From January 01, 2025, shall the online bidding method apply to all packages? What is the Vietnam E-Procurement System?
What is the Vietnam E-Procurement System?
Pursuant to Clause 18, Article 4 of the Law on Bidding 2023, “Vietnam E-Procurement System (VNEPS)” means an information technology system which is developed and managed by regulatory authorities in charge of bidding activities (hereinafter referred to as “bidding authorities”) for consistently managing bidding information and carrying out online bidding activities..
From January 01, 2025, shall the online bidding method apply to all packages in Vietnam?
From January 01, 2025, shall the online bidding method apply to all packages in Vietnam?
Pursuant to Clause 1, Article 50 of the Law on Bidding 2023, as follows:
Online contractor and investor selection
1. Domestic competitive bidding, limited bidding and shopping must be conducted on VNEPS according to the following roadmap:
a) From the effective date of this Law to December 31, 2024 inclusively, the Government shall decide whether to adopt online bidding method or not;
b) From January 01, 2025, the online bidding method shall apply to all packages, except cases where the bidding is not conducted on VNEPS as prescribed in Clause 5 of this Article.
According to the roadmap, from January 1, 2025, from January 01, 2025, the online bidding method shall apply to all packages, except cases where the bidding is not conducted on VNEPS is made as prescribed in Clause 5, Article 50 of the Law on Bidding 2023.
Accordingly, Clause 5, Article 50 of the Law on Bidding 2023 mentions that the Government shall stipulate the connection and information sharing.
What are the contents of online contractor and investor selection on Vietnam E-Procurement System?
Pursuant to Clause 2, Article 50 of the Law on Bidding 2023 as follows:
Online contractor and investor selection
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2. Contractor/investor selection contents to be conducted on VNEPS:
a) Publishing of information on contractor/investor selection;
b) Preparation, appraisal and approval of prequalification document, EOI request, bidding documents or RFP;
c) Preparation and submission of prequalification applications, EOIs, applications for project execution, bids or proposals;
d) Bid opening;
dd) Evaluation of prequalification applications, EOIs, bids or proposals, invitation for contract negotiation, appraisal and approval of contractor selection result;
e) Consortium agreement, electronic bid security, electronic contract performance;
g) Clarification of bidding-related contents;
h) Submission and receipt of petitions;
i) Electronic contract;
k) Electronic payment.
3. Electronic documents on VNEPS shall be valid in accordance with regulations of the Law on electronic transactions and used as the basis for comparing, verifying and authenticating information serving performance of evaluation, appraisal, inspection, supervision, auditing and disbursement tasks.
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Accordingly, the contractor/investor selection contents to be conducted on VNEPS:
- Publishing of information on contractor/investor selection;
- Preparation, appraisal and approval of prequalification document, EOI request, bidding documents or RFP;
- Preparation and submission of prequalification applications, EOIs, applications for project execution, bids or proposals;
- Bid opening;
- Evaluation of prequalification applications, EOIs, bids or proposals, invitation for contract negotiation, appraisal and approval of contractor selection result;
- Consortium agreement, electronic bid security, electronic contract performance;
- Clarification of bidding-related contents;
- Submission and receipt of petitions;
- Electronic contract;
- Electronic payment.
What are the requirements for Vietnam E-Procurement System?
Pursuant to Article 51 of the Law on Bidding 2023, the requirements for VNEPS are as follows:
- Information published on VNEPS must be made publicly available and accessed without limitation.
- Time source of VNEPS shall comply with regulations of law on national standard time source.
- VNEPS must be operated in a continuous, uniform, stable and safe manner and is capable of user authentication, and data confidentiality and integrity.
- Information on transactions conducted on VNEPS must be sufficiently recorded and can be easily tracked.
- VNEPS must be operated in a manner ensuring that bidders/investors cannot send their EOIs, prequalification applications, bids or proposals to procuring entities after deadlines for submission of bids.
- Information on contractors/investors may be obtained from the national enterprise registration information system, tax administration information system, budget and treasury management information system and other systems.
VNEPS shall be connected with web portals and other information systems for the purposes of sharing data and information used in online bidding and serving state management of bidding activities.
The Law on Bidding 2023 takes effect from January 1, 2024.
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