On November 17, 2024, the Minister of Planning and Investment of Vietnam issued Circular 22/2024/TT-BKHDT providing guidelines on the provision and posting of information on bidder selection and bidding documentation templates on the national bidding network system.
Contractor information required to be provided from January 1, 2025, for the development of a Database on contractors and the quality of used goods, includes:
(1) Information on the legal status of the contractor
The system extracts information regarding the legal status, financial reports, and other information of enterprises, cooperatives, business households stored in the National Business Registration System, Cooperative Registration, Business Household Registration. For contractors not registered on the National Business Registration System, Cooperative Registration, Business Household Registration, the contractor provides information when registering to join the System.
(2) Information on the capacity and experience of the contractor
- Information on the contractor's capacity and experience is implemented in accordance with point c, clause 1, Article 17 of Decree 24/2024/ND-CP. If the contractor has certificates as prescribed by law, they must declare them on the System.
- Contractors proactively update information about their capacity and experience according to the regulations at point a of this clause on the System and are legally responsible for the accuracy of the information declared on the System. If the contractor makes self-corrections on the System, the System will record all information before and after the corrections by the contractor. Information about the contractor's capacity and experience is authenticated by the contractor's digital signature.
- Contractors must attach documents to prove authenticity regarding capacity and experience; attached documents are stored and managed in the System.
- If a contractor makes false declarations to gain financial or other benefits, or to avoid any obligations, it is considered fraudulent according to clause 4, Article 16 of the Procurement Law 2023.
- Regarding information on financial report data, if financial report data on the System has been extracted from the Electronic Tax System and the National Business Registration System, the contractor is not required to declare financial report data. For financial report data from 2021 onward, if the contractor detects that the System has not updated the data compared to the Electronic Tax System, the National Business Registration System, the contractor must adjust it to match the reported data with the tax authorities, and the System will retain all versions of the contractor's data modifications.
(3) The investor is responsible for providing information on the contractor's reputation in bidding participation as stipulated in point d, clause 1, Article 17 of Decree 24/2024/ND-CP.
(4) The centralized procurement unit is responsible for providing information on the framework agreement as stipulated in clause 2, Article 90 of Decree 24/2024/ND-CP on the System.
(5) The investor or unit in need of procurement in centralized procurement is responsible for providing information about the contractor's contract performance results as stipulated in point dd, clause 1, Article 17 of Decree 24/2024/ND-CP.
(6) The investor or unit in need of procurement in centralized procurement is responsible for providing information about the quality of used goods as stipulated in clause 2, Article 17 of Decree 24/2024/ND-CP.
(7) The investor is responsible for providing information on handling legal violations regarding procurement as stipulated in point a, clause 1, Article 8 of the Procurement Law 2023.
More details can be found in Circular 22/2024/TT-BKHDT effective from January 1, 2025, except for the following provisions effective from December 1, 2024:
+ Provisions at clause 1, Article 16, clause 1, Article 18, clause 1, Article 20 of Circular 22/2024/TT-BKHDT and other contents related to the approval of E-HSMQT, E-HSMST, E-HSMT, pre-qualification results, invitations for interest, contractor selection results for online contractor selection on the System;
+ Provisions at points c, d, and dd clause 12, Article 4 of Circular 22/2024/TT-BKHDT and other content related to online quoting for goods procurement packages, non-consulting services under the streamlined process, and online quoting under the streamlined process in cases of situation handling as prescribed in Article 131 of Decree 24/2024/ND-CP.
- From the date Circular 22/2024/TT-BKHDT comes into effect, Circular 06/2024/TT-BKHDT will no longer be effective.
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