Circular 06/2024/TT-BKHDT on guidelines for provision and publishing of information on selection of contractors and forms of bidding documents in Vietnam
The Minister of Planning and Investment promulgates Circular 06/2024/TT-BKHDT on guidelines for provision and publishing of information on selection of contractors and forms of bidding documents on Vietnam National E-Procurement System effective from April 26, 2024.
Circular 06/2024/TT-BKHDT: What are guidelines for provision and publishing of information on contractor selection and forms of bidding documents in Vietnam?
Based on Article 1, 2 of Circular 06/2024/TT-BKHDT, it clearly states the scope of regulation and subjects of application of Circular 06/2024/TT-BKHDT as follows:
Scope of regulation
- Circular 06 guides the provision and publishing of information on contractor selection and bid document templates, including:
- Templates for formulating, appraising, and approving the overall plan for contractor selection, contractor selection plans for projects, and procurement budgets as per the regulations in Article 1 and Article 2 of the Bidding Law 2023.
- Bid document templates on the Vietnam National E-Procurement System for packages providing consulting services, non-consulting services, goods (excluding drugs), and construction within the scope of the Bidding Law, to be conducted via open bidding, restricted bidding, and competitive offer under the methods of one-stage one dossier or one-stage two dossiers.
Subjects of application
- Organizations and individuals related to contractor selection within the scope of regulation as stated in Article 1 of Circular 06/2024/TT-BKHDT.
- Organizations and individuals involved in contractor selection outside the scope of regulation as stated in Article 1 of Circular 06/2024/TT-BKHDT but opt to apply the provisions of Circular 06/2024/TT-BKHDT. In such cases, the procedure follows the User Guide on the Vietnam National E-Procurement System.
Circular 06/2024/TT-BKHDT: What are guidelines for provision and publishing of information on contractor selection and forms of bidding documents in Vietnam? (Image from the Internet)
Vietnam: When does Circular 06/2024/TT-BKHDT take effect?
Based on the provisions in clause 1 Article 31 of Circular 06/2024/TT-BKHDT as follows:
Effectiveness
1. This Circular takes effect from April 26, 2024.
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Circular 06/2024/TT-BKHDT takes effect from April 26, 2024.
However, Form 7A and Form 7B issued together with Circular 01/2024/TT-BKHDT remain effective until the Circular guiding the bidding for drugs at public health facilities issued by the Ministry of Health becomes effective.
What information is provided regarding the capacity and experience of contractors to build the national database about bidders in Vietnam?
According to the provisions of Circular 06/2024/TT-BKHDT, the information on the capacity and experience of contractors to build the national database about bidders includes:
- Information on the capacity and experience of bidders following the provisions at point c clause 1 Article 17 of Decree 24/2024/ND-CP.
In cases where the contractor has certificates as prescribed by law, declare them on the System.
- bidders proactively update their capacity and experience information according to regulations on the System and are responsible before the law for the accuracy of the declared information on the System.
If the contractor makes any amendments on the System, the System will retain all information before and after the amendments made by the contractor.
Information on the capacity and experience of bidders is authenticated by the digital signature of the contractor.
- bidders must attach documents to prove the authenticity of their capacity and experience. The attached documents are stored and managed on the System.
- If a contractor falsely declares information to gain financial or other benefits or to evade any obligation, it is considered fraud under clause 4 Article 16 of the Bidding Law 2023.
- For financial report data, if the financial report data on the System has been updated from the electronic tax system and the National Business Registration System, the contractor is not required to declare the financial report data.
For financial report data from 2021 onwards, if the contractor finds that the System has not updated the data compared to the electronic tax system, the contractor should amend it to match the data reported to the tax authorities. The System will retain the contractor's amended data versions.
What abbreviations in Circular 06/2024/TT-BKHDT and the Vietnam National E-Procurement System should be known?
The abbreviations in Circular 06/2024/TT-BKHDT and the Vietnam National E-Procurement System are as follows:
- E-TBMST is the online pre-qualification invitation notice;
- E-TBMQT is the online expression of interest invitation notice;
- E-TBMT is the online bid invitation notice;
- E-HSMQT is the online expression of interest documents;
- E-HSQT is the online expression of interest;
- E-HSMST is the online pre-qualification documents;
- E-HSDST is the online pre-qualification application documents;
- E-HSMT is the online bid invitation documents for open bidding, restricted bidding, and competitive offer;
- E-HSDT is the online bid application documents for open bidding, restricted bidding, and competitive offer;
- E-HSDXKT is the online technical proposal documents;
- E-HSDXTC is the online financial proposal documents.
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