Thông tư liên tịch 07/2015/TTLT-BKHDT-BTC

JOINT CIRCULAR

PROVIDING SPECIFIC PROVISIONS ON ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND ONLINE CONTRACTOR SELECTION

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

Pursuant to the Law on Public Investment No. 49/2014/QH13 of the National Assembly dated June 18, 2014;

Pursuant to the Law on Electronic Transaction No. 51/2005/QH11 dated November 29, 2005;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on providing specific provisions on implementation of several articles of the Bidding Law on bidder selection process;

Pursuant to the Government's Decree No. 26/2007/ND-CP dated February 15, 2007 on providing specific provisions on implementation of the Law on Electronic Transaction in terms of digital signatures and the authentication of digital signatures;

Pursuant to the Government's Decree No. 170/2013/ND-CP dated November 13, 2013 on amending and supplementing several articles of the Government's Decree No. 26/2007/ND-CP dated February 15, 2007 on providing specific provisions on implementation of the Law on Electronic Transaction in terms of digital signatures and the authentication of digital signatures;

Pursuant to the Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 on providing specific provisions on implementation of several articles of the Bidding Law in terms of contractor selection process;

Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 on defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance,

The Minister of Planning and Investment and the Minister of Finance hereby issue the Joint Circular on providing specific provisions on online supply and posting of procurement information and online contractor selection.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular provides for online supply and posting of procurement information on the electronic Government procurement system and the Vietnam Public Procurement Review Journal, including bidding information stipulated in Clause 1 Article 8 enshrined in the Bidding Law, except for information about projects or bids listed as state secrets as stipulated in Clause 4 Article 7 enshrined in the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on providing specific provisions on implementation of several articles of the Bidding Law in terms of bidder selection process (hereinafter referred to as Decree No. 63/2014/ND-CP)

2. This Circular provides for the online selection of contractors for non-consultancy service, commodity and construction procurements under the single-stage one-envelope open competitive, restricted bidding and national shopping procedure in accordance with regulations laid down in Article 28 of the Bidding Law.

Article 2. Applicable entities

1. Organizations or individuals engaged in the online supply and posting of procurement information and online contractor selection that fall within the scope of application stipulated in Article 1 hereof.

2. Organizations or individuals engaged in procurements that fall outside of the scope of application stipulated in Article 1 hereof shall be chosen as those eligible for online supply and posting of procurement information on the electronic Government procurement system and the Vietnam Public Procurement Review Journal, or for online contractor selection.

Article 3. Interpretation of terms

In this Circular, terms used herein shall be construed as follows:

1. Electronic Government procurement system refers to the information technology system developed, administered and operated by the Procurement Management Bureau, the Ministry of Planning and Investment at the address http://muasamcong.mpi.gov.vn with the aim of consistently managing procurement information and performing bidding activities online in accordance with regulations laid down in Clause 26 Article 4 of the Bidding Law.

2. Organization operating the electronic Government procurement system as stipulated in Article 85 of the Bidding Law refers to the Procurement Management Bureau affiliated to the Ministry of Planning and Investment. If another subsidiary unit of the Procurement Management Bureau affiliated to the Ministry of Planning and Investment is founded to function as the one charged with managing and operating the electronic Government procurement system, this unit shall become the organization operating the electronic Government procurement system (hereinafter referred to as the operating unit).

3. Organization providing digital signature authentication service used in the electronic Government procurement system refers to the organization operating the electronic Government procurement system or the organization providing public digital signature authentication service compatible with the electronic Government procurement system.

4. Electronic document refers to documents composed, sent, received and stored in an electronic form on the electronic Government procurement system, including the plan for selection of contractors, the plan for selection of investors; PPP project information, list of land-using projects; notice of invitation to submit statement of interest, notice of invitation for prequalification, notice of invitation for bid, notice of invitation for offer; invitation for prequalification, invitation for bid, invitation to submit statement of interest, requested dossier, request for quotation; application for bidder prequalification, bid package, expression of interest, proposal and quotation; record of bid opening, record of proposal or quotation opening; report on evaluation of bid package, report on evaluation of proposal, report on evaluation of quotations, appraisal report (applicable to online selection of bidder); shortlist of bidders; result of contractor selection, result of investor selection and other electronic documents exchanged between bid solicitors and bidders during the process of online supply and posting of procurement and contractor selection information.

5. Digital certificate used in the electronic Government procurement system refers to digital certificates issued by the organization providing digital signature authentication service under the provisions of Clause 3 of this Article. Valid digital certificates are those which have not expired, or have not been suspended, cancelled or revoked.

6. History of users’ transactions on the electronic Government procurement system refers to the record of information about transactional data sent and received by users through the electronic Government procurement system.

7. User manual refers to electronic documents providing specific instructions after entering into the "User manual" on the home page in order for users to perform transactions through the electronic Government procurement system.

Article 4. Legitimacy of electronic documents communicated on the electronic Government procurement system

1. Electronic documents in accordance with Clause 4 Article 3 hereof which have been issued by project owners, bid solicitors, bidders and investors in an electronic forms shall be considered original documents with legal value used as the basis for checking, comparison and authentication to assist the evaluation, supervision, assessment, inspection, examination, auditing, settlement and disbursement process in conformity with requirements for consistent management of information about procurement as stipulated in Clause 26 Article 4 enshrined in the Law on Bidding.

2. Organizations or individuals, once carrying out evaluation, supervision, assessment, inspection, examination, auditing and settlement activities during the contractor selection process, shall not be allowed to request paper documents to be provided if they are able to have access to equivalent electronic documents on the electronic Government procurement system, except when they need the authentication or certification of original documents that project owners, bid solicitors, bidders and investors are not able to issue in an electronic form (including guarantee letters, similar-type contracts, audited financial statements or sales licenses).

3. Electronic documents sent to the electronic Government procurement system shall only be considered valid if they have been successfully sent to the electronic Government procurement system that immediately sends feedbacks to confirm its receipt. Electronic document sending and receiving time shall be determined according to the time recorded on the electronic Government procurement system and can not be adjusted by the organization operating the electronic Government procurement system or any organization or individual.

4. The electronic Government procurement system must send a written notification to senders of electronic documents of delivery status to confirm that delivery of documents to the electronic Government procurement system is successful or failed.

5. Bid solicitors, bidders, investors and organizations operating the electronic Government procurement system shall be entitled to access their transaction history on the electronic Government procurement system (inclusive of information about sending and receiving time, sender, receiver and document delivery status as well as other information). Information about the transaction history shall be used for resolving any dispute that may arise from delivery and receipt of electronic documents through the electronic Government procurement system.

Article 5. Information technology infrastructure requirements

In order to be eligible for participation in the electronic Government procurement system, bid solicitors, bidders and investors must meet information technology requirements as follows:

1. Internet transmission line:

a) Connect to the electronic Government procurement system;

b) Open ports, such as 8070, 8080, 8081, 8082, 4502, 4503, 9000.

2. System requirements:

a) Operating system: Windows;

b) Web browser: Internet Explorer.

Article 6. Registration for participation in the electronic Government procurement system

1. Bid solicitors

a) Registration procedure:

Bid solicitors shall apply for registration for participation in the electronic Government procurement system by taking the following steps:

- Step 1: Click on the "Signup" on the home page of the electronic Government procurement system for registration as the bid solicitor and send registration application dossiers in person or by post to the organization operating the electronic Government procurement system;

- Step 2: Check the registration approval status;

- Step 3: Receive the digital certificate;

- Step 4: Complete the registration of information about digital certificate users.

b) Registration application dossier shall be composed of the followings:

- Application form for bid solicitor registration (created by the electronic Government procurement system during the information signup process stated in the Step 1 Point a of this Clause);

- The copy of the establishment decision or business registration certificate or corporate registration certificate of the bid solicitor applying for registration;

- The copy of the ID card or passport of the legal representative of the bid solicitor applying for registration;

c) Processing of registration application dossier:

Within a permitted duration of 02 working days of receipt of registration application dossier, the organization operating the electronic Government procurement system shall check and verify whether electronic and paper registration application dossiers submitted by bid solicitors to the electronic Government procurement system are accurate. If submitted dossiers are legitimate, the bid solicitor shall be eligible for participation in the electronic Government procurement system. If submitted dossiers have been found invalid, the organization operating the electronic Government procurement system shall be responsible for notifying the bid solicitor of reasons for this on the electronic Government procurement system and instructing the bid solicitor to supplement or modify their dossiers or registration forms to make them become acceptable.

Specific steps in processing application dossiers shall be provided in the section "User manual" on the electronic Government procurement system and by the support division of the organization operating the electronic Government procurement system.

d) In order to modify and supplement the registration information already provided on the electronic Government procurement system, the following steps shall be taken:

- Step 1: Log in to the electronic Government procurement system;

- Step 2: Modify and supplement submitted registration information;

- Step 3: Send the written request for modification and supplementation of submitted information and other relevant documents regarding such modification or supplementation to the organization operating the electronic Government procurement system.

Within a permitted duration of 02 working days of receipt of such written request and other relevant documents, the organization operating the electronic Government procurement system shall check the accuracy of information that needs modifying and supplementing as requested by the bid solicitor and accept that request if information is found accurate. If any information requested to be modified or supplemented is not appropriate, the organization operating the electronic Government procurement system shall be responsible for informing bid solicitors on the electronic Government procurement system and instructing them to correct such information.

2. Bidders or investors

a) Registration procedure:

Bidders and investors shall carry out registration for participation in the electronic Government procurement system by taking the following steps:

- Step 1: Click on the "Signup" on the home page of the electronic Government procurement system for registration as bidders, and send registration application dossiers in person or by post to the organization operating the electronic Government procurement system;

- Step 2: Pay the fee for participation in the electronic Government procurement system in accordance with regulations laid down in Point a Clause 1 Article 31 hereof;

- Step 3: Check the registration approval status;

- Step 4: Receive the digital certificate;

- Step 5: Complete the registration of information about the user of digital certificate.

b) Registration application dossier shall be composed of the followings:

- Application form for bidder registration (created by the electronic Government procurement system during the information signup process stated in the Step 1 Point a of this Clause);

- The copy of the establishment decision or business registration certificate or corporate registration certificate of bidders or investors applying for registration;

- The copy of the ID card or passport of the legal representative of bidders or investors applying for registration.

c) Processing of registration application dossier:

Within a permitted duration of 02 working days of receipt of registration application dossiers, the organization operating the electronic Government procurement system shall check and verify whether electronic and paper registration application dossiers submitted by bidders or investors to the electronic Government procurement system are accurate. If submitted dossiers are legitimate, bidders or investors shall be eligible for participation in the electronic Government procurement system. If submitted dossiers have been found invalid, the organization operating the electronic Government procurement system shall be responsible for notifying the bid solicitor of reasons for this on the electronic Government procurement system and instructing bidders or investors to supplement or modify their dossiers or registration forms to make them become acceptable.

d) Modification and supplementation of registered information:

- Step 1: Log in to the electronic Government procurement system;

- Step 2: Modify and supplement submitted registration information;

- Step 3: Send the written request for modification and supplementation of submitted information and other relevant documents regarding such modification or supplementation to the organization operating the electronic Government procurement system.

Within a permitted duration of 02 working days of receipt of such written request and other relevant documents, the organization operating the electronic Government procurement system shall check the accuracy of information that needs modifying and supplementing as requested by bidders or investors, and accept that request if information is found accurate. If any electronic or paper information requested to be modified or supplemented is not appropriate, the organization operating the electronic Government procurement system shall be responsible for informing bidders or investors on the electronic Government procurement system and instructing them to correct such information.

Specific steps in this modification or supplementation shall be provided on the home page of the electronic Government procurement system and by the support division of the organization operating the electronic Government procurement system.

3. Printout of the confirmation of registration for participation in the electronic Government procurement system

Bid solicitors, bidders and investors, after completing their registration, can optionally print out the confirmation of registration for participation directly from the electronic Government procurement system.

Specific printing instructions shall be provided in the section User manual displayed on the home page of the electronic Government procurement system.

Article 7. Digital certificates for participation in the electronic Government procurement system

1. Each bid solicitor, bidder or investor shall be issued 01 digital certificate by the organization operating the electronic Government procurement system for each registration for participation in the electronic Government procurement system in accordance with regulations laid down in Article 6 hereof.

2. Based on practical conditions, the Ministry of Planning and Investment shall provide specific guidance on use of digital certificates issued by the organization providing public digital signature authentication service through the electronic Government procurement system.

Article 8. Management of digital certificates on the electronic Government procurement system

1. Contents of digital certificates shall include:

a) Name of the organization providing digital signature authentication service;

b) Name of the organization or individual using digital certificates;

c) Information about the validity period of a digital certificate;

d) Other information for the purpose of administration, use and information security and safety maintenance in accordance with regulations set out by the organization providing the digital signature authentication service.

2. The validity period of a digital certificate is 01 year from the date of grant of such digital certificate. Organizations or individuals using digital certificates shall automatically extend the validity period of digital certificates as prescribed in Clause 3 of this Article.

3. Extension of the validity period of digital certificates

a) Extension of the validity period shall only be applied to digital certificates which have not been annulled, or those which have not expired and those which were issued in accordance with Clause 1, Clause 2 Article 6 hereof;

b) Extension of the validity period of a digital signature shall only be carried out within 30 days prior to the expiry date of that digital certificate;

c) The validity period after each extension of a digital certificate is 01 year from the date of extension.

4. Cancellation of a digital certificate

a) Cancellation of a digital certificate shall occur under the following circumstances:

- It is discovered or suspected that digital certificates have been lost, damaged, stolen or illegally duplicated;

- Persons authorized to manage digital certificates to be admitted to the electronic Government procurement system are no longer working for organizations or individuals issued digital certificates or have been transferred to other job positions;

- Organizations or individuals have not used such digital certificates any more.

b) Digital certificates shall be cancelled only if they remain valid.

c) If organizations or individuals fall into circumstances stipulated in Point a of this Clause, they shall be allowed to make their own digital certificates annulled.

5. Change of digital certificate storage devices

a) Organizations or individuals shall be responsible for storing their own digital certificates. Any loss, damage or unauthorized duplication of digital certificates through these organizations or individuals' fault shall be outside of the scope of responsibility assumed by the organization operating the electronic Government procurement system;

b) Organizations or individuals can duplicate digital certificates and store them on hard disks, USBs, smart cards or other information-bearing objects.

6. Change of digital certificate passwords

Organizations or individuals shall change digital certificate passwords by taking steps specified in User manual posted on the home page of the electronic Government procurement system.

7. Registration of more digital certificates

a) After considering use demands, organizations or individuals shall be entitled to apply for additional digital certificates to be admitted to the electronic Government procurement system;

b) Only organizations or individuals that have been admitted to the electronic Government procurement system shall be entitled to register more digital certificates.

Specific steps in implementing Clause 3, 4, 5, 6, 7 of this Article shall be provided in the User manual on the electronic Government procurement system and by the support division of the electronic Government procurement system.

Chapter II

SUPPLY AND POSTING OF PROCUREMENT INFORMATION

Section 1. CONTENTS OF PROCUREMENT INFORMATION

Article 9. Types of information, allowed duration and responsibility for supply and posting of procurement information on the electronic Government procurement system, the Vietnam Public Procurement Review Journal

1. Types of information, allowed duration of supply and posting of procurement information, and organizations or individuals assuming responsibility for supply and posting of procurement information

2. As for international bidding for procurements or projects, notice of invitation to submit statement of interest, notice of invitation for prequalification, notice of invitation for bid, notice of invitation for offer, shortlist of bidders, result of contractor selection, investor selection, and notice of cancellation, extension, modification and rectification of posted information (if any), must be released on the electronic Government procurement system, and the Vietnam Public Procurement Review Journal, in both Vietnamese and English.

In addition to assuming responsibility for supplying information as stipulated in this Clause, bid solicitors also take on responsibility for posting notice of invitation for international prequalification (in case of investor selection) on English websites or newspapers nationwide published in Vietnam.

3. In case bid solicitors post on the electronic Government procurement system on their own, they shall not be required to provide information for the Vietnam Public Procurement Review Journal. In case bid solicitors have provided information for the Vietnam Public Procurement Review Journal, they shall not need to post on the electronic Government procurement system on their own.

4. Bid solicitors who have already signed up into the electronic Government procurement system shall be required to post their information on the electronic Government procurement system in accordance with regulations laid down in Clause 1 Article 11 hereof. The Vietnam Public Procurement Review Journal shall not be responsible for posting information provided in a paper form by bid solicitors already registered for participation in the electronic Government procurement system.

Article 10. Invalid information

1. Invalid information supplied or posted on the electronic Government procurement system is the information posted by bid solicitors on their own on the electronic Government procurement system without compliance with legal regulations on bidding.

2. Information supplied or posted on the Vietnam Public Procurement Review Journal shall be considered invalid when one or several requirement(s) has/have been met:

a) Information registration form is not conforming to information registration templates stipulated in Appendix II enclosed herein.

b) Contents provided in information registration forms fail to meet legal regulations on bidding.

c) Information provided by organizations or individuals who do not have authority to provide bidding information in accordance with regulations laid down in Clause 1 Article 7 of the Decree No. 63/2014/ND-CP and in Clause 1 Article 4 of the Decree No. 30/2015/ND-CP on providing specific provisions on implementation of several articles of the Law on Bidding in terms of the contractor selection.

Section 2. PROCESS FOR SUPPLY AND POSTING OF PROCUREMENT INFORMATION

Article 11. Process for users' posting their own information on the electronic Government procurement system

1. Information about the plan for contractor selection, or the plan for investor selection:

a) Step 1: Bid solicitors click on “Login” button displayed on the homepage and enter their digital certificate password to log into the electronic Government procurement system;

b) Step 2: Select “Plan for contractor selection” or “Plan for investor selection” in “Investor selection” to enter and save project and bid information;

c) Step 3: Post the plan for contractor selection, the plan for investor selection.

2. Information about notice of invitation to submit statement of interest, notice of invitation for prequalification:

a) Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

b) Step 2: Select “Consultancy” to enter and save information about notice of invitation to submit statement of interest, then “Commodity”, “Construction works”, “Non-consultancy” or “Combined type” equivalent to the bidding sector, or “Select investors” to enter and save information about notice of invitation for prequalification;

c) Step 3: Post notice of invitation to submit statement of interest, notice of invitation for prequalification.

In order to increase the competitiveness of a bid, bid solicitors can upload attached file of invitation to submit statement of interest, invitation for prequalification in addition to notice of invitation to submit statement of interest, notice of invitation for prequalification so that, after 03 working days from the date on which bid solicitors successfully post legitimate notice of invitation to submit statement of interest, legitimate notice of invitation for prequalification on the electronic Government procurement system, bidders will be able to download such attached files from the system.

3. Information about notice of invitation for offer, notice of invitation for bid:

a) Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

b) Step 2: Select “Commodity” or “Construction works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to the bidding sector, or “Select investors” to enter and save information about notice of invitation for offer, notice of invitation for bid;

c) Step 3: Post notice of invitation for offer, notice of invitation for bid.

With regard to the bids to which the online contractor selection is applied, bid solicitors must upload attached file of requested dossier, request for quotation, invitation for bid together with notice of invitation for offer, notice of invitation for bid in order for bidders to download such files for free from the electronic Government procurement system as from the date on which bid solicitors successfully posted legitimate notice of invitation for offer, legitimate notice of invitation for bid on the system.

With regard to the bids to which the online contractor selection is not applied, in order to increase the competitiveness for the bids, bid solicitors can upload attached file of requested dossier, request for quotation, invitation for bid together with notice of invitation for offer, notice of invitation for bid so that, after 03 working days from the date on which bid solicitors successfully posted legitimate notice of invitation for offer, legitimate notice of invitation for bid on the electronic Government procurement system, bidders will be able to download these attached files for free from the system. In this situation, contractors agreeing to participate in bids shall pay bid solicitors a sum equal to the selling price of requested dossier, invitation for bid before the bid package is accepted.

4. Information about notification of cancellation, extension, modification and rectification of posted information

a) Notification of cancellation:

- Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

- Step 2: Select the bid to be cancelled, and adjust the notification status to "cancelled” and save information;

- Step 3: Post notification of cancellation.

b) Notification of information change:

- Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

- Step 2: Select the bid that needs to be changed to enter changes and save information;

- Step 3: Post notification of change.

c) Notification of extension, notification of information rectification:

- Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

- Step 2: Select the bid that needs extension or information rectification to enter extension/ rectification, and save information;

- Step 3: Post notification of extension, notification of information rectification.

5. Information about the shortlist:

a) Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

b) Step 2: Select “Commodity” or “Construction works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to the bidding sector, or “Select investors” to enter name of short listed bidders or investors;

c) Step 3: Post the shortlist.

6. Information about result of contractor selection, investor selection:

a) Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

b) Step 2: Select “Commodity” or “Construction works” or “Consultancy” or “Non-consultancy” or “Combined type” equivalent to the bidding sector, or “Select investors” to enter result of contractor selection, investor selection;

c) Step 3: Post the result of contractor selection, the result of investor selection.

7. Information about result of bid opening in case of online contractor selection.

Online bid opening is carried out in compliance with regulations laid down in Article 21 and Article 27 hereof.

8. As for information about handling of violations against bidding laws, legislative documents on bidding, information about foreign contractors, investors awarded contracts in Vietnam, the Ministry of Planning and Investment shall be responsible for posting information provided by responsible organizations or individuals on the electronic Government procurement system according to information registration forms given in Appendix I enclosed herein.

9. As for information about individuals issued practicing certificates in bidding, lecturers in procurement, procurement training centers, the Ministry of Planning and Investment shall be responsible for posting abovementioned information in accordance with regulations laid down in Point 14, 15 and 16 Clause 1 Article 9 hereof.

10. Information about the bids that belong to list of projects financed by ODA funds:

a) Step 1: Repeat instructions given in Step 1 Clause 1 of this Article;

b) Step 2: Select “Notification of finance” to enter information that need to be posted;

c) Step 3: Post information that have just entered.

Specific steps in implementing Clause 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall be provided in the “User manual” on the electronic Government procurement system and by the support division of the electronic Government procurement system.

Article 12. Process for supplying and posting procurement information on the Vietnam Public Procurement Review Journal

If the bid solicitor is not eligible for posting bidding information on their own on the electronic Government procurement system as prescribed in Article 11 hereof, or the electronic Government procurement system temporarily stops providing its service, the process for supplying and posting procurement information on the Vietnam Public Procurement Review Journal shall include the following steps:

- Step 1: The bid solicitor enters all required information in equivalent information registration forms given in Appendix II enclosed herein. With regard to the bids that belong to the list of projects financed by ODA funds, they can use information registration forms by adopting templates stipulated by donors; if donors do not set out any regulations, the bid solicitor will use information registration forms given in Appendix II enclosed herein.

- Step 2: The bid solicitor send legitimate information registration form to the Vietnam Public Procurement Review Journal in one of the following ways: submit the form to the Vietnam Public Procurement Review Journal in person; send the form by post or via Internet.

- Step 3: The bid solicitor pay the fee for bid information posting under the provisions of Article 30 and Article 32 hereof.

Chapter III

ONLINE CONTRACTOR SELECTION

Section 1. GENERAL PROVISIONS

Article 13. Bid bond during the online contractor selection process

1. Online bidders must implement measures to guarantee their participation in bids as stipulated in Article 11 of the Law on Bidding, Article 88 of the Decree No. 63/2014/ND-CP and in conformity with approved contents of invitation for bid, requested dossier, including the following forms: cheque deposit (in case of deposit), letter of guarantee issued by credit institutions or foreign bank branches established under Vietnamese laws, or online bid bonds offered by banks which have Internet connection to the electronic Government procurement system. The value of a bid bond must range from 1% to 1.5% of the bid price.

2. As for a bid bond established in the form of a letter of guarantee issued by a bank which has already had Internet connection to the electronic Government procurement system, the bidder shall offer online bid bonds. If a bid bond established in the form of a letter of guarantee is issued by a bank which has yet to connect to the electronic Government procurement system, the bidders shall scan the letter of bank guarantee and attach the scanned file when submitting their bid package online.

3. After considering practical conditions, the organization operating the electronic Government procurement system shall release the list of banks having Internet connection to the electronic Government procurement system.

Article 14. Regulations on format and size of attached files on the electronic Government procurement system

1. Attached files on the electronic Government procurement system shall be considered legitimate if they meet the following requirements:

a) Format of attached files: MS Word, MS Excel, PDF, CAD, image file formats, compressed files; using Unicode fonts. If it is necessary for using other specialized file formats, senders shall be responsible for providing assistance for receivers to open and read such files;

b) Format and size of attached files uploaded on the electronic Government procurement system by bid solicitors and bidders must conform to regulations laid down by the organization operating the electronic Government procurement system in Clause 2 of this Article.

2. The organization operating the electronic Government procurement system shall disseminate regulations on format and size of attached files on the electronic Government procurement system based on actual technical conditions of the electronic Government procurement system.

3. Upon attaching files to upload on the electronic Government procurement system, bid solicitors, bidders and investors must ensure that these files are not infected with viruses, not damaged and not protected by encrypted passwords.

Article 15. Errors in attached files uploaded on the electronic Government procurement system

If bidders’ attached files enclosed in the bid package, proposal and quotation is impossible to be opened or read, the bid solicitor must inform bidders and the organization operating the electronic Government procurement system and take the following measures to deal with such errors:

1. If attached files are not possible to be opened or read by lack of proper fonts or software, the bid solicitor must notify bidders by telephone, facsimile, electronic mails or paper documents, and request bidders to provide proper fonts or software to open and read these files within a maximum duration of 01 working days from the date of bidders' receipt of that notification. By the abovementioned deadline, if bidders fail to do so, the bid solicitor shall make a record on confirmation of these file errors. In this situation, if erroneous files constitute fundamental components of the bid package, proposal and quotation, bidders shall be disqualified; if erroneous files are not fundamental constituents of the bid package, proposal and quotation, the bid solicitor can request bidders to additionally provide equivalent files to open and read sent files within 01 working day from the date on which bidders received such request.

2. If bidders have already sent proper fonts or software to open and read files but the bid solicitor is still unable to open and read these files, the organization operating the electronic Government procurement system shall be responsible for checking the system and notifying related parties within 03 working days of receipt of that notification from bidders.

3. If attached files are not possible to be opened or read without reasons stated in Clause 1 or 2 of this Article, but they are fundamental constituents of the bid package, proposal or quotation, bidders shall be disqualified; if attached files are not fundamental constituents of the bid package, proposal and quotation, the bid solicitor can request bidders to additionally provide equivalent files to open and read attached files within 01 working day from the date on which bidders received such request.

Article 16. Technical solutions to the out-of-control failure of the electronic Government procurement system

If the electronic Government procurement system is faced with out-of-control failure or problems which may lead to temporary suspension of service, the organization operating the electronic Government procurement system shall extend the bid closing and opening deadline as follows:

1. Bids of which the opening and closing deadline is extended are those awarded by employing the online bidding procedure and having the bid closing and opening time that falls within the duration when the electronic Government procurement system was faced with out-of-control failure or problems.

2. Extension of the bid closing or opening deadline:

a) If the electronic Government procurement system is temporarily out of service at the bid closing or opening time, the bid closing or opening deadline shall be extended to later than 03 hours from the time at which the electronic Government procurement system resumes its service according to the notification of the organization operating the electronic Government procurement system.

b) If the bid closing or opening time which is newly set exceeds working hours, the bid closing or opening deadline shall be extended to 09:00 am on the next working day.

b) If the bid is closed or opened at the time of less than 03 hours after the time at which the electronic Government procurement system resumes its service, the bid closing or opening deadline shall be extended to another 03-hour duration.

3. a) If the bid closing deadline needs to be extended on the grounds that the electronic Government procurement system is temporarily out of service, bidders will not be required to extend the validity period of their bid package, proposal, quotation and bid bond in the event that such validity period has conformed to requirements set out in the bid package, requested dossier and quotation sheet which have been already issued.

Section 2. ONLINE SINGLE-STAGE ONE-ENVELOPE OPEN COMPETIVE, RESTRICTED BIDDING PROCEDURE

Article 17. ONLINE CONTRACTOR PRESELECTION

This shall conform to Article 12, Article 13 of the Decree No. 63/2014/ND-CP

Article 18. Notice of invitation for bid and release of invitation for bid

1. The bid solicitor shall comply with regulations laid down in Clause 3 Article 11 hereof.

a) As for commodity procurements, the bid solicitor should input the list of commodities that need to be shopped;

b) The minimum duration of preparation of the bid package is 10 days from the first day of release of invitation for bid on the electronic Government procurement system.

2. An invitation for bid contains attached files sent along with notice of invitation for bid. If there is any discrepancy between contents of attached files and those of invitation for bid, the first shall prevail.

As for the restricted bidding, the bid solicitor shall carry out the bidder shortlisting in accordance with regulations laid down in Clause 3 of this Article.

3. Input of the shortlist for the restricted bidding:

a) Based on the approved short list, the bid solicitor shall look up name of bidders in the database of bidders stored on the electronic Government procurement system in order to enter the list of bidders participating in the restricted bidding process. If bidders have yet to be present in the database, the bid solicitor must request bidders to sign up for participation into the electronic Government procurement system in accordance with regulations laid down in Article 6 hereof;

b) After entering and saving all names of bidders in the short list, the bid solicitor shall post that short list on the electronic Government procurement system.

4. Invitation for bid shall be released for free on the electronic Government procurement system from the time at which the bid solicitor has completed their posting of the notice of invitation for bid on the electronic Government procurement system.

a) As for the open bidding, any individual or organization expressing their interest can download the invitation for bid from the electronic Government procurement system;

b) As for the restricted bidding, only bidders that belong to the short list can download the invitation for bid from the electronic Government procurement system.

5. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 19. Modification and clarification of the invitation for bid

1. If it is necessary to modify the invitation for bid, the bid solicitor shall comply with regulations laid down in Point b Clause 4 Article 11 hereof in order to make change to the notice of invitation for bid. Files of new invitation for bid must be attached to modified notice of invitation for bid. In this situation, bidders who submitted the bid package according to the old notice of invitation for bid shall be required to resubmit their bid package according to the new notice of invitation for bid in compliance with regulations laid down in Clause 3 Article 20 hereof.

2. Clarification of invitation for bid shall conform to regulations laid down in Point c Clause 2 Article 14 enshrined in the Decree No. 63/2014/ND-CP The document on clarification of invitation for bid is the attached file sent along with the notice of invitation for bid previously posted on the electronic Government procurement system.

3. Bidders who intend to participate in procurements should regularly update information about modification and clarification of invitation for bid in order to ensure that their bid package meets requirements set out in the invitation for bid.

4. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 20. Submission of bid package

1. Bidders shall only be allowed to submit one bid package in response to one notice of invitation for bid during their participation in online bidding process. In case of submission of bid package in the form of a partnership, the party acting as the head of such partnership (or representative of the partnership) shall be entitled to submit the bid package. As for the restricted bidding, only bidders that belong to the short list shall be allowed to submit their bid package.

2. Process for submitting bid package

a) Bidders select the notice of invitation for the bid that they wish to participate in and enter their digital certificate password to log into the electronic Government procurement system;

b) Bidders enter their information and attach files of bid package on the electronic Government procurement system, including:

- The bid form by using the form posted on the electronic Government procurement system;

- Partnership agreement (sent in the form of an attached file (if any));

- Bid bond in conformity with Article 13 hereof;

- Other bid package files.

The letter of discount shall not be applied to the online contractor selection. Attached files must conform to regulations laid down in Article 14 hereof.

c) With respect to contents relating to the eligibility, competence and past performance of bidders, commodity or service advertising catalogues, bidders shall provide these contents by using equivalent forms stipulated in Circulars of the Ministry of Planning and Investment on providing specific provisions on creation of the invitation for bid for construction and commodity procurement and online bidding process without having to attach relevant scanned documents or materials;

d) The electronic Government procurement system must respond to bidders that their submission is successful or failed, and concurrently record the following information about bidders’ submission of bid package, such as information about the sender, receiver, sending time, sending status, the number of attached files uploaded on the electronic Government procurement, as the basis for resolving any dispute.

3. Resubmission of bid package

If bidders have already submitted their bid package before the bid solicitor’s making changes to such bid package as prescribed in Clause 1 Article 19 hereof, these bidders must resubmit their bid package according to the process stated in Clause 2 of this Article.

4. Withdrawal of bid package

In order to withdraw the bid package, bidders shall notify the bid solicitor by emails, facsimile, direct documents or by post before the bid closing deadline in accordance with regulations laid down in the invitation for bid.

5. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 21. Bid opening

1. The bid package submitted by the bid closing deadline shall be eligible for the bid opening carried out by the bid solicitor and shall be disseminated on the electronic Government procurement system, specifically as follows:

a) The bid solicitor logs in to the electronic Government procurement system;

b) The bid solicitor selects the bid envelope that need opening according to the numerical code of the notice of invitation for bid;

c) The bid solicitor uses the bid secret key to decode the bid form and attached files contained in the bid package, except for files contained in the bid package of bidders who send the written request to the bid solicitor for withdrawal of their bid package prior to the bid closing time.

2. Record of bid opening

Upon completion of the bid opening, the electronic Government procurement system shall release the record of bid opening, including the following main contents:

a) Bid information:

- Numerical code of the notice of invitation for bid;

- Bid name;

- Name of the bid solicitor;

- Contractor selection form;

- Contract type;

- Time of completion of bid opening;

- Total number of bidders.

b) Bidder information:

- Enterprise code or business registration code of bidders;

- Bidder’s name;

- Bid price;

- Expiry date of the bid package;

- Bid bond value;

- Expiry date of the bid bond;

- Time of contract execution.

3. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 22. Evaluation of bid package, negotiation, appraisal, approval of contractor selection result, contract perfection and conclusion

1. Notice of invitation for bid; bid package, enclosing documents on modification and clarification of bid package; short list (in case of the restricted bidding); bid package, enclosing the bid form, record of bid opening in the electronic form, shall serve as the legal basis for evaluation of bid package.

a) If there is any discrepancy between information contained in the record of bid opening and information contained in files attached to the bid package, the first shall prevail, except for the circumstance stipulated in Point b of this Clause;

b) If there is any discrepancy between information about the bid bond contained in the record of bid opening and information contained in attached files which are scanned files of the letter of guarantee, the latter shall prevail.

2. Evaluation of the bid package, contract negotiation, appraisal and approval of contractor selection result shall conform to regulations laid down in the Bidding Law and the Decree No. 63/2014/ND-CP When necessary, the bid solicitor can request bidders to clarify and provide additional materials in order to verify the eligibility, competence and past performance of bidders.

3. After the contractor selection result is approved according to Clause 6 Article 20 of the Decree No. 63/2014/ND-CP the bid solicitor must release information about such contractor selection result on the electronic Government procurement system, including the following main contents:

a) Bid information:

- Numerical code of the notice of invitation for bid;

- Bid name;

- Name of the bid solicitor;

- Contractor selection form;

- Time of completion of release of contractor selection result;

b) Winning contractor's information:

- Enterprise code or business registration code of bidders;

- Bidder’s name;

- Bid price;

- Technical score (if any);

- Evaluated bid price (if any);

- Bid awarding price;

- Reasons for selection of the contractor;

c) As for each type of commodity, equipment in the commodity procurement, the bid solicitor must disseminate the followings:

- Name of the commodity;

- Capacity;

- Technical functions, parameters;

- Origin;

- Price (or bid-winning unit price);

4. Contract perfection and conclusion shall be carried out on the basis of compliance with regulations enshrined in the Bidding Law and the Decree No. 63/2014/ND-CP

5. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Section 3. ONLINE SHOPPING PROCEDURE

Article 23. Contractor pre-selection

This shall conform to Clause 1 Article 58, Point a Clause 1 Article 59 of the Decree No. 63/2014/ND-CP

Article 24. Notice of invitation for offer and release of requested dossier, request for quotation

1. Bid solicitors shall comply with regulations laid down in Clause 3 Article 11 hereof.

a) As for commodity procurements, bid solicitors should input the list of commodities that need to be shopped;

b) The minimum duration of preparation of the proposal is 05 days from the first day of release of requested dossier on the electronic Government procurement system. The minimum duration of preparation of the quotation is 03 days from the first day of release of notice of invitation for offer on the electronic Government procurement system.

2. Requested dossier and request for quotation contains attached files sent along with notice of invitation for offer. In case there is any discrepancy between contents contained in attached files and those contained in the notice of invitation for offer, the first shall prevail.

3. Requested dossier and request for quotation shall be released for free on the electronic Government procurement system. Any interested organization or individual can download them from the electronic Government procurement system immediately after bid solicitors completed release of the notice of invitation for offer.

4. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 25. Modification and clarification of requested dossier

Modification and clarification of requested dossier shall conform to Article 19 hereof.

Article 26. Submission of proposals and quotations

1. Bidders shall only be allowed to submit one proposal, quotation in response to one notice of invitation for offer during their participation in online contractor selection. In case of submission of these documents in the form of a partnership, the party acting as the head of such partnership (or representative of the partnership) shall be entitled to submit the proposal, quotation.

2. Procedure for submission of proposals and quotations

a) Bidders select the notice of invitation for offer of procurements that they wish to participate in and enter their digital certificate password to log into the electronic Government procurement system;

b) Bidders enter their information and attach proposal or quotation files on the electronic Government procurement system, including:

- The bid form by using the form posted on the electronic Government procurement system;

- Partnership agreement (sent in the form of an attached file (if any));

- Bid bonds (in case of the ordinary shopping) shall conform to Article 13 hereof;

- Other files included in proposals and quotations.

The letter of discount shall not be applied in the online contractor selection procedure. Attached files must conform to regulations laid down in Article 14 hereof.

c) With respect to contents relating to the eligibility, competence and past performance of bidders, commodity or service advertising catalogues, bidders shall provide these contents by using equivalent forms stipulated in Circulars of the Ministry of Planning and Investment on providing specific provisions on creation of the invitation for construction and commodity procurements and online bidding process without having to attach relevant scanned documents or materials;

d) The electronic Government procurement system must respond to bidders that their submission of proposals or quotations is successful or failed, and concurrently record the following information about bidders’ submission of their proposals or quotations, such as information about the sender, receiver, sending time, sending status, the number of attached files uploaded on the electronic Government procurement, as the basis for resolving any dispute.

3. Resubmission of proposals and quotations

If bidders have already submitted their proposals or quotations before bid solicitors’ making changes to requested dossier, request for quotation as prescribed in Clause 1 Article 33 hereof, these bidders must resubmit their proposals or quotations according to the process stated in Clause 2 of this Article.

4. Withdrawal of proposals and quotations

In order to withdraw proposals or quotations, bidders shall notify bid solicitors by emails, facsimile, direct documents or by post before the bid closing deadline in accordance with regulations laid down in requested dossier and request for quotation.

5. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 27. Opening of proposals and quotations

1. The proposal or quotation submitted by the bid closing deadline shall be eligible for the bid opening carried out by bid solicitors and shall be disseminated on the electronic Government procurement system, specifically as follows:

a) The bid solicitor logs in to the electronic Government procurement system;

b) The bid solicitor selects the bid envelope that need opening according to the numerical code of the notice of invitation for offer;

c) The bid solicitor uses the bid secret key to decode the bid form and proposal, quotation files, except for those of bidders who send the written request to bid solicitors for withdrawal of their proposals or quotations prior to the bid closing time.

2. Record of proposal and quotation opening

After completion of proposal or quotation opening, the electronic Government procurement system shall release the record of proposal or quotation opening, including the following main contents:

a) Bid information:

- Numerical code of the notice of invitation for offer;

- Bid name;

- Name of the bid solicitor;

- Contractor selection form (ordinary or shortened shopping);

- Contract type;

- Time of completion of proposal or quotation opening;

- Total number of bidders.

b) Bidder information:

- Enterprise code or business registration code of bidders;

- Bidder’s name;

- Quoted price;

- Expiry date of proposals and quotations;

- Value of the bid bond (in case of the ordinary shopping);

- Expiry date of the bid bond (in case of the ordinary shopping);

- Time of contract execution.

3. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Article 28. Evaluation of proposals, quotations, negotiation, appraisal, approval of contractor selection result, contract perfection and conclusion

1. Notice of invitation for offer; requested dossier, enclosing documents on modification and clarification of requested dossier and request for quotation; proposal or quotation, enclosing the bid form, record of proposal, quotation opening in the electronic form, shall serve as the legal basis for evaluation of proposals or quotations.

a) If there is any discrepancy between information contained in the record of proposal, quotation opening and information contained in files attached to proposals or quotations, the first shall prevail, except for the circumstance stipulated in Point b of this Clause;

b) If there is any discrepancy between information about the bid bond contained in the record of proposal opening and information contained in attached files which are scanned files of the letter of guarantee, the latter shall prevail.

2. Evaluation of the proposal, quotation, contract negotiation, appraisal and approval of bidding result shall conform to regulations laid down in Article 58 and Article 59 enshrined in the Decree No. 63/2014/ND-CP When necessary, the bid solicitor can request bidders to clarify and provide additional materials in order to verify the eligibility, competence and past performance of bidders.

3. After the contractor selection result is approved, the bid solicitor must release information about such contractor selection result on the electronic Government procurement system, including the following main contents:

a) Bid information:

- Numerical code of the notice of invitation for offer;

- Bid name;

- Name of the bid solicitor;

- Contractor selection form (ordinary or shortened shopping);

- Time of completion of release of contractor selection result.

b) Winning contractor's information:

- Enterprise code or business registration code of bidders;

- Bidder’s name;

- Quoted price;

- Bid awarding price;

- Technical score (if any);

- Evaluated bid price (if any);

- Reasons for selection of the contractor (selected contractor and list of failed bidders);

c) As for each type of commodity, equipment in the commodity procurement, the bid solicitor must disseminate the followings:

- Name of the commodity;

- Capacity;

- Technical functions, parameters;

- Origin;

- Price (or bid-winning unit price).

4. Contract perfection and conclusion shall conform to Clause 5 Article 58 enshrined in the Decree No. 63/2014/ND-CP

5. Electronic shopping time shall conform to regulations laid down in Clause 6 Article 58, and Clause 6 Article 59 enshrined in the Decree No. 63/ND-CP

6. Specific procedural steps to be taken shall be provided in the section “User manual” on the home page of the electronic Government procurement system.

Chapter IV

COLLECTION, MANAGEMENT AND USE OF THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT AND CONTRACTOR SELECTION INFORMATION

Section 1. PRINCIPLES OF COLLECTION, MANAGEMENT AND USE OF THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT AND CONTRACTOR SELECTION INFORMATION

Article 29. Collecting and spending principles

1. The organization operating the electronic Government procurement system and the Vietnam Public Procurement Review Journal shall assume responsibility for collecting, managing and using the fee for online posting of procurement and contractor selection information in accordance with regulations laid down in this Circular in order to ensure that operation of the electronic Government procurement system and the Vietnam Public Procurement Review Journal complies with applicable laws.

2. The fee for online supply and posting of procurement information, and online contractor selection stipulated in Section 2 Chapter IV hereof must be adequate to pay for expenses incurred by performing such tasks as (i) supply, posting of procurement information on the electronic Government procurement system, the Vietnam Public Procurement Review Journal and (ii) online contractor selection.

3. Financing derived from the state budget shall not be used for performing the tasks stipulated in Clause 2 of this Article.

Section 2. SOURCE OF REVENUE

Article 30. Fee for posting of procurement information

1. Fee for posting of procurement information on the Vietnam Public Procurement Review Journal and the electronic Government procurement system shall include the followings:

a) Notice of invitation to submit statement of interest, notice of invitation for prequalification;

b) Notice of invitation for offer, notice of invitation for bid;

c) Short list.

2. The fee for posting of the following information on the electronic Government procurement system, the Vietnam Public Procurement Review Journal shall be exempted:

a) Information about plan for contractor selection, or plan for investor selection;

b) Information about result of contractor selection, investor selection;

c) Information about result of bid opening under the online bidding procedure;

d) Information about handling of violations against bidding laws;

dd) Legislative bidding documents;

e) Information about investment projects in the PPP form, list of land-using projects;

g) Information about bidders, foreign investors awarded contracts in Vietnam;

h) Information about individuals issued practicing certificates in bidding;

i) Information about lecturers in procurement;

k) Information about procurement training centers;

l) Notification of cancellation, extension, modification and rectification of posted information stipulated in Point a, b and c Clause 1 of this Article.

3. The specific amount of the fee for posting of procurement information on the electronic Government procurement system, the Vietnam Public Procurement Review Journal shall conform to regulations laid down in Clause 1 Appendix III enclosed herein.

4. Fee-paying entities

Bid solicitors shall be liable for the fee for posting of procurement information on the electronic Government procurement system and the Vietnam Public Procurement Review Journal.

Article 31. Fee for the online contractor selection

1. Fee for the online contractor selection shall be composed of the followings:

a) Fee for registration for participation in the electronic Government procurement system

- Fee for signing up for the electronic Government procurement system shall comprise the fee for registration for participation in the electronic Government procurement system (making a one-time payment for registration), and fee for maintenance of name and data of bidders, investors on the electronic Government procurement system (making annual payments in the first quarter, except for the starting year of registration);

- If bidders or investors have already completed the registration for participation in the electronic Government procurement system prior to this Circular's entry into force, payments for the fee for maintenance of bidder's name and data on the electronic Government procurement system shall start from 2016.

- If bidders, investors keep defaulting on on-time payment for the fee for maintenance of their name and data on the electronic Government procurement system by the stated time after obtaining the reminder notice, their registration for participation in the electronic Government procurement system shall be cancelled, and then they shall not print out the confirmation of their registration for participation in the electronic Government procurement system as stipulated in Clause 3 Article 6 hereof.

b) Fee for submitting bid package and proposal

Bidders who submit bid package, proposal for the contract under the online contractor selection procedure must pay the fee for submission of bid package and proposal to the organization operating the electronic Government procurement system.

2. Specific fee for participation in the electronic Government procurement system, the fee for submission of bid package and proposal shall conform to regulations laid down in Clause 2 Appendix III enclosed herein.

3. Fee-paying entities

Bidders and investors shall be held liable for the fee for participation in the electronic Government procurement system and the fee for submission of bid package and proposal as prescribed in Clause 1 of this Article.

Article 32. Fee collection and payment

1. The account of the organization operating the electronic Government procurement system as prescribed in this Circular is the deposit account opened by the Procurement Management Bureau, the Ministry of Planning and Investment at the State Treasury, or the account opened by units directly managed by the Procurement Management Bureau, the Ministry of Planning and Investment competent to manage, operate the electronic Government procurement system at commercial banks.

2. As for the fee for posting of procurement information

a) The Procurement Management Bureau affiliated to the Ministry of Planning and Investment shall assign the Vietnam Public Procurement Review Journal to perform the task of collecting such fee. All of collected fee shall be deposited in the account opened by the Procurement Management Bureau, the Ministry of Planning and Investment at the State Treasury.

b) Bid solicitors shall make payment for the fee for posting of procurement information when sending information supply forms to the Vietnam Public Procurement Review Journal or within 02 working days from the date on which they posted information on the electronic Government procurement system on their own.

c) The fee for posting of procurement information shall be paid in Vietnamese dong, or paid in cash at the Vietnam Public Procurement Review Journal or paid online or paid by sending money to the account opened by the Procurement Management Bureau affiliated to the Ministry of Planning and Investment at the State Treasury.

d) When necessary, the Vietnam Public Procurement Review Journal shall apply the form of collection without awaiting approval to collect the fee for posting of procurement information.

3. As for the fee for the online contractor selection

a) Bidders and investors shall be held liable for the fee for participation in the electronic Government procurement system and the fee for submission of bid package and proposal as prescribed in Point a and b Clause 1 Article 31 hereof.

b) The fee for the online contractor selection shall be paid in Vietnamese dong or paid in cash or paid online or paid by sending money to the account held by the organization operating the electronic Government procurement system.

4. In the course of implementation, if there is any difficulty or change to the structure of fee collection and payment, the Procurement Management Bureau affiliated to the Ministry of Planning and Investment must report to the Ministry of Planning and Investment and the Ministry of Finance to find proper solutions.

Section 3. MANAGEMENT AND USE OF THE FEE FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND ONLINE CONTRACTOR SELECTION

Article 33. Spending accounts

1. Spending on fulfillment of obligations to the State Budget.

2. Spending on operation of the Vietnam Public Procurement Review Journal which equals 100% of total collected fee for posting of procurement information.

3. Spending on operation of the electronic Government procurement system, including leased transmission line and electricity; purchase of components, spare parts or upgradation of equipment, software copyright; upgradation and improvement of application software; supplementary spending on professional practices and office supplies.

4. Spending on storage, management of databases on the electronic Government procurement system.

5. Spending on the work of providing replies and support for users of the electronic Government procurement system; holding of training courses for the purpose of improving professional skills of individuals directly related to the work of providing support for users and operators of the electronic Government procurement system.

6. Other spending directly relating to the work of receiving, processing applications for registration for participation in the electronic Government procurement system, selecting contractor online, applying online payment methods and enhancing the compatibility with other information technology systems.

7. Spending on repair and maintenance carried out on a periodic basis, or upon the technical or professional request of the electronic Government procurement system.

8. Spending on leased standby system for the purpose of ensuring the unceasing operation of the electronic Government procurement system.

9. Other spending used directly for online procurement information posting and contractor selection.

10. Provision

The amount set aside for the provision shall be equal to 5% of total planned spending stated in Clause 1 to Clause 9 of this Article. Such provision shall be used only if spending accounts fail to meet spending requirements though being adjusted. It shall not be used for making an adjustment to increase other spending.

Article 34. Formulation and approval of the plan to collect and spend fee

1. Formulation and approval of this plan

Based on the plan to post procurement information on the electronic Government procurement system, the Vietnam Public Procurement Review Journal and the plan to organize online contractor selection activities, the organization operating the electronic Government procurement system and the Vietnam Public Procurement Review Journal shall make the annual plan to collect and spend the fee for online contractor selection and online posting of procurement information; the annual plan for spending relating to the work of posting procurement information and organizing contractor selection activities in the electronic form according to contents specified in the Appendix IV enclosed herein, and then integrate these plan into the budget estimate of the Procurement Management Bureau for submission to the Ministry of Planning and Investment for approval.

Making the plan for spending relating to the work of posting procurement information and organizing the contractor selection in the online form must comply with applicable financial standards, norms and policies.

2. Plan adjustment

In the course of implementation, if there is any task that may arise, the Procurement Management Bureau shall act on its own initiative in adjusting spending accounts stated in Section 1 through Section 7 Part B Appendix IV enclosed herein and bear its responsibility for making adjustment to approved spending accounts as stated in the annual plan. Making adjustment shall only be carried out within the fourth quarter of the planning year.

3. Final accounts of receipts and expenditures

The organization operating the electronic Government procurement system and the Vietnam Public Procurement Review Journal shall be responsible for preparing annual final accounts of receipts and expenditures according to the contents specified in the Appendix V enclosed herein and integrating such accounts into the final financial report of operating expenses incurred within the year prepared by the Procurement Management Bureau for submission to the Ministry of Planning and Investment for approval.

If receipts are greater than expenditures, or planned expenditure amounts have not been used up, the surplus receipts or the remaining amount of expenditure shall be carried forward for the next year’s spending in accordance with applicable regulations.

Chapter V

RESPONSIBILITY OF INTERESTED PARTIES FOR ONLINE SUPPLY AND POSTING OF PROCUREMENT INFORMATION AND ONLINE CONTRACTOR SELECTION

Article 35. Responsibility of organizations or individuals for online supply and posting of procurement information

1. Organizations or individuals carrying out posting and supply of procurement information on the electronic Government procurement system shall be responsible for giving required explanations or complying with regulations laid down in Point i Clause 2 Article 75, 79 and 80 of the Bidding Law, Article 7 of the Decree No. 63/2014/ND-CP Article 4 of the Decree No. 30/2015/ND-CP Clause 1 Article 2 hereof, and paying the fee for posting of procurement information under the provisions of Article 30 and Article 32 hereof.

2. Organizations or individuals, while carrying out posting and supply of procurement information on the Vietnam Public Procurement Review Journal, shall be responsible for complying with regulations laid down in Article 7 of the Decree No. 63/2014/ND-CP Article 4 of the Decree No. 30/2015/ND-CP Clause 1 Article 2 hereof, and paying the fee for posting of procurement information under the provisions of Article 30 and Article 32 hereof.

3. If invitations for bid or requested dossiers are issued 28 days after the date on which notice of invitation for bid and notice of invitation for offer are posted on the electronic Government procurement system, or the Vietnam Public Procurement Review Journal, bid solicitors shall be responsible for re-posting the previous notice of invitation for bid, notice of invitation for offer.

Article 36. Responsibility of the organization operating the electronic Government procurement system, the Vietnam Public Procurement Review Journal for posting procurement information

1. In addition to responsibilities stipulated in Article 85 of the Bidding Law, the organization operating the electronic Government procurement system shall also assume the following responsibilities:

a) Design, set up and upgrade the electronic Government procurement system;

b) Troubleshoot errors in order to ensure that the electronic Government procurement system will be operated in a continuous, stable and safe and secure manner and meet users’ demands;

c) Create instruction manuals and documents to provide assistance for bid solicitors, bidders and investors who have already registered their accounts, and grant digital certificates for participation in the electronic Government procurement system and online contractor selection. Provide communication, training and guidance for bid solicitors, bidders and investors to facilitate their supply and posting of procurement information on the electronic Government procurement system, and render services relating to online procurement information and contractor selection;

d) Aggregate information necessary for operation of the electronic Government procurement system. Guarantee the safety for equipment used in the system;

dd) Release the list of banks having connection to the electronic Government procurement system in order to issue bid bonds in the online form, the list of organizations providing public digital signature authentication service in compatibility with the electronic Government procurement system;

e) Store information posted on the electronic Government procurement system.

2. The Vietnam Public Procurement Review Journal shall assume the following responsibilities:

a) Receive and post procurement information on the Vietnam Public Procurement Review Journal and the electronic Government procurement system under the provisions of Clause 2, 3 and 4 Article 8 of the Decree No. 63/2014/ND-CP and Clause 2, 3 and 4 Article 5 of the Decree No. 30/2015/ND-CP Whenever discovering any illegitimate information, within a maximum period of 02 working days from the date on which bid solicitors posted information on their own on the electronic Government procurement system or from the date of receipt of information registration form, the Vietnam Public Procurement Review Journal shall be responsible for notifying bid solicitors by email, telephone of these information in order for them to adjust, perfect and post such information on the electronic Government procurement system on their own, or resubmit such information to the Vietnam Public Procurement Review Journal to carry out posting in accordance with applicable regulations.

b) Publicly release information registration forms written in English applicable to the bids under the international bidding procedure, or projects under the international prequalification procedure, on the Vietnam Public Procurement Review Journal and the electronic Government procurement system.

3. If the organization operating the electronic Government procurement system, or the Vietnam Public Procurement Review Journal, makes several mistakes in posting of procurement information such as late posting, wrong contents or intentional failure to post information which may cause any loss for bid solicitors, bidders and investors, they shall be obliged to carry out rectification and make public announcement about this on the electronic Government procurement system and the Vietnam Public Procurement Review Journal. In addition, depending on the mistake severity, related persons of the organization operating the electronic Government procurement system and the Vietnam Public Procurement Review Journal shall be subjected to penalties for their default on delegated responsibility under the provisions of the Labor Code, the Law on Officials and Public Employees, the Law on Public Staff and other relevant legal regulations.

Chapter VI

IMPLEMENTATION

Article 37. Implementary guidance

1. Roadmap for registration of procurement information on the electronic Government procurement system

As from July 1, 2016 and within 02 working days prior to the bid closing deadline, if bidders and investors have yet to obtain the confirmation of information registration on the electronic Government procurement system, they shall not be allowed to participate in bidding for the bids or projects under the contractor selection procedure as prescribed in Article 20, 21, 22, 23, 24, 25 and 26 of the Bidding Law.

2. Roadmap for application of the online contractor selection method

a) Ministries, Ministry-level agencies, Government bodies, People's Committees of centrally-affiliated cities and provinces, economic corporations, state-owned incorporations, socio-political organizations, except for agencies stipulated in Point b of this Clause, shall direct investors and affiliated bid solicitors to carry out online contractor selection according to the following roadmap:

- By 2016, a minimum percentage of 20% of bids under the shopping procedure, 10% of small-scale bids under the open or restricted bidding procedure but at least 01 bid under the shopping procedure or the open or restricted bidding procedure shall be subject to the online contractor selection;

- By 2017, a minimum percentage of 30% of bids under the shopping procedure, 15% of small-scale bids under the open or restricted bidding procedure shall be subject to the online contractor selection;

- By 2018 onwards, a minimum percentage of 40% of bids under the shopping procedure, 30% of small-scale bids under the open or restricted bidding procedure shall be subject to the online contractor selection;

b) The People’s Committee of Hanoi capital, Vietnam Electricity and Vietnam Posts and Telecommunications Group (those who have already piloted the online bidding procedure before July 1, 2014) shall direct investors and affiliated bid solicitors to implement the online bidding procedure according to the following roadmap:

- By 2016, a minimum percentage of 30% of bids under the shopping procedure, 20% of small-scale bids under the open or restricted bidding procedure but at least 02 bids under the shopping procedure or the open or restricted bidding procedure shall be subject to the online bidding procedure;

- By 2017, a minimum percentage of 50% of bids under the shopping procedure, 20% of small-scale bids under the open or restricted bidding procedure shall be subject to the online bidding procedure;

- From 2018 onwards, a minimum percentage of 50% of bids under the shopping procedure, 40% of small-scale bids under the open or restricted bidding procedure shall be subject to the online bidding procedure;

c) After considering the practical situation in the period 2016 - 2018, the Ministry of Planning and Investment shall assess the efficiency in implementation of the online bidding procedure to make adjustment to stated percentages in the next stage.

3. On Tet or public holidays, the Ministry of Planning and Investment shall provide guidance on supply and posting of procurement information on the electronic Government procurement system and the Vietnam Public Procurement Review Journal so that this will be relevant to the schedule of days-off during these holidays under the Government’s decisions.

Article 38. Effect

1. This Circular shall enter into force from November 1, 2015.

2. As from the date of this Circular’s entry into force, the Joint Circular No. 20/2010/TTLT-BKH-BTC of the Ministry of Planning and Investment and the Ministry of Finance dated September 21, 2010 on providing specific provisions on supply of procurement information for the purpose of posting on the Vietnam Public Procurement Review Journal, and the Circular No. 17/2010/TT-BKH of the Ministry of Planning and Investment dated July 22, 2010 on providing specific provisions on piloting the online bidding procedure, shall be abolished.

3. In the course of implementation, if there is any difficulty that may arise, Ministries, Ministry-level agencies, Government bodies, other central agencies, People’s Committees at all levels, state-owned economic corporations, state-owned incorporations, and organizations or individuals concerned, must send their feedbacks to the Ministry of Planning and Investment and the Ministry of Finance for timely consideration and improvement./.