What information does the bidder update and take responsibility for on the Vietnam National E-Procurement System?

What information does the bidder update and take responsibility for on the Vietnam National E-Procurement System? What are the penalties if providing incorrect information? I’m looking forward to receiving the answer from LawNet. Thank you!

What information does the bidder update to the Vietnam National E-Procurement System?

According to Article 11 of Circular 08/2022/TT-BKHDT stipulating information on bidder's capacity and experience on the E-Procurement System, including:

- General information about the bidder;

- Data on annual financial statements;

- Information about the contracts that have been and are being performed;

- Information about key personnel;

- Information about machinery and equipment;

- Information about the bidder's reputation.

- bidders actively update information about their capacity and experience in accordance with the above provisions

- Bidders actively update information about their capacity and experience as prescribed in Clause 1 of this Article on the System and take responsibility before law for the accuracy of the information declared on the System. . In case the bidder updates information on the System, the System will save all the information before and after the update. Information about the bidder's capacity and experience is authenticated by the bidder's digital signature.

- Bidders need to attach documents to prove their authenticity about capacity, experience, attached documents will be stored and managed on the Vietnam National E-Procurement System.

- In case of providing dishonest declaration in order to obtain financial or other benefits or to evade any obligation, it is considered fraud as prescribed in Clause 4, Article 89 of the Law on Bidding including:

+ In case of intentionally misrepresenting or falsifying information, records and documents of bidders in order to obtain financial or other benefits or to evade any obligation;

+ Individuals who directly evaluate dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, dossiers of proposals, appraise shortlist selection results, bidder selection results, intentional investors making false reports or providing untruthful information to falsify the results of bidder and investor selection;

+ Bidders and investors intentionally provide untruthful information in their dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, dossiers of proposals, falsifying results of bidder selection, and private investors.

- For the content specified at Point b, Clause 1 of this Article, if the data on the financial statements on the System has been updated from the Electronic Tax System and the National Information System on Business Registration, bidders are not required to declare data on financial statements. For financial reporting data from 2021 onwards, in case the bidder discovers that the system has not updated the data compared to the electronic tax system, the bidder shall amend it to match the reported data to the tax authority. tax authorities, the Vietnam National E-Procurement System will save the modified versions of the bidder's information.

What information does the bidder himself update and take responsibility for on the Vietnam National E-Procurement System?

What is the information about the plan of bidder selection on the Vietnam National E-Procurement System?

According to Article 12 of Circular 08/2022/TT-BKHDT stipulating information about the project, the bidder selection plan is as follows:

- Posting time:

+ Information about the bidder selection plan is regularly posted on the System by the investor (for investment and development projects), bid solicitor (for procurement) within 07 working days from the date of purchase. approval of the bidder selection plan Basic information about the project is posted at the same time as the bidder selection plan.

- Attachments:

+ The investor (for development investment projects), the bid solicitor (for regular procurement, must attach the Decision approving the bidder selection plan to the process of posting the bidder selection plan).

- The plan of bidder selection for bidding packages under the project is carried out on the basis of the capital allocation plan for the whole project, it is not compulsory to make a bidder selection plan according to the capital plan of each year.

- Regard the notice of invitation for expression of interest, notice of invitation for prequalification to select bidders, EOI request, electronic prequalification notifications

According to Article 12 of Circular 08/2022/TT-BKHDT stipulating:

+ The bid solicitor shall post the notice of invitation for expression of interest, notice of invitation for prequalification, EOI request, and electronic prequalification notifications on the System according to the schedule of the bidder selection organization and in accordance with the time of the bidder selection organization in the plan. approved bidder selection. The modification or cancellation of the notice of invitation for expression of interest, notice of invitation for prequalification, EOI request, and electronic prequalification notifications shall be done only before the bid closing time, except for prequalification application.

What are the responsibilities of bidders when participating in the Vietnam National E-Procurement System?

According to Article 23 of Circular 08/2022/TT-BKHDT, the bidder's responsibilities are as follows:

- Register to participate in the System for approval according to the provisions of Article 7 of this Circular before the time of bid closing in order to ensure the eligibility according to the provisions of Point d, Clause 1, Article 5 of the Bidding Law.

- Carry out responsibilities according to regulations as in Clauses 1, 2, 3, 4 and 5, Article 77 of the Bidding Law.

- Provide and post bidding information on the System, ensuring compliance with the provisions of Article 80 of the Bidding Law and Article 7 of Decree No. 63/2014/ND-CP.

- Manage accounts participating in the System, digital certificates registered on the System.

Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.


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