What forms of report on inspection of bidding activities applied from 15/6/2024 according to the Circular 07/2024/TT-BKHDT in Vietnam?

What forms of report on inspection of bidding activities applied from 15/6/2024 according to the Circular 07/2024/TT-BKHDT in Vietnam?

On 26/4/2024, the Minister of Planning and Investment of Vietnam promulgates the Circular 07/2024/TT-BKHDT prescribing forms of request for proposals, evaluation report, appraisal report, and report on inspection of bidding activities.

The Circular 07/2024/TT-BKHDT introduces detailed regulations on forms of request for proposal, evaluation report, appraisal report, and report on inspection of bidding activities, including:

1. Forms of the request for proposal (RFP) that are used in common direct contracting procedures include:

a) Form No. 1A used for preparing RFP for construction package;

b) Form No. 1B used for preparing RFP for procurement of goods package;

c) Form No. 1C used for preparing RFP for non-consulting service package;

d) Form No. 1D used for preparing RFP for consulting service package.

2. Forms of valuation reports include:

- Form No. 2A used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, and mixed packages applying offline limited bidding or competitive bidding under single-stage one-envelope procedure;

- Form No. 2B used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, and mixed packages applying offline limited bidding or competitive bidding under single-stage two-envelope procedure;

- Form No. 2C used for preparing bid evaluation reports for consulting service packages applying offline limited bidding or competitive bidding method.

3. Forms of appraisal reports are used for both online and offline bidding, including:

- Form No. 3A used for preparing reports on appraisal of bidding documents;

- Form No. 3B used for preparing reports on appraisal of list of technically-responsive bidders for packages applying single-stage two-envelope procedure, and packages applying common online quotation procedure;

- Form No. 3C used for preparing reports on appraisal of contractor selection results.

4. Forms used in inspection of bidding activities include:

- Form No. 4.1A used for preparing a plan for periodic inspection of bidding activities;

- Form No. 4.1B used for preparing a detailed inspection plan;

- Form No. 4.2 used for preparing the draft report on performance of contractor/investor selection tasks;

- Form No. 4.3 used for preparing report on inspection of contractor/investor selection;

- Form No. 4.4 used for preparing conclusion on inspection of contractor/investor selection;

- Form No. 4.5 used for preparing reports on implementation of inspection conclusions.

5. Form No. 5 is used for preparing reports on performance of bidding activities.

What forms of report on inspection of bidding activities applied from 15/6/2024 according to the Circular 07/2024/TT-BKHDT in Vietnam? - image from internet

What are time limits for submitting reports on bidding activities in Vietnam?

Pursuant to Article 4 of the Circular 07/2024/TT-BKHDT stipulating time limits for submitting reports on bidding activities in Vietnam:

- The Ministry of Planning and Investment of Vietnam shall submit reports to the Prime Minister by April 15 of the year following the reporting period.

If this deadline falls on a weekly day off or public holiday as defined in the Labour Code, it shall be extended to the next business day after the day off or the public holiday.

- Ministries, ministerial agencies, Governmental agencies, other central-government authorities, provincial People's Committees, and state-owned enterprises shall submit reports on VNEPS by February 01 of the year following the reporting period.

If this deadline falls on a weekly day off or public holiday as defined in the Labour Code, it shall be extended to the next business day after the day off or the public holiday.

- Employers and procuring entities shall submit annual reports on their performance of bidding activities by the deadlines set by Provincial Departments of Planning and Investment or units tasked with managing bidding activities.

What fraudulent practices regarding bidding activities are prohibited in Vietnam?

Pursuant to Clause 4 Article 16 of the Law on Bidding in 2023 stipulating prohibited fraudulent practices regarding bidding activities:

- Forging or falsifying information and/or documents used in bidding;

- Deliberately providing information and documents which are not accurate or objective in EOIs, prequalification applications, applications for project execution, bids or proposals with the aim of falsifying the contractor/investor selection result.

Note: the Circular 07/2024/TT-BKHDT takes effect from 15/6/2024.

Best regards!