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On April 19, 2024, the Ministry of Planning and Investment of Vietnam issued Circular No. 05/2024/TT-BKHDT, which elaborates on providing and publishing information regarding bidding and contractor selection on the Vietnam National E-Procurement System. This circular introduces important regulations and charge rates relevant to contractors and investors.
Key Provisions of Circular No. 05/2024/TT-BKHDT
Charge Rates
The circular outlines specific charge rates for various activities on the E-Procurement System:
- Maintaining Contractor Profiles:
- The charge for maintaining the name and capacity profile of contractors on the System follows the guidelines of Point a, Clause 11, Article 12 of Decree No. 24/2024/ND-CP, which details the implementation of the Bidding Law regarding contractor selection.
- Investors are required to pay an annual charge of VND 330,000 (including VAT) from the second year of registration onwards.
- Bid Dossier Submission:
- Charges for submitting bid dossiers comply with Point b, Clause 11, Article 12 of Decree No. 24/2024/ND-CP.
- Bid-Winning Contractors:
- Contractors who win bids organized through open bidding, restricted bidding, competitive offers, or online offers must pay charges as per Point c, Clause 11, Article 12 of Decree No. 24/2024/ND-CP.
- Electronic Bid Guarantee:
- Charges for connecting the electronic bid guarantee function between the System and various financial institutions comply with Point d, Clause 11, Article 12 of Decree No. 24/2024/ND-CP.
Organization of Charge Payment
- Profile Maintenance Charges:
- Charges for maintaining contractor and investor profiles must be paid before April 1 each year, except for the first year of registration.
- If a contractor’s or investor’s account status is “suspended for the entire year,” they are not required to pay the maintenance charge for that year. For 2024, the payment deadline is July 1, 2024.
- If a charge is paid for multiple years (up to five years), it will be deducted annually. If an account is suspended for a full year, the remaining charge will be reserved and deducted in subsequent years when the account is reactivated.
- Contractors who are also investors only need to pay one charge to maintain their profile.
- Bid Dossier Submission Charges:
- The payment deadline for bid dossier submission is 14 days from the date of bid opening.
- Bid-Winning Contractor Charges:
- The payment deadline for winning contractors is 30 days from the date of posting the contractor selection results on the System.
- If a winning contractor does not sign the contract, they must notify the National E-Bidding Center and the e-GP project enterprise within 30 days of the selection result posting to receive a refund of the charge.
Implementation
This Circular takes effect immediately upon its signing date. It establishes a clear and structured approach to managing charges related to the E-Procurement System, aiming to ensure transparency and efficiency in Vietnam’s bidding and contractor selection processes.
The new regulations are expected to streamline the process for contractors and investors, providing a fair and organized framework for e-procurement activities.
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