Joint circular No. 20/2010/TTLT-BKH-BTC of September 21, 2010, on the provision of information about bidding on the Vietnam Public Procurement review journal

JOINT CIRCULAR

ON THE PROVISION OF INFORMATION ABOUT BIDDING ON THE VIETNAM PUBLIC PROCUREMENT REVIEW JOURNAL

Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to the Law on amending and supplementing a number of articles of the laws related to investment in fundamental construction No. 38/2009/QH12 dated June 19, 2009 of the National Assembly;

Pursuant to the Law on Investment No. 59/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to the Government's Decree No. 85/2009/NĐ-CP dated October 15, 2009, guiding the implementation of the Law on Bidding and the selection of building contractors in accordance with the Law on Construction;

Pursuant to the Government's Decree No. 108/2009/NĐ-CP dated November 27, 2011 on investment in forms of Build-Operate-Transfer, Build-Transfer-Operate, and Build-Transfer contracts;

Pursuant to the Government's Decree No. 116/2008/NĐ-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

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Article 1. Scope of regulation and subjects of application

1. The Ministries, ministerial-level agencies, Governmental agencies, other Central agencies, People’s Committees at all levels, State-owned economic corporations, State-owned general companies, relevant organizations and individuals, that have projects regulated by the Law on Investment, that provide information and direct the investors, the procuring party, and relevant units under their management to provide information about bidding for the Vietnam Public Procurement Review Journal for publication as prescribed.

2. The organizations and individuals that have projects not being regulated by the Law on Investment are recommended to provided information for the Vietnam Public Procurement Review Journal for publication in order to standardize and unify the information, and enhance the openness of bidding.

Article 2. Providing information for the Vietnam Public Procurement Review Journal

1. The range and content of information being posted on the Vietnam Public Procurement Review Journal:

No.

Content

Limit

Time limit for providing/receiving information

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Issue number

1

2

3

4

5

A. Information about the selection of bidders

1

Bidding plan of the project (or the bidding package(s)), or regular procurement

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Within 7 days as from the date of signing

Investor, procuring party

1 issue

2

Prequalification invitation for bidding packages of goods procurement, installation, and EPC[1]

All limits

The Vietnam Public Procurement Review Journal must receive the information at least 3 working days prior to the date of issue

Investor, procuring party

3 issues

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Invitation to submit expression of interest for bidding package of advisory services

4

Invitation to bid¹

5

Short list [2]

All limits

Within 7 days as from the date of signing

Investor, procuring party

1 issue

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Results of bidder selection

≥ 2 billion VND

7

Invitation to make competitive offers, for bidding packages of goods procurement

≥ 500 million VND

The Vietnam Public Procurement Review Journal must receive the information at least 3 working days prior to the date of issue

Investor, procuring party

3 issue

B. Information about the selection of investors in projects using land

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List of projects using land that need to choose an investor [3]

All limits

Within 7 days as from the date of signing

Procuring party

3 issues

9

List of investors participating in the selection of investors in projects using land

Within 7 days as from the deadline for investors’ registrating

1 issue

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Invitation to bid for the selection of investors in projects using land

The Vietnam Public Procurement Review Journal must receive the information at least 3 working days prior to the date of issue

3 issues

11

The results of the selection of investors in projects using land

Within 10 days as from the date of signing the Decision on approval

1 issue

C. Information about the selection of investors in BOT, BTO, and BT projects.

12

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All limits

In January every year [5]

State agencies competent to conclude and perform project contracts [6]

3 issues

13

List of investors participating in the bid for the selection investors in BOT, BTO, and BT projects

Within 7 days as from the deadline for investors to apply for executing the project

1 issue

14

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The Vietnam Public Procurement Review Journal must receive the information at least 3 working days prior to the date of issue

Procuring party⁶

3 issues

15

Prequalification invitation for the selection of investors in BOT, BTO, and BT projects³

16

Results of the selection of investors in BOT, BTO, and BT projects

Within 10 days as from the date of signing the Decision on approval

1 issue

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17

Legal documents on bidding, documents guiding the bidding issued by ministerial and provincial agencies [7]

All documents

Within 7 days as from the date of signing

The agency in charge of the compilation

1 issue

18

Information about handling of violations of bidding

The handled violations

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Investor, procuring party

1 issue

The bidding packages exempted from posting on the Vietnam Public Procurement Review Journal must be posted on a newspaper which is widely publish in a sector, a province, or nationwide, and comply with the number of issues stated above.

2. Procedures for providing information for posting on the Vietnam Public Procurement Review Journal:

When providing information for the Vietnam Public Procurement Review Journal, the investor and the procuring party must identify the kind of information to be posted and use the corresponding form in Annex 2 promulgated together with this Circular. The information posted in English must use the corresponding English form. The investors and procuring party may download the English forms from the website http://www.thongtindauthau.com.vn.

For bidding packages belonging to projects funded by ODA, the information provision must be made using the form provided by the sponsors.

The written information must be clearly typed, signed, and stamped. The information must sent to the Vietnam Public Procurement Review Journal as follows:

a) Sending directly or by post:

The envelop must be organized as follows:

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INFORMATION PROVIDED FOR THE VIETNAM PUBLIC PROCUREMENT REVIEW JOURNAL

            To:           The Vietnam Public Procurement Review Journal

              [Specify the address of the Editorial office of the Vietnam Public Procurement Review Journal]

b) by fax:

The information is sent to the Vietnam Public Procurement Review Journal using the fax number of the Vietnam Public Procurement Review Journal.

For information about the bidding plan, the information provider must send an email attached with a file titled “Bidding plan” to the email [email protected]

When sending information by fax, the original must still be sent to the Vietnam Public Procurement Review Journal as guided in Point a this Clause.

After sending information to the Vietnam Public Procurement Review Journal, the investors and procuring parties may access their information status on the website www.thongtindauthau.com.vn, or call 1900571270 for having the enquiries about posting bidding information answered.

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1. The organizations and individuals that provide information for posting on the Vietnam Public Procurement Review Journal must comply with this Circular and relevant law provisions on investment and bidding.

2. If an information provider fails to comply with such provisions, or when the Vietnam Public Procurement Review Journal requests the adjustment of information, that without it, the information shall not be posted, such provider shall be liable to the disciplinary actions prescribed in Clause 2 Article 6 of this Circular and other relevant law provisions.

Article 4. Responsibilities of the Vietnam Public Procurement Review Journal

1. The Vietnam Public Procurement Review Journal post the received information as prescribed. The Vietnam Public Procurement Review Journal must post information within 3 working days after receiving the following information:

a) Prequalification invitation for bidding packages of goods procurement, installation, and EPC;

b) Invitation to submit expression of interest for bidding package of advisory services;

c) Invitation to bid;

d) Invitation to make competitive offers, for bidding packages of goods procurement;

dd) Invitation to bid for the selection of investors in projects using land;

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g) Invitation to bid for the selection of investors in BOT, BTO, and BT projects.

For other information, the Vietnam Public Procurement Review Journal must post them within 10 working days after the reception.

2. If the Vietnam Public Procurement Review Journal fails to post the information within the time limit prescribed in Clause 1 above, the Vietnam Public Procurement Review Journal must notify the information providers.

3. The Vietnam Public Procurement Review Journal is not responsible for the delay, missing, or other reasons during the information transmission.  The Vietnam Public Procurement Review Journal post the complete and appropriate information as prescribed in this Circular.

Article 5. The regime for collecting, managing, and using fees for posting information on the Vietnam Public Procurement Review Journal

1. Subjects of and fees for posting information on the Vietnam Public Procurement Review Journal

a) The charged subjects are organizations that provide information about bidding and relevant information on the Vietnam Public Procurement Review Journal as prescribed in Clause 1 Article 2 of this Circular.

b) The rates of fees for posting information on the Vietnam Public Procurement Review Journal must comply with Annex 1 promulgated together with this Circular.

2. Collecting, managing, and using fees

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b) The agencies that collect the fees for posting information about bidding may use such receipts for the following tasks:

- Spending on printing journals posting information about bidding which are distributed nationwide;

- Paying individuals that directly enter and check the information about bidding for posting on the Journal, including: salaries, remunerations, benefits, overtime bonus; the contributions according to salaries under the current regimes; allowances for business trips;

- Spending on the publication, such as: building rent, stationery, supplies, communications, electricity, water supply, and other expenses according to the current norms and standards;

- Spending on purchasing materials and other expenses on the publication of the bidding information, the regular maintenance, and the major repairs of the assets of the Journal, the warranty, upgrade of machinery and equipment serving the activities of the Journal;

- Spending on periodic inspection and audit;

- Other expenses directly related to the publication of bidding information.

Annually, after paying the expenses, tax and other payables as prescribed, the positive difference (if any) may be use for establishing funds (the amount and use of funds must comply with current provisions).

All the money collected from the fees for posing bidding information must be properly used, with sufficient invoices as prescribed by technical the Law on Accounting; the unused amount must be transferred to the succeeding year for spending as prescribed.

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1. This Circular takes effect after 45 days as from the date of its signing, and supersedes the Documents No. 4073/BKH-QLĐT dated June 5, 2008 of the Ministry of Planning and Investment on the provision of information for the Vietnam Public Procurement Review Journal.

2. The investors and procuring parties that fail to provide the information obligated to by posted on the Vietnam Public Procurement Review Journal shall be warned as prescribed in Article 75 of the Law on Investment. They shall be banned from bidding for 6 months when committing 3 or more warned violations, as prescribed in Clause 4 Article 65 of the Decree No. 85/2009/NĐ-CP.

3. The Ministries, ministerial-level agencies, Governmental agencies, other Central agencies, People’s Committees at all levels, State-owned economic corporations, State-owned general companies, relevant organizations and individuals are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Planning and Investment and the Ministry of Finance for consideration and amendment./.

FOR THE MINISTER OF FINANCE
DEPUTY MINISTER




Truong Chi Trung

FOR THE MINISTER OF PLANNING AND INVESTMENT
DEPUTY MINISTER




Dang Huy Dong

ANNEX 1

(promulgated together with the Circular No. 20/2010/TTLT-BKH-BTC dated September 21, 2010 of the Ministry of Planning and Investment – the Ministry of Finance)

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No.

Posted information

I

Information eligible for complimentary publication

1.

Biding plan

2.

Notice of the results of bidder selection

3.

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4.

Invitation to submit expression of interest

5.

Short list

6.

Notice of List of projects using land that need to choose an investor

7.

Notice of List of investors participating in the selection of investors in projects using land

8.

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9.

List of BOT, BTO, and BT projects

10.

List of investors participating in the bid for the selection investors in BOT, BTO, and BT projects

11.

Prequalification invitation for the selection of investors in BOT, BTO, and BT projects

12.

Results of the selection of investors in BOT, BTO, and BT projects

13.

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14.

Introduction of legal documents on bidding, documents guiding the bidding issued by ministerial and provincial agencies

15.

Information about handling of violations of bidding

II

Charged information

Fee rate

16.

Invitation to bid

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17.

Invitation to offer

100,000 VND/3 issue/package

18.

Invitation to bid for the selection of investors in projects using land

300,000 VND/3 issue/package

19.

Invitation to bid for the selection of investors in BOT, BTO, and BT projects

300,000 VND/3 issue/package

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Invitation to bid, prequalification invitation, invitation to submit notify expression of interest regarding the bidding packages belonging to the projects funded by ODA

400,000 VND/3 issue/package