What are regulations on technical handling in case where failure beyond control happens on the Vietnam National E-Procurement System? - Phuong Thuy (Binh Phuoc)
Technical handling in case where failure beyond control happens on the Vietnam National E-Procurement System (Internet image)
Regarding this matter, LawNet would like to answer as follows:
(i) In case of an incident that causes the System to be unable to operate, the bidding packages for selecting contractors online with a bid closing time, an expiration time for clarifying E-HSQT, E-HSDST, E-HSDT within the time from the time the System encounters an incident until the time after the incident is resolved within 02 hours will be automatically extended by the System to a new bid closing time, the expiration time for clarifying E-HSQT, E-HSDST, E-HSDT will be 06 hours after the incident is resolved.
(ii) In case the new bid closing time and the new E-HSQT, E-HSDST, E-HSDT clarification deadline are (i) after 17:00 and before 11:00 the following day, the System will automatically extend to 11:00 the following day.
(iii) In case the System automatically extends the bid closing time according to (i), (ii), the evaluation of E-HSQT, E-HSDST, E-HSDT will be performed based on the bid closing time stated in E-TBMQT, E-TBMST, E-TBMT before the time the System encountered a problem.
(Article 6 of Circular 06/2024/TT-BKHDT)
- Creation of task - specific account:
The participation account shall create and distribute power to the task - specific account corresponding to roles of the participant specified at Points a, b, c, d and dd Clause 8, Article 3 of Circular 06/2024/TT-BKHDT; lock, unlock; reset password, authentication form, login authentication device for the task - specific account.
- Use of digital certificate on the System:
+ The participant that is issued with a digital certificate when participating in the System shall register to use the digital certificate according to the Instruction Manual. Digital certificate on the System is the digital certificate issued to the participant as prescribed in clause 8 Article 3 of Circular 06/2024/TT-BKHDT;
+ The digital certificate is used to create digital signature and authenticate the participant;
+ Registration of use of, change in and cancellation of information on the digital certificate of the participant shall be made on the System according to the Instruction Manual;
+ The participant shall be responsible for assurance about the accuracy of the digital certificate used on the System.
- E-documents specified in Clause 4, Article 3 of Circular 06/2024/TT-BKHDT shall have their legal validity recognized and serve as the basis for comparison and authentication of information for evaluation, appraisal, inspection, audit and disbursement according to regulations of law.
- The sending time and receiving time of e-documents shall be determined according to the real time recorded on the System. Electronic documents that are successfully sent shall be stored on the System.
- When the user sends an e-document on the System, the System shall respond to the user whether the submission is successful or unsuccessful.
- The participant that successfully makes registration on the System shall be entitled to export the status of its e-documents and other information on the System. The information on transaction history shall be used to settle disputes (if any) that arise from sending and receiving e-documents on the System.
- The organization or individual in charge of inspection, supervision, audit and disbursement shall not require a physical copy if an electronic copy of the same document can be found on and exported from the System, unless the original copy is necessary for confirmation.
(Article 8 of Circular 06/2024/TT-BKHDT)
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