PPP in Vietnam: E-KSQT is free on the National Procurement System of Vietnam from August 1, 2022? What information should be posted when extending the time limit for submitting E-HSQT?

Hi Lawnet, I have the following question: How is the issuance of E-KSQT for PPP projects done? In case of extending time for submission of E-KSQT, what information must be notified? Thanks!

Will the PPP project issue a free online survey of the interest of PPP project investors in Vietnam?

Pursuant to Clause 1, Article 10 of Circular 10/2022/TT-BKHDT stipulates:

“Article 10. Issuing, amending and clarifying E-KSQT, E-YCSBNLKN, Preliminary requirements on capacity and experience; extension of time for submission of E-HSQT, EHSDKTHDA, application for project implementation
1. Release:
a) For PPP projects, E-KSQT is released for free on the System
b) For investment projects using land:
E-YCSBNLKN is released for free at the same time as E-TB one successfully posted on the System. During the posting of the E-YCSBNLKN, the Department of Planning and Investment and the Economic Zone Management Board must attach the following documents:
- Decision on approval of investment policy, decision on approval of preliminary requirements on capacity and experience (for projects subject to approval of investment policies in accordance with the law on investment) or Decision on approval of investment policies. approving the list of projects (for projects not subject to approval of investment policies in accordance with the law on investment;
- Preliminary requirements on approved capacity and experience (for projects subject to approval of investment policies in accordance with the law on investment).
c) For projects that must organize bidding according to the provisions of specialized laws and laws on socialization:
Preliminary requirements on investor's capacity and experience are issued free of charge at the same time as the notice of invitation for interest is successfully posted on the System. During the posting of the Notice of Interest, the following documents must be attached:
- Decision on approval of investment policy, decision on approval of preliminary requirements on capacity and experience (for projects subject to approval of investment policies in accordance with the law on investment) or Decision on approval of investment policies. approving the list of projects (for projects not subject to approval of investment policies according to the provisions of the law on investment,
- Preliminary requirements on approved capacity and experience (for projects subject to approval of investment policies in accordance with the law on investment).
Not to issue a paper copy Preliminary requirements on capacity and experience for investors, in case of issuing paper copies to investors, the paper version has no legal value for making and evaluating actual registration dossiers."

Accordingly, the notice surveying the interest of PPP project investors online for investment projects under the method of public-private partnership will be issued free of charge.

PPP in Vietnam: E-KSQT is free on the National Procurement System of Vietnam from August 1, 2022? What information should be posted when extending the time limit for submitting E-HSQT?

PPP in Vietnam: E-KSQT is free on the National Procurement System of Vietnam from August 1, 2022? What information should be posted when extending the time limit for submitting E-HSQT?

What documents will be posted after the revision of the E-KSQT for the PPP project in Vietnam?

Pursuant to Clause 2, Article 10 of Circular 10/2022/TT-BKHDT stipulates:

“Article 10. Issuing, amending and clarifying E-KSQT, E-YCSBNLKN, Preliminary requirements on capacity and experience; extension of time for submission of E-HSQT, EHSDKTHDA, application for project implementation
2. Modification:
a) For PPP projects:
In case of amending the E-KSQT after its release, the project preparation unit or the agency or unit in charge of receiving the project proposal dossier must upload the following documents on the System:
- The decision to amend together with the revised contents of the E-KSQT;
- E-KSQT has been revised,
b) For investment projects using land:
In case of amending the E-YCSBNLKN after its issuance, the Department of Planning and Investment and the Economic Zone Management Board must post the following documents on the System:
- Decision to amend together with the revised contents of E-YCSBNLIN; - E-YCSBNLKN has been modified,
c) For projects that must organize bidding according to the provisions of specialized law, the law on socialization, in case of modification of preliminary requirements on capacity and experience, the posting shall be made according to a specific method. in the following two ways on the System
- The decision to amend together with the amendments to the preliminary requirements on capacity and experience;
- The revised decision and preliminary requirements on modified capacity and experience must clearly show the revised contents in the revised preliminary requirements on modified capacity and experience.
d) The decision to amend, together with the revised contents, is posted on the System within a minimum period of 10 days before the deadline for submitting the E-Proposal, E-Proposal, and project implementation registration documents. In case the time for posting the revised version does not meet the requirements of this Clause, the time limit for submission of the corresponding E-HSQT, E-Proposal, and project implementation registration dossiers must be extended.”

Accordingly, for PPP projects, when editing the E-KSQT after its release, it will have to upload the documents according to the above regulations on the National Procurement Network.

How to extend the time for submitting E-KSQT in Vietnam?

Pursuant to Clause 4, Article 10 of Circular 10/2022/TT-BKHDT stipulates:

“Article 10. Issuing, amending and clarifying E-KSQT, E-YCSBNLKN, Preliminary requirements on capacity and experience; extension of time for submission of E-HSQT, EHSDKTHDA, application for project implementation
4. Extension of time to submit E-HSQT, E-Proposal, and application for registration of project implementation:
In case of extending the time limit for submitting the E-HSQT, E-Proposal, and project implementation dossiers on the System, the notice of extension shall be posted on the System, clearly stating the following information:
a) The reason for the extension;
b) Deadline for submission of E-HSQT, E-Proposal, and project implementation registration dossier after extension;
c) The name of the investor satisfying the preliminary requirements for capacity and experience in case of extension as prescribed in Clause Sa Article 80 of Decree No. 25/2020/NDCP dated February 28, 2020 of the Government stipulated by the Government. only detailing the implementation of a number of articles of the Bidding Law on investor selection (hereinafter referred to as Decree No. 23/2020/ND-CP), as amended and supplemented at Point c, Clause 25, Article 89 of Decree No. 35/2002/ND-CP.”

Accordingly, if you want to extend the deadline for submitting E-HSQT, you need to post the notice of extension on the National Procurement Network with the contents specified above.

Circular 10/2022/TT-BKHDT comes into force from August 1, 2022.

LawNet

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}