure

To use the system, users' information technology infrastructure must meet the following essential requirements:

1. Internet transmission lines:

a/ Having Internet connection to the system:

b/ Opening the ports of 8070, 8080. 8081, 8082. 4502.4503 and 9000.

2. Computer configuration:

a/ Operating systems: Windows XP. Windows Vista and Windows 7;

b/ Internet Explorer: at least 6.0;

c/ Screen resolution: at least 1024 x 768.

Article 13. Information details to be published in the system

1. The following bidding information must be inputted and published in the system:

a/ Bidding plans:

b/ Notices of invitation for submission of dossiers of EOI. notices of invitation for prequalification. bid solicitation notices and notices of invitation for offers:

c/ Short lists;

d/ Dossiers of invitation for EOI. dossiers of invitation for prequalification, bidding dossiers and dossiers of requirements:

e/ Contractor selection results:

f/ Information on contractors violating the bidding law.

2. During the pilot period, information details published in the system are legally valid like those published in the Bidding Newspaper.

Article 14. Search for information in the system

1. Interested bid solicitors, contractors and entities may search for the following information in the system:

a/ Information on contractors in the contractor database (reserved for bid solicitors);

b/ Information details specified in Clause 1. Article 13 of this Circular.

2. The process of searching for information details specified in Clause 1 of this Article is provided in the use instructions section on the system's home page (search instructions).

Chapter II

REGISTRATION OF USERS

Article 15. Registration for participation in the system

1. If wishing to participate in online bidding, bid solicitors and contractors shall register for participation in the system under Articles 16 and 17 of this Circular. Registration steps are provided in "Use instructions for registration of users as bid solicitors" or "Use instructions for registration of users as contractors" published in the use instructions section on the system's home page.

2. In case of successful registration, users will be granted digital certificates to sign in the system and conduct online bidding operations in the system. Registration will be regarded as successful when a registering entity using the granted digital certificate successfully signs in the system.

Article 16. Process of registration of users as bid solicitors

1. Registration for participation in the system

The process of registration for participation in the system in the capacity as a bid solicitor involves the following steps:

a/ Declaring information in the system and sending the registration dossier directly or through the correspondence channel to the system operating agency.

b/ A registration dossier comprises:

-An application for a digital certificate, made according to a form created by the system in the process of information declaration:

- A certified copy of the organization's establishment decision or business registration certificate, in case of first-time application for a digital certificate:

- A certified copy of the notice of the agency code (if any) under the Finance Minister's Decision No. 90/2007/QD-BTC of June 20. 2007;

- A copy of the identity card of the applicant's representative at law.

2. Processing of registration dossiers

Within 3 working days after receiving a registration dossier, the system operating agency shall check the accuracy of the electronic registration form in the system against the registration dossier in hard copy submitted by the bid solicitor. If the dossier is valid, the system operating agency shall accept the bid solicitor's participation in the system and give certification in the system. If the dossier is inaccurate or incomplete, the system operating agency shall notify reasons in the system to the bid solicitor for modifying the registration dossier.

3. Inspection of processing results

The bid solicitor shall itself inspect processing results in the system. If accepted for participation in the system, the bid solicitor will receive a digital certificate approval code and a reference number for downloading a digital certificate from the system.

4. Registration of information on digital certificate users

The bid solicitor shall input a digital certificate approval code and a reference number into the system for downloading a digital certificate. Later, it shall register information on digital certificate users in the system.

5. Signing in the system

After obtaining a digital certificate, the bid solicitor may sign in the system and exercise the rights of a user as bid solicitor.

Article 17. Process of registration of users as contractors

1. Registration for participation in the system

The process of registration for participation in the system in the capacity as a contractor involves the following steps:

a/ Declaring information in the system and sending the registration dossier directly or through the correspondence channel to the system operating agency.

b/ A registration dossier comprises:

- An application for a digital certificate, made according to a form created by the system in the process of information declaration:

- A certified copy of the organization's establishment decision or business registration certificate, in case of first-time application for a digital certificate:

- A copy of the identity card of the applicant's representative at law.

2. Processing of registration dossiers

Within 3 working days after receiving a registration dossier, the system operating agency shall check the accuracy of the information declared in the system against the registration dossier. If the declared information is accurate. the system operating agency shall give certification in the system. If the declared information is inaccurate or incomplete, the system operating agency shall notify reasons to the contractor via the system for modifying the registration dossier.

3. Inspection of processing results

The contractor shall itself inspect processing results in the system. If accepted for participation in the system, the contractor will receive a digital certificate approval code and a reference number for downloading a digital certificate from the system.

4. Registration of information on digital certificate users

The contractor shall input a digital certificate approval code and a reference number in the system for downloading a digital certificate. Later it shall register information on digital certificate users in the system.

5. Signing in the system

After obtaining a digital certificate, the contractor shall sign in the system and exercise the rights of a user as contractor.

Chapter III

DIGITAL CERTIFICATES

Article 18. General provisions on digital certificates

1. A digital certificate used in online bidding contains the following:

a/ Name of the provider of digital signature certification services;

b/ Name of the digital certificate user;

c/ Serial number of the digital certificate:

d/ Validity duration of the digital certificate:

e/ Public key of the digital certificate user:

f/ Digital signature of the provider of digital signature certification services;

g/ Use purposes of the digital certificate:

h/ Other information for management, use, safety and confidentiality purposes as specified by the provider of digital signature certification services.

2. The validity duration of a digital certificate is one year from the date of its grant. Users may prolong the validity duration of a digital certificate by extending it or its keys under Article 20 or 21 of this Circular.

Article 19. Use of digital certificates in online bidding

1. A digital certificate granted by the provider of digital signature certification services for use in the system takes any of the following forms:

a/ Individual certificate granted to competent officers engaged in operating the system. The system operating agency shall manage individual digital certificates.

b/ Institutional certificate granted to organizations that are bid solicitors and contractors for participation in online bidding. This certificate shall be granted to bid solicitors and contractors when they register for participation in the system under Article 16 or 17 of this Circular.

c/ Digital certificate for each bidding package. When publishing notices of bid solicitation or notices of offer invitation, the bid solicitor will be automatically granted by the system a digital certificate and corresponding pair of keys for enciphering and deciphering bid dossiers and dossiers of proposals in the process of contractor selection.

2. Organizations and individuals that are granted digital certificates may use them only for the purposes specified at Point g. Clause 1, Article 18 of this Circular. During the pilot period, digital certificates granted by the Department of Public Procurement under the Ministry of Planning and Investment may be used only in the system.

Article 20. Extension of digital certificates

1. Users may prolong the use duration of a digital certificate not yet cancelled by extending it. Upon extension, the new use duration of a digital certificate is the extended period from the date of extension while the pair of keys of this digital certificate are kept unchanged.

2. During the pilot period, users may themselves extend their certificates once a year.

3. Extension shall be made 30 days before a digital certificate expires. Extension steps are provided in the use instructions section on the system's home page.

Article 21. Extension of keys of a digital certificate

1. Users may prolong the use duration of a digital certificate by extending its keys. Upon extension, the new use duration of a digital certificate is the extended period from the date of extension while the pair of keys of this digital certificate are changed.

2. During the pilot period, users may themselves extend keys of their digital certificates once a year.

3. Keys of a digital certificate shall be extended 30 days before the certificate expires. Extension steps are provided in the use instructions section on the system's home page.

Article 22. Cancellation of digital certificates

1. A digital certificate shall be cancelled in the following cases:

a/ Its secret keys are detected or suspected to be lost, broken, stolen or illegally copied;

b/ The person assigned by an organization to use this digital certificate for participating in the system no longer works at the organization or has shifted to another job;

c/ It is no longer needed.

2. During the pilot period, users may themselves cancel their digital certificates. Such cancellation will be effective right after the system automatically updates a list of cancelled digital certificates as of 11:00 hours and 23:00 hours every day.

3. A digital certificate may be cancelled only when it remains effective. Cancellation steps are provided in the use instructions section on the system’s home page.

Article 23. Replacement of digital certificate storage apparatuses

1. Users shall store digital certificates and their secret keys. The system operating agency is not answerable for the stealing, damage or copying of digital certificates at users’ fault.

2. Users may copy digital certificates and secret keys and store them in floppy disks. USB. smart cards or other storing media. Performance steps are provided in the use instructions section on the system's home page.

Article 24. Change of passwords of secret keys of digital certificates

When detecting or suspecting that the password of a secret key of a digital certificate has been revealed or when wishing to change such password, users may change it. Password changing steps are provided in the use instructions section on the system's home page.

Article 25. Additional registration of digital certificates

1. Based on use demands and organizational structures of their units, users may additionally register digital certificates for online bidding.

2. Upon additional registration of digital certificates, users shall sign in the system with digital certificates granted upon registration for joining the system. Steps of additional registration are provided in the use instructions section on the system's home page.

Chapter IV

PROCESS OF ONLINE SELECTION OF CONTRACTORS

Section I. ONLINE OPEN BIDDING AND RESTRICTED BIDDING

Article 26. Selection of short lists

1. Short lists for open bidding involving prequalification or invitation for EOI (below collectively referred to as prequalification) shall be selected under Article 27 of this Circular.

2. Short lists for restricted bidding shall be selected as follows:

a/ The bid solicitor shall select contractors based on the contractor database in the system and include them in the list of contractors to participate in restricted bidding. For contractors not named in such database, the bid solicitor shall request them to register themselves into the system under Article 17 of this Circular.

b/ Selection steps are provided in use instructions forbid solicitors published in the use instructions section on the system's home page.

Article 27. Prequalification

The process of online prequalification conducted in the system is as follows:

1. Publishing notices and dossiers of invitation for prequalification

a/ A notice of invitation for prequalification shall be filled in by the bid solicitor itself in the form provided in the system. A dossier of invitation for prequalification shall be enclosed and published together with a notice of invitation for prequalification.

b/ In case differences exist between the attached file of a dossier of invitation for prequalification and the filled-in notice of invitation for prequalification. such attached file will be legally valid.

c/ The time of preparing a dossier of prequalification participation is at least 10 days from the first day of issuing a dossier of invitation for prequalification. When necessary to modify a dossier of invitation for prequalification, the bid solicitor shall send a notice on such modification to all dossier-receiving contractors a certain number of days before the time of prequalification closing as stated in such dossier. Modifications to a dossier of invitation for prequalification shall be additionally published in a notice of prequalification invitation in the system. The contractor shall notify the bid solicitor upon receiving such modifications. The bid solicitor shall notify modifications to the dossier of invitation for prequalification while the contractor shall notify its receipt of such modifications by email, fax. directly or through the correspondence channel stipulated in this dossier.

2. Downloading dossiers of invitation for prequalification: The contractor shall search for and download a dossier of invitation for prequalification from the system. The list of downloading contractors will be displayed for the bid solicitor's monitoring and management.

3. Submitting dossiers of prequalification participation: The contractor shall send a dossier of prequalification participation to the bid solicitor via the system.

4. Opening dossiers of prequalification participation: Dossiers of prequalification participation submitted before the time of prequalification closing shall be opened by the bid solicitor in the system at the time of prequalification opening. Dossiers of prequalification participation submitted after the time of prequalification closing may not be accepted by the system and opened.

5. Evaluating dossiers of prequalification participation, submitting and approving prequalification results under the current bidding law.

6. Notifying prequalification results: The bid solicitor shall input prequalification results into the system after they are approved.

7. Filing and handling petitions about prequalification results:

The contractor may send petitions via the system to the bid solicitor. The bid solicitor shall input petition handling results into the system. Changes made as a result of petition handling results (if any) must be published in the system.

8. Prequalification steps are provided in the "Use instructions for bid solicitors" or "Use instructions for contractors" published in the use instructions section on the system's home page.

Article 28. Notices of bid solicitation and issue of bidding dossiers

1. Publishing notices of bid solicitation and bidding dossiers

a/ A notice of bid solicitation shall be filled in by the bid solicitor in the form provided in the system. For procurement bidding packages, the bid solicitor shall input into the system information on the list of to-be-procured goods, covering goods names, standards, quantities and units. If such information is available, the bid solicitor may input the dale of delivery into the system after signing a contract.

b/ A bidding dossier shall be enclosed and published together with a notice of bid solicitation. In case differences exist between the attached file of a bidding dossier and the filled-in notice of bid solicitation, the attached file will be legally valid.

c/ The time of preparing a bid dossier is at least 15 days (for small bidding packages), or 25 days (for other bidding packages), from the first day of issuing a bidding dossier. When necessary to modify a bidding dossier, the bid solicitor shall send a notice on such modification to all contractors buying bidding dossiers in a certain number of days before the time of bid closing as stated in the bidding dossier. Modifications to a bidding dossier shall be additionally published in the notice of bid solicitation in the system. When a bidding dossier is sold directly, the bid solicitor shall enclose modifications of the bidding dossier with a notice of such modifications. The bid solicitor shall notify modifications of a bidding dossier while the contractor shall notify its receipt of modifications by email, fax, directly or through the correspondence channel stipulated in the bidding dossier.

d/ During the pilot period, the bid solicitor is encouraged to issue bidding dossiers free in the system. In case of online sale of bidding dossiers, the bid solicitor shall input into the system information on the account for receiving money to purchase bidding dossiers from the contractor, including the account number and name of the bank at which this account is opened.

2. Modification of bidding dossiers

After issuing a bidding dossier which should be modified, the bid solicitor shall send electronic modifications to contractors that have received bidding dossiers to their email addresses supplied upon registration for participation in the system. In case of selling bidding dossiers, the bid solicitor may search for contractors that have bought bidding dossiers via the system.

3. Clarification of bidding dossiers

A contractor that wishes to have a bidding dossier clarified shall send an e-request to the bid solicitor for consideration and handling. The bid solicitor shall clarify a bidding dossier by sending an e-document or organize a pre-bidding conference to explain the contents of the bidding dossier which are unclear to contractors. The bid solicitor shall write the explanations in a record and send an e-document clarifying the bidding dossier to all contractors that have bought bidding dossiers or received biddings dossiers at email addresses provided by contractors when registering for participation in the system.

4. Input of a list of buyers of bidding dossiers

a/ When bidding dossiers are issued free, all contractors may download these dossiers from the system.

b/ When selling bidding dossiers, the bid solicitor shall input a list of contractors that have paid for bidding dossiers into its account. Only contractors named on this list may download bidding dossiers from the system.

Article 29. Submission of bid dossiers

1. After successfully submitting a bid dossier in the system, the contractor will receive a certification notice from the system. Contractors forming a partnership to participate in online bidding shall make a partnership agreement according to use instructions for contractors in the use instructions section on the system’s home page and send it to the contractor before the time of bid closing.

2. If unable to send the whole bid dossier via the system, the contractor may send part of this dossier via the system while printing out the remaining part and sending it through the correspondence channel or directly to the bid solicitor before the time of bid closing.

3. The contractor may send a backup bid dossier in a CD and (sealed) documents in hard copy through the correspondence channel or directly to the bid solicitor before the time of bid closing. Backup bid dossiers shall be used when the bid solicitor cannot open and read the file sent via the system by the contractor under Article 9 of this Circular.

Article 30. Withdrawal of bid dossiers

A contractor that wishes to withdraw a bid dossier shall send a written request to the bid solicitor before the time of bid closing by email. fax. directly or through the correspondence channel stipulated in the bidding dossier.

Article 31. Bid opening

1. The bid solicitor shall decode and open in the system at the time of bid opening bid dossiers submitted before the time of bid closing. Bid dossiers submitted after the time of bid closing may not be accepted by the system and decoded.

2. The bid solicitor shall decode bid dossiers submitted before the time of bid closing. After a bid dossier is decoded, its contents will be automatically written by the system in a record of bid opening, containing:

- Name of the contractor;

- Bid price;

- Bid security value (if any);

- Validity duration of bid security (if any);

- Validity duration of the dossier.

3. A record of bid opening shall be published in the system for all interested organizations and individuals to access and read.

Article 32. Evaluation of bid dossiers, appraisal, approval and notification of bidding results, negotiation, finalization and signing of contracts

1. The evaluation of bid dossiers and appraisal and approval of bidding results comply with the Bidding Law. Law No. 38/2009/QHI2 and Decree No. 85/2009/ND-CP.

2. The bid solicitor shall upload evaluation results of bid dossiers onto the system.

3. Bidding results shall be notified under Article41 of the Bidding Law. Clause 13, Article 2 of Law No. 38/2009/QH12. and Clause 3. Article 20. and Clause 1. Article 31 of Decree No. 85/2009/ND-CP Bidding results shall be published in the system and sent to bidding participating contractors in e-documents right after the issuance of an approval decision.

4. The negotiation, finalization and signing of contracts comply with the Bidding Law, Law No. 38/2009/QH12 and Decree No. 85/2009/ ND-CP.

Section 2. ONLINE COMPETITIVE OFFERING

Article 33. Notice of invitation for offers and issue of dossiers of requirements

1. A notice of invitation for offers shall be filled in by the bid solicitor itself in the form provided in the system. The bid solicitor shall input a list of to-be-procured goods, comprising such details as goods names, standards, quantities and units. When such details are available, the bid solicitor may input the date of delivery after signing a contract.

2. A dossier of requirements shall be enclosed and published together with a notice of invitation for offers. In case differences exist between the attached file of a dossier of requirements and the filled-in notice of offer invitation, the attached file will be legally valid.

3. Dossiers of requirements shall be issued free in the system for all contractors to download.

4. The time of preparing a dossier of proposals is at least 5 days from the first day of issuing a dossier of requirements.

Article 34. Submission of dossiers of proposals

1. After successfully submitting a dossier of proposals in the system, the contractor will receive a certification notice from the system. Contractors that form a partnership to participate in online competitive offering shall make a partnership agreement according to use instructions for contractors provided in the use instructions section on the system's home page and send it to the bid solicitor before the expiration of the lime limit for submission of dossiers of proposals.

2. If unable to send the whole dossier of proposals via the system, the contractor may send part of this dossier via the system while printing out the remaining part and send it through the correspondence channel or directly to the bid solicitor before the expiration of the time limit for dossier submission and Decree No. 85/2009/ND-CP.

3. The contractor may send a backup dossier of proposals in a CD and (sealed) documents in hard copy through the correspondence channel or directly to the bid solicitor before the expiration of the time limit for dossier submission. Backup dossiers of proposals shall be used when the bid solicitor cannot open and read the file sent by the contractor via the system under Article 9 of this Circular.

Article 35. Opening of dossiers of proposals

1. A dossier of proposals submitted before the expiration of the time limit for submission shall be decoded by the bid solicitor and opened in the system at the time of dossier opening. A dossier of proposals submitted after the expiration of the time limit for submission may not be accepted by the system and deciphered.

2. The bid solicitor shall decode dossiers of proposals submitted before the expiration of the time limit for submission. After a dossier of proposals is decoded, its contents shall be automatically written in a record of opening the dossier of proposals, containing:

- Name of the contractor:

- Offer price;

- Validity duration of the dossier.

3. A record of opening the dossier of proposals shall be published in the system for all interested organizations and individuals to access and read.

Article 36. Evaluation of dossiers of proposals, appraisal, approval and notification of offer results, negotiation, finalization and signing of contracts

1. The evaluation of dossiers of proposals and appraisal and approval of offer results comply with the Bidding Law. Law No. 38/2009/QH12

2. The bid solicitor shall input evaluation results of dossiers of proposals into the system.

3. Offer results shall be notified under Clause 4. Article 43 of Decree No. 85/2009/ND-CP Offer results shall be published in the system and sent to offering contractors in e-documents right after the issuance of an approval decision.

4. The negotiation, finalization and signing of contracts comply with the Bidding Law, Law No. 38/2009/QH12 and Decree No. 85/2009/ ND-CP.

Chapter V

RIGHTS AND OBLIGATIONS OF PARTIES IN ONLINE BIDDING

Article 37. Responsibilities of the Ministry of Planning and Investment

1. To establish and manage the system during the pilot period as a basis for forming a national bidding network under the Bidding Law.

2. To elaborate documents guiding pilot online bidding.

3. To train and retrain officers of bid solicitors and contractors participating in online bidding; to manage information on contractors violating the bidding law.

4. To summarize and report to the Prime Minister on results of pilot online bidding in 2011 before organizing online bidding nationwide.

Article 38. Responsibilities of the piloting agencies

The piloting agencies defined in Clause 1, Article 2 of this Circular, in coordination with the Ministry of Planning and Investment, shall:

1. Select at least 11 bidding packages under Clause 1. Article 2 of this Circular for pilot online bidding.

2. Provide information for pilot online bidding at the request of the Ministry of Planning and Investment.

3. Direct, guide and support their attached units to participate in pilot online bidding.

4. Handle problems arising during the pilot period.

Article 39. Rights and obligations of the system operating agency

The system operating agency defined in Clause 3. Article 3 of this Circular has the following rights and obligations:

1. To take responsibility for the designing, establishment and operation of the system.

2. To ensure information confidentiality under regulations in the process of online bidding.

3. To correct errors arising while operating the system.

4. To provide services guiding bid solicitors and contractors to register for and upload information on bidding in the system.

5. To train and support bid solicitors and contractors in conducting transactions in (he system.

6. To store information relating to the process of online bidding for search, examination, inspection and audit activities.

7. To summarize information necessary for the system operation. To ensure safety for the system's equipment and consider all necessary managerial measures to ensure its optimal operation.

Article 40. Rights and obligations of the provider of digital signature certification services

The provider of digital signature certification services defined in Clause 4, Article 3 of this Circular has the following rights and obligations:

1. To observe regulations on providers of digital signature certification services:

2. To use the system's reliable technical equipment, processes and resources for performing its jobs;

3. To ensure accuracy and integrity of fundamental contents of digital certificates it has granted:

4. To supply integrated facilities allowing bid solicitors and contractors that join the system to accept digital signatures and competent state management agencies to rely on digital certificates to accurately identify the origin of data messages and digital signatures:

5. To notify involved parties of incidents affecting the certification of digital signatures;

6. To store for at least 5 years information relating to digital certificates it has granted after they expire;

7. To manage and operate technical infrastructure of the digital signature certificate system, ensuring safe and continuous provision of digital signature certification services.

Article 41. Rights and obligations of bid solicitors participating in the system

1. To notify bidding plans, invitations for submission of EOI, invitations for prequalification. invitations for bids and invitations for offering; to issue dossiers of invitation for EOI. dossiers of invitation for prequalification. bidding dossiers and dossiers of requirements; to receive dossiers of EOI; dossiers of prequalification participation, bid dossiers and dossiers of proposals: to open bids and dossiers of proposals and publicize contractor selection results.

2. To search for contractor information in the contractor database in the system.

3. To build information technology infrastructure meeting online bidding requirements.

4. To manage and keep secret keys of granted digital certificates. The bid solicitor that loses its digital certificate or detects that it is illegally used shall immediately notify such to the provider of digital signature certification services for cancellation of the old digital certificate and grant of a new one. To extend the validity duration of a digital certificate 30 days before it expires, ensuring that the digital certificate remains effective throughout bidding process.

5. To take responsibility before law for the accuracy and truthfulness of information registered and uploaded onto the system when they sign in with their digital certificates.

6. To check and certify normal uploading of their information already inputted into the system.

7. To observe other regulations on online bidding and use instructions notified in the system.

Article 42. Rights and obligations of contractors joining the system

1. To search for notices of bidding plans, notices of invitation for submission of dossiers of EOI. notices of invitation for prequalification. notices of bid solicitation, notices of invitation for offers, records of bid opening, records of opening dossiers of proposals and contractor selection results in the .system; to download dossiers of invitation for EOI. dossiers of prequalification participation, bidding dossiers and dossiers of requirements from the system; to submit dossiers of EOI. dossiers of prequalification participation, bid dossiers and dossiers of proposals via the system; to send petitions via the system.

2. To establish information technology infrastructure upon participating in online bidding.

3. To manage and keep secret keys of digital certificates confidential. A user under a contractor that loses its digital certificate or detects a third party's use of information in its digital certificate shall make immediate modifications, such as changing secret keys or cancelling the digital certificate under the guidance of the provider of digital signature certification services. To extend the validity duration of a digital certificate 30 days before it expires, ensuring that the digital certificate remains effective throughout bidding process.

4. To take responsibility for the accuracy and truthfulness of information registered and uploaded onto the system when they sign in with their digital certificates.

5. In online bidding, to take responsibility for incidents arising in the contractor's network or viruses making files unable to be opened and read.

6. To observe other regulations on online bidding and use instructions notified in the system.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 43. Organization of implementation

1. Based on the practical situation, the director of the Department of Public Procurement shall decide on the roadmap for pilot online bidding.

2. The People's Committee of Hanoi, the Vietnam Post and Telecommunications Group, the Vietnam Electricity Group and concerned organizations and individuals shall implement this Circular.

3. The People's Committee of Hanoi, the Vietnam Post and Telecommunications Group, the Vietnam Electricity Group and concerned organizations and individuals should report any problems arising in the course of implementation to the Ministry of Planning and Investment for consideration and timely settlement.

Article 44. Effect

This Circular takes effect on September 15. 2010.