Thông tư liên tịch 20/2010/TTLT-BKH-BTC

JOINT CIRCULAR

ON THE PROVISION OF INFORMATION ABOUT BIDDING ON THE VIETNAM PUBLIC PROCUREMENT REVIEW JOURNAL

Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to the Law on amending and supplementing a number of articles of the laws related to investment in fundamental construction No. 38/2009/QH12 dated June 19, 2009 of the National Assembly;

Pursuant to the Law on Investment No. 59/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to the Government's Decree No. 85/2009/NĐ-CP dated October 15, 2009, guiding the implementation of the Law on Bidding and the selection of building contractors in accordance with the Law on Construction;

Pursuant to the Government's Decree No. 108/2009/NĐ-CP dated November 27, 2011 on investment in forms of Build-Operate-Transfer, Build-Transfer-Operate, and Build-Transfer contracts;

Pursuant to the Government's Decree No. 116/2008/NĐ-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. 118/2008/NĐ-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance, the Ministry of Planning and Investment and the Ministry of Finance prescribes the provision of information about bidding on the Vietnam Public Procurement Review Journal as follows:

Article 1. Scope of regulation and subjects of application

1. The Ministries, ministerial-level agencies, Governmental agencies, other Central agencies, People’s Committees at all levels, State-owned economic corporations, State-owned general companies, relevant organizations and individuals, that have projects regulated by the Law on Investment, that provide information and direct the investors, the procuring party, and relevant units under their management to provide information about bidding for the Vietnam Public Procurement Review Journal for publication as prescribed.

2. The organizations and individuals that have projects not being regulated by the Law on Investment are recommended to provided information for the Vietnam Public Procurement Review Journal for publication in order to standardize and unify the information, and enhance the openness of bidding.

Article 2. Providing information for the Vietnam Public Procurement Review Journal

1. The range and content of information being posted on the Vietnam Public Procurement Review Journal:

The bidding packages exempted from posting on the Vietnam Public Procurement Review Journal must be posted on a newspaper which is widely publish in a sector, a province, or nationwide, and comply with the number of issues stated above.

2. Procedures for providing information for posting on the Vietnam Public Procurement Review Journal:

When providing information for the Vietnam Public Procurement Review Journal, the investor and the procuring party must identify the kind of information to be posted and use the corresponding form in Annex 2 promulgated together with this Circular. The information posted in English must use the corresponding English form. The investors and procuring party may download the English forms from the website http://www.thongtindauthau.com.vn.

For bidding packages belonging to projects funded by ODA, the information provision must be made using the form provided by the sponsors.

The written information must be clearly typed, signed, and stamped. The information must sent to the Vietnam Public Procurement Review Journal as follows:

a) Sending directly or by post:

The envelop must be organized as follows:

b) by fax:

The information is sent to the Vietnam Public Procurement Review Journal using the fax number of the Vietnam Public Procurement Review Journal.

For information about the bidding plan, the information provider must send an email attached with a file titled “Bidding plan” to the email [email protected]

When sending information by fax, the original must still be sent to the Vietnam Public Procurement Review Journal as guided in Point a this Clause.

After sending information to the Vietnam Public Procurement Review Journal, the investors and procuring parties may access their information status on the website www.thongtindauthau.com.vn, or call 1900571270 for having the enquiries about posting bidding information answered.

Article 3. Responsibilities of information providers

1. The organizations and individuals that provide information for posting on the Vietnam Public Procurement Review Journal must comply with this Circular and relevant law provisions on investment and bidding.

2. If an information provider fails to comply with such provisions, or when the Vietnam Public Procurement Review Journal requests the adjustment of information, that without it, the information shall not be posted, such provider shall be liable to the disciplinary actions prescribed in Clause 2 Article 6 of this Circular and other relevant law provisions.

Article 4. Responsibilities of the Vietnam Public Procurement Review Journal

1. The Vietnam Public Procurement Review Journal post the received information as prescribed. The Vietnam Public Procurement Review Journal must post information within 3 working days after receiving the following information:

a) Prequalification invitation for bidding packages of goods procurement, installation, and EPC;

b) Invitation to submit expression of interest for bidding package of advisory services;

c) Invitation to bid;

d) Invitation to make competitive offers, for bidding packages of goods procurement;

dd) Invitation to bid for the selection of investors in projects using land;

e) Prequalification invitation for the selection of investors in BOT, BTO, and BT projects;

g) Invitation to bid for the selection of investors in BOT, BTO, and BT projects.

For other information, the Vietnam Public Procurement Review Journal must post them within 10 working days after the reception.

2. If the Vietnam Public Procurement Review Journal fails to post the information within the time limit prescribed in Clause 1 above, the Vietnam Public Procurement Review Journal must notify the information providers.

3. The Vietnam Public Procurement Review Journal is not responsible for the delay, missing, or other reasons during the information transmission.  The Vietnam Public Procurement Review Journal post the complete and appropriate information as prescribed in this Circular.

Article 5. The regime for collecting, managing, and using fees for posting information on the Vietnam Public Procurement Review Journal

1. Subjects of and fees for posting information on the Vietnam Public Procurement Review Journal

a) The charged subjects are organizations that provide information about bidding and relevant information on the Vietnam Public Procurement Review Journal as prescribed in Clause 1 Article 2 of this Circular.

b) The rates of fees for posting information on the Vietnam Public Procurement Review Journal must comply with Annex 1 promulgated together with this Circular.

2. Collecting, managing, and using fees

a) The fees for posting information on the Vietnam Public Procurement Review Journal must be collected in VND. The fees must be paid in accordance with Annex 1 promulgated together with this Circular. The fees for posting information may be paid directly at the editorial office or transferred to the account of the Vietnam Public Procurement Review Journal.

b) The agencies that collect the fees for posting information about bidding may use such receipts for the following tasks:

- Spending on printing journals posting information about bidding which are distributed nationwide;

- Paying individuals that directly enter and check the information about bidding for posting on the Journal, including: salaries, remunerations, benefits, overtime bonus; the contributions according to salaries under the current regimes; allowances for business trips;

- Spending on the publication, such as: building rent, stationery, supplies, communications, electricity, water supply, and other expenses according to the current norms and standards;

- Spending on purchasing materials and other expenses on the publication of the bidding information, the regular maintenance, and the major repairs of the assets of the Journal, the warranty, upgrade of machinery and equipment serving the activities of the Journal;

- Spending on periodic inspection and audit;

- Other expenses directly related to the publication of bidding information.

Annually, after paying the expenses, tax and other payables as prescribed, the positive difference (if any) may be use for establishing funds (the amount and use of funds must comply with current provisions).

All the money collected from the fees for posing bidding information must be properly used, with sufficient invoices as prescribed by technical the Law on Accounting; the unused amount must be transferred to the succeeding year for spending as prescribed.

Article 6. Implementation organization

1. This Circular takes effect after 45 days as from the date of its signing, and supersedes the Documents No. 4073/BKH-QLĐT dated June 5, 2008 of the Ministry of Planning and Investment on the provision of information for the Vietnam Public Procurement Review Journal.

2. The investors and procuring parties that fail to provide the information obligated to by posted on the Vietnam Public Procurement Review Journal shall be warned as prescribed in Article 75 of the Law on Investment. They shall be banned from bidding for 6 months when committing 3 or more warned violations, as prescribed in Clause 4 Article 65 of the Decree No. 85/2009/NĐ-CP.

3. The Ministries, ministerial-level agencies, Governmental agencies, other Central agencies, People’s Committees at all levels, State-owned economic corporations, State-owned general companies, relevant organizations and individuals are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Planning and Investment and the Ministry of Finance for consideration and amendment./.

ANNEX 1

(promulgated together with the Circular No. 20/2010/TTLT-BKH-BTC dated September 21, 2010 of the Ministry of Planning and Investment – the Ministry of Finance)

FEES FOR POSTING INFORMATION ON THE VIETNAM PUBLIC PROCUREMENT REVIEW JOURNAL