Is there a Circular 10/2022/TT-BKHDT on providing, posting information and selecting investor on the National Procurement Network in Vietnam?
- What information will be provided, posted, exploited data about PPP and investor selection on the National Procurement Network in Vietnam?
- Who will be provided, posted, exploited the PPP database and selected investors on the National Procurement Network in Vietnam?
- The bid solicitor has opened bids on the National Procurement Network in Vietnam but no investors have submitted their documents, what should I do?
- When will Circular 10/2022/TT-BKHDT take effect?
What information will be provided, posted, exploited data about PPP and investor selection on the National Procurement Network in Vietnam?
Pursuant to Article 1 of Circular 10/2022/TT-BKHDT stipulates as follows:
"Article 1. Scope
1. This Circular details the provision, posting and exploitation of the database on PPP and investor selection on the national bidding network system, including:
a) Providing and posting information about investment projects in the form of public-private partnerships (hereinafter referred to as PPP projects); the list of investment projects using land, projects subject to bidding in accordance with specialized laws and laws on socialization;
b) Provide and publish information on selection of investors to implement PPP projects, investment projects using land, and projects subject to bidding in accordance with specialized laws and social laws. socialization;
c) Survey of investors' interest in PPP projects; interested | investment projects using land within the scope of the Law on Bidding;
d) Domestic prequalification for PPP projects;
dd) Exploit the database on PPP.
2. For projects with contents on the list of state secrets as prescribed by the law on protection of state secrets, they are not required to provide or publish highly confidential information as prescribed in this Circular. The management of information on the list of state secrets shall comply with the law on protection of state secrets.
3. Online investor selection has not been applied to the following projects:
a) PPP projects apply international prequalification, international open bidding, competitive negotiation, investor appointment,
b) Investment projects using land subject to international open bidding and appointment of contractors.”
Accordingly, the provision, posting, and exploitation of the database on PPP and investor selection on the National Procurement Network shall comply with the above provisions.
Is there a Circular 10/2022/TT-BKHDT on providing, posting information and selecting investors on the National Procurement Network in Vietnam?
Who will be provided, posted, exploited the PPP database and selected investors on the National Procurement Network in Vietnam?
Pursuant to Article 2 of Circular 10/2022/TT-BKHDT stipulating as follows:
“Article 2. Subjects of application
1. Organizations and individuals involved in the selection of investors fall within the scope of regulation specified in Article 1 of this Circular.
2. Organizations and individuals engaged in investor selection activities that are not regulated in Article 1 of this Circular may choose to apply the provisions of this Circular. In case of choosing to apply, the order of providing and posting information shall comply with the User Manual on the National Procurement Network.”
Accordingly, the subjects applied to the provision, posting, and exploitation of the PPP database and investor selection on the National Procurement Network in Vietnam will be subject to the above provisions.
The bid solicitor has opened bids on the National Procurement Network in Vietnam but no investors have submitted their documents, what should I do?
Pursuant to Article 5 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 5. Principles of application of online investor selection
1. Electronic documents transacted through the System, information posted on the System are considered original documents, have legal validity and have the same effect as paper documents, serving as a basis for public service. assessment, appraisal, inspection, examination, audit and disbursement,
2. The bid solicitor shall open bids on the System immediately after the closing time. If there is no investor to submit the application, the survey of interest in PPP projects, invitation for interest in investment projects using land, and online prequalification of PPP projects may be considered for an extension of the deadline for submission of E- EOI, E-Proposal, bid closing time or organization to survey PPP project interest, invite interest in investment projects using land, organize online prequalification.”
Thus, the online investor selection on the national bidding system is carried out in accordance with the above provisions.
Accordingly, in case the bid solicitor has opened bids on the system but no investor submits the dossier, it will be considered for extension of time limit for submission of E-Proposal, E-Proposal, time of bid closing or organization of survey. Observe interest in PPP projects, invite interest in investment projects using land, organize online prequalification.
When will Circular 10/2022/TT-BKHDT take effect?
Pursuant to Article 32 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 32. Effectivity
1. This Circular takes effect from August 1, 2022.
2. From the effective date of this Circular, Articles 7, 8, 9, 10 and 13 of Circular No. 06/2020/TT-BKHDT dated September 18, 2020 of the Minister of Planning and Investment The Circular guiding the implementation of the Government's Decree No. 25/2000/ND-CP dated February 28, 2020 detailing the implementation of a number of articles of the Bidding Law on investor selection has expired.
3. Data on investors' financial statements are shared from the National Information System on Business Registration and the Electronic Tax System.
4. In case the documents referred to in this Circular are amended, supplemented or replaced, the provisions of those new documents shall apply.
5. Every year, the Ministry of Planning and Investment guides the provision and posting of information about PPP and bidding on the System and the Procurement Newspaper in accordance with the holiday and New Year schedule as announced by the Ministry of Labor and Trade. Military and Society.
6. Based on the actual situation, the Procurement Administration Department, the Ministry of Planning and Investment can edit the webforms on the System to create more favorable conditions for the parties involved in the selection activity. select investors online, reduce administrative procedures, further enhance competitiveness, fairness, transparency and economic efficiency in investor selection, and at the same time ensure effective state management on PPP investment, bidding,
7. In the course of implementation, if there are problems, ministries, ministerial-level agencies, agencies attached to the Government, other central agencies, People's Committees at all levels, state economic groups, State corporations and relevant organizations and individuals shall send their comments to the Ministry of Planning and Investment for timely consideration and guidance./.”
Circular 10/2022/TT-BKHDT will take effect from August 1, 2022.
LawNet
