Vietnam: Application forms applied to PPP projects on the National Procurement Network from August 1, 2022?

Hello Lawnet, I want to ask: In the future, what application forms will be applied to investment projects under the public-private partnership method in Vietnam? Thanks!

What is the National bidding network system of Vietnam?

Pursuant to Clause 1, Article 3 of Circular 10/2022/TT-BKHDT, the definition of the national bidding network system is given:

“Article 3. Interpretation of terms
1. The National electronic bidding network system of Vietnam (hereinafter referred to as the System), the national information system on enterprise registration, the National Online Procurement Center of Vietnam (hereinafter referred to as the Center), Digital Certificate, User Manual, Business Account, 6-GP Project Enterprise, Project & GP POWDER Contract are explained in accordance with Clauses 1, 2, 3, 7, 8, 11, 12 and 13 Articles 3 Circular No. 08/2002/TT-BKHDT dated May 31, 2022 of the Minister of Planning and Investment of Vietnam detailing the provision and posting of information on bidding and contractor selection on the Internet national bidding (hereinafter referred to as Circular No. 08/2002/TT-BKHĐT).”

Accordingly, the national bidding network system is an information technology built and managed by the Ministry of Planning and Investment of Vietnam, with a website address of https://muasamcong.mpi.gov.vn.

Vietnam: Application forms applied to PPP projects on the National Procurement Network from August 1, 2022?

Vietnam: Application forms applied to PPP projects on the National Procurement Network from August 1, 2022?

Which application form will be applied to PPP projects on the National Procurement Network of Vietnam?

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

“Article 4. Application of application forms
1. For PPP projects:
a) Appendix I is used to prepare the E-KSQT of the PPP project;
b) Appendix 2 is used to prepare E-KSQT for PPP projects with special elements that need to apply innovative solutions to shorten the progress and complete the construction of works and infrastructure systems. within a certain period of time, achieve a high level of energy saving and environmental protection for projects belonging to the group with high risk of adverse impacts on the environment according to the law on environmental protection.
c) Appendix 3 is used to prepare E-HSMST for PPP projects applying domestic prequalification.
2. For investment projects using land, Appendix 4 is used to prepare E-YCSBNLKN.”

Accordingly, the application of the application form for investment projects under the public-private partnership method on the national bidding network system will be implemented in accordance with the above regulations.

How to select investors through the National Procurement Network of Vietnam?

Pursuant Article 5 of Circular 10/2022/TT-BKHDT stipulates:

“Article 5. Principles of application of online investor selection
1. Electronic documents transacted through the System, the information posted on the System are considered as original documents, have legal validity and have the same effect as the paper table, serving as the basis for public service. assessment, appraisal, inspection, examination, audit and disbursement.
2. The bid solicitor shall open bids on the System immediately after the bid closing time. In case the investor does not 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.”

Accordingly, when selecting investors through the National Procurement Network of Vietnam, it is necessary to ensure that the above principles are followed.

On what principles do you provide, post information, and select investors through the National Procurement Network of Vietnam?

Pursuant Article 6 of Circular 10/2022/TT-BKHDT stipulates:

“Article 6, Principles of providing, posting information and selecting investors online
Specify the format of the attached file (file); technical handling in case the System has problems beyond its control; register to participate in the System and process registration dossiers, manage accounts and use them digitally; sending and receiving electronic documents on the System of Information Technology Infrastructure Conditions must comply with the corresponding provisions in Articles 5,6,7,8,9 and 10 of Circular No. 08/2002/TT-BKHDT.”

Accordingly, the provision, posting of information, and selection of investors through the national bidding network system of Vietnam shall comply with the above-mentioned principles.

How to exploit PPP database according to Vietnamese regulations?

Pursuant Article 7 of Circular 10/2022/TT-BKHDT stipulates:

“Article 7. Exploiting PPP database
1. Organizations and individuals that are not specified at Point b, Clause 3, Article 5 of Decree No. 35/2001/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment by mode of investment Public-private partnerships (hereinafter referred to as Decree No. 38/2012/ND-CP) may access and exploit PPP databases on the list of open databases according to the User Manual.
2. The data used is data that is not within the scope of citizens not being able to access according to the provisions of the law on access to information.”

Accordingly, the exploitation of the PPP database will be carried out in accordance with the above regulations.

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}}