Time limit for payment of fees for maintaining name and capacity profile of the bidder or investor in Vietnam as of April 19, 2024

Time limit for payment of fees for maintaining name and capacity profile of the bidder or investor in Vietnam as of April 19, 2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows:

On April 19, 2024, the Minister of Planning and Investment issued Circular 05/2024/TT-BKHDT  on prescribing management and use of fees associated with contractor and investor selection on Vietnam E-Procurement System (VNEPS)

1. Time limit for payment of fees for maintaining name and capacity profile of the bidder or investor in Vietnam as of April 19, 2024

According to Article 6 of Circular 05/2024/TT-BKHDT, regulations on time limit for payment of fees for maintaining name and capacity profile of the bidder or investor in Vietnam are as follows:

(1) Regarding fee for maintaining name and capacity profile of the bidder or investor on VNEPS:

- This fee must be paid by April 01 each year (except the year in which the registration is made on VNEPS); if the account of a bidder or investor on VNEPS is locked for the entire year (from January 01 to December 31 of a year), the bidder or investor must not pay this fee. The fee paid for 2024 must be paid by July 01, 2024;

- If a bidder or investor pays the fee for maintaining their name and capacity profile on VNEPS for multiple years (up to 05 years), the fee paid will be gradually deducted for each year. During the period for which the fee has been fully paid, if the account of a bidder or investor on VNEPS is locked for the entire year (from January 01 to December 31 of a year), the remaining amount of fee paid shall be reserved and deducted for the following years after the bidder or investor's account on VNEPS is unlocked;

- If a bidder is also an investor, the fee for maintaining name and capacity profile on VNEPS shall only be paid in the name of the bidder.

(2) The fee for bid submission must be paid within 14 days from the bid opening date.

(3) The fee paid by a winning bidder must be paid within 30 days from the day on which the contractor selection result is published on VNEPS. The winning bidder that refuses to sign a contract shall notify the National E-Procurement Centre and e-GP project enterprise within 30 days from the day on which the contractor selection result is published on VNEPS so that the e-GP project enterprise will return the collected fee to the bidder.

2. Fees for maintaining name and capacity profile of the bidder or investor on Vietnam E-Procurement System

- Fee for maintaining name and capacity profile of the bidder on VNEPS shall comply with provisions of point a clause 11 Article 12 of Decree 24/2024/ND-CP on elaboration of and measures for implementation of the Bidding Law regarding contractor selection

The fee for maintaining name and capacity profile of the bidder on VNEPS for 01 year is VND 330.000 (inclusive of VAT). This fee shall be paid from the second year onwards after the year in which the investor completes procedures for becoming a VNEPS participant.

- Fee for submitting bids on VNEPS shall comply with provisions of point b clause 11 Article 12 of Decree 24/2024/ND-CP.

- Fee paid by a winning bidder of a package applying competitive bidding, limited bidding, shopping method or online quotation method under common online bidding procedure shall comply with provisions of point c clause 11 Article 12 of Decree 24/2024/ND-CP

- Fee for connecting electronic bid security function between VNEPS and domestic credit institutions, foreign bank branches duly established under the law of Vietnam, domestic non-life insurers, and branches of foreign non-life insurers duly established under the law of Vietnam shall comply with provisions of point d clause 11 Article 12 of Decree 24/2024/ND-CP

(Article 4 of Circular 05/2024/TT-BKHDT)

Circular 05/2024/TT-BKHDT takes effect from April 19, 2024.

From the effective date of Circular 05/2024/TT-BKHDT, Circular 06/2021/TT-BKHDT on elaboration of collection, payment, management, and use of service charges for registration, posting information, selection of preferred bidders, investors on the National E-Procurement System, the Vietnam public procurement review journal will expire.

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