What information must be published on National E-procurement System in Vietnam?

What information must be published on National E-procurement System in Vietnam? (Internet image)

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

1. What is national E-procurement System?

According to Clause 26, Article 4 of the Law on Procurement 2013, national E-procurement System means an information technology system which is set up and managed by the state management agency of bidding activities with the aim to perform unified management of information on bidding and online bidding.

In addition, according to Clause 1, Article 3 of Circular 08/2022/TT-BKHDT, Vietnam National E-Procurement System (hereinafter referred to as “the System”) refers to the information technology system developed, administered and operated by the Ministry of Planning and Investment at the address http://muasamcong.mpi.gov.vn in accordance with regulations laid down in Clause 26 Article 4 of the Law on Procurement of Vietnam.

2. What information must be published on National E-procurement System in Vietnam?

All information must be published on National E-procurement System, bidding newspapers including:

- The plan on selection of bidders/investors;

- Notice of invitation for expression of interest, notice of invitation for prequalification;

- Notice of Proposed Procurement, Invitation to Bid;

- Short list;

- Results of selection of bidders/investors;

- Results of bid opening for online bidding;

- Information on handling of violations of law on procurement;

- Legal documents on bidding;

- List of investment projects using land;

- The database of bidders/investors, bidding experts, lecturers of bidding, and establishments of training on bidding;

- Other relevant information.

(Clause 1, Article 8 of the Law on Procurement 2013 (amended in the Law on Public – Private Partnership Investment 2020))

3. 05 Requirements for National E-procurement System in Vietnam

Requirements for National E-procurement System specified in Article 61 of the Law on Procurement 2013, are as follows:

(1) It must publish, not limit the access of information.

(2) Users may realize the real time upon accessing National E-procurement System.

Time on National E-procurement System is the real time and standard time in bidding through National E-procurement System.

(3) It must operate continuously, unified, be stable and safe on information, have ability to identify users, keep confidential and entire data.

(4) It must perform the storage of information and may retrieve histories of transactions on National E-procurement System.

(5) It must ensure that bidders and investors cannot send EOI responses, Applications, Bids, Proposals to the Procuring Entity after deadline for submisison of bids.

4. When are bidders/investors considered eligible?

According to Article 5 of the Law on Procurement 2013, eligibility of bidders/investors is as follows:

- A bidder or investor being an organization shall be deemed to be eligible when it satisfies the following conditions:

+ Having registration for establishment and operation issued by the competent authority of country where it is operating;

+ Keeping independent accounting records;

+ Not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

+ Having registered on National E-procurement System;

+ Ensuring the competitiveness in bidding as prescribed in Article 6 hereof;

+ Not being banned from bidding;

+ Its name is stated in short list for case where the short list has been selected;

+ Being in a joint venture with domestic contractors or employment of domestic subcontractors in case of a foreign contractor making an international bidding in Vietnam, unless the domestic contractor cannot acquire the competencies necessary to perform any portion of the package.

- A bidder or investor being an individual shall be deemed to be eligible when it satisfies the following conditions:

+ Having full legal capacity as per the law of the country of which such individual is a citizen;

+ Having an appropriate professional certificate as prescribed by law;

+ Having lawful registration for operation as prescribed by law;

+ Not facing a criminal prosecution;

+ Not being banned from bidding.

- Bidders and investors with eligibility as prescribed in Clause 1 and Clause 2 of Article 5 of the Law on Procurement 2013 may make a bid as an independent bidder/investor or in a joint venture; in case of joint venture, it must have written agreement among members, in which clearly stating responsibilities of the leading JV's Party and general responsibilities, particular responsibilities of each JV’s Party.

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