Form No. 4A

Form No. 4A is used to prepare Electronic Bidding Document applying the form of open bidding, limited bidding, competitive offering according to the one-stage, one-envelope method.

Subject	Ministry of Planning and Investment	Code	4A
Category	Circulars	Signer	Nguyễn Chí Dũng
Area	Đấu thầu	Publtime	15/02/2024

FORM NUMBER 4A

TEMPLATE FOR ONLINE BID INVITATION DOCUMENTS ON THE PURCHASE OF GOODS PACKAGE USING THE ONE-STAGE ONE-ENVELOPE METHOD.
(Issued together with Circular No. 06/2024/TT-BKHDT
dated 26 April 2024 by the Minister of Planning and Investment)

INVITATION FOR BIDS

Tender package number and Electronic Invitation To Bid number (on the System):	_________________
Name of the tender (according to the Electronic Invitation To Bid content on the System):	_________________
Project/Procurement estimate (according to the Electronic Invitation To Bid content on the System):	_________________
Date of issue (according to the Electronic Invitation To Bid content on the System):	_________________
Issued together with Decision (according to the Electronic Invitation To Bid content on the System):	_________________

TABLE OF CONTENTS

Summary description
Part 1. BIDDING PROCEDURE
Chapter I. Bidder instructions
Chapter II. Bid data sheet
Chapter III. Electronic Pre-qualification application evaluation standards
Chapter IV. Bid invitation forms and bidding
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical requirements
Part 3A. CONTRACT CONDITIONS
Chapter VI. General conditions of contract
Chapter VII. Specific conditions of contract
Or Part 3B. FRAMEWORK AGREEMENT (Applicable in case of centralized procurement using framework agreement)
Chapter VI. General conditions of framework agreement
Chapter VII. Specific conditions of framework agreement
Chapter VIII. Framework Agreement
Part 4. CONTRACT FORM

SUMMARY DESCRIPTION

Part 1. BIDDING PROCEDURES

Chapter I. Instructions to Bidders
This chapter provides information to assist bidders in preparing the E-Bid Submission. It includes regulations regarding the preparation, submission, bid opening, evaluation of E-Bid Submission, and contract award. The regulations in this chapter must be used without modification.
This chapter is uniformly applied to all online procurement packages, fixed in PDF format and published on the System.
Chapter II. Bidding Data Sheet
This chapter specifies the contents of Chapter I when applied to individual procurement packages.
This chapter is digitized in the form of webforms on the System. The Employer inputs information into the E-Bidding Data Sheet (Electronic Bidding Document List) on the System.
Chapter III. Evaluation Criteria for the E-Bid Submission
This chapter includes criteria for evaluating E-Bid Submissions. Specifically:
- Section 1 (Evaluation of the validity of the E-Bid Submission) is fixed in PDF/Word format and published on the System;
- Section 2 (Evaluation criteria for capacity and experience) is digitized as a webform. The Employer must input information into the corresponding webforms;
- Section 3 (Technical evaluation criteria), Section 4 (Financial evaluation criteria)) and Section 5 (Alternative technical proposal in E-Bid Submission (if any)) are PDF/Word files prepared and uploaded by the Employer on the System.
Based on the information input by the Employer, the System automatically generates the corresponding bidding forms related to the evaluation criteria.
Chapter IV. Bid Invitation and Submission Forms
This chapter includes forms that the Employer and bidders must complete as part of the content of the E-Bid Invitation and E-Bid Submission.
This chapter is digitized as a webform. The Employer and bidders must input information into the corresponding webforms suitable for the package to create the E-Bid Invitation and E-Bid Submission on the System.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
This chapter specifies the technical requirements and drawings to describe the technical characteristics of the goods and related services; the details on inspection and testing of goods (if any) are displayed in PDF/Word/CAD files prepared by the Employer and attached to the System.
Part 3A. CONTRACT CONDITIONS
Chapter VI. General Conditions of Contract
This chapter includes general terms applied to all contracts. These provisions are used without modification.
This chapter is uniformly applied to all online procurement packages, fixed in PDF format and published on the System.
Chapter VII. Specific Conditions of Contract
This chapter includes contract data and Specific Conditions, which contain specific clauses for each contract. Specific Conditions of Contract are intended to clarify and supplement, but not replace, the General Conditions of Contract.
This chapter is digitized as a webform. The Employer inputs information into the Specific Conditions of Contract on the System.
Part 3B. FRAMEWORK AGREEMENT (Applicable in case of centralized procurement using framework agreements)
Chapter VI. General Conditions of Framework Agreement
Chapter VII. Specific Conditions of Framework Agreement
Chapter VIII. Framework Agreement
Part 4. CONTRACT FORM TEMPLATES
This part includes templates that, when completed, will form part of the contract. The performance guarantee form (Letter of Guarantee) and Advance Payment Guarantee (if applicable) are completed by the successful bidder before the contract becomes effective.
This part includes PDF/Word files prepared by the Employer in the specified format.

Part 1. BIDDING PROCEDURES
Chapter I. INSTRUCTIONS TO BIDDERS

1. Scope of the Package	1.1. The Employer specified in the Electronic Bidding Document List issues this E-Bidding Document (Electronic Bidding Document) to select the bidder to implement the procurement package according to the one-stage, one-envelope method. 1.2. The name of the package, project/estimate; quantity, and number of parts (if any) in the package are specified in the Electronic Bidding Document List.
2. Explanation of terms in online bidding	2.1. The bid closing time is the deadline for receiving the E-Bid Submission and is specified in the Electronic Invitation To Bid on the System. 2.2. The day refers to a calendar day, including weekends, holidays, and public holidays as per labor law. 2.3. The time and date on the System refer to the time and date displayed on the System (GMT+7).
3. Source of Funds	The source of funds for the package is specified in Electronic Bidding Document List.
4. Prohibited Acts	4.1. Offering, accepting, or brokering a bribe. 4.2. Abusing authority or position to unlawfully influence or interfere in any form with the bidding process. 4.3. Collusion in the bidding process includes the following acts: a) Arranging, agreeing, or coercing one or more parties to prepare or withdraw Electronic Pre-qualification application so that one party wins the bid; b) Arranging or agreeing to refuse to supply goods or services, not sign subcontracting agreements, or carry out other agreements to limit competition to favor one party in the bid; c) Bidders with the capacity and experience who have participated in the bidding and met the requirements of Electronic Bidding Document but deliberately do not provide documents to prove their capacity or experience when requested by the procuring entity to clarify the Electronic Pre-qualification application or when requested for comparison, thus allowing another party to win the bid. 4.4. Fraud includes the following acts: a) Falsifying or altering information, records, or documents in the bidding process; b) Intentionally providing dishonest, non-objective information or documents in the Electronic Pre-qualification application to distort the bidding results. 4.5. Obstruction includes the following acts: a) Destroying, deceiving, altering, or concealing evidence or falsely reporting; threatening or suggesting to any party to prevent clarification of bribery, fraud, or collusion with the supervising, inspecting, auditing, or checking authorities; b) Obstructing the authority, project owner, procuring entity, or bidder in the selection of the bidder; c) Obstructing authorities in supervising, inspecting, auditing, and investigating the bidding process; d) Filing false complaints, accusations, or petitions to obstruct the bidding process; đ) Violating cybersecurity laws to interfere or obstruct e-bidding. 4.6. Failure to ensure fairness and transparency includes the following acts: a) Participating in the bidding as a bidder for the package they organized or as the project owner, or performing the duties of the procuring entity or project owner contrary to the provisions of the Law on Bidding; b) Participating in both the preparation and evaluation of the Electronic Bidding Document for the same package; c) Participating in both the evaluation of Electronic Pre-qualification application and the validation of bidder selection results for the same package; d) An individual of the procuring entity or project owner directly participating in the bidder selection process, or serving as an expert team member, or a bidder selection result evaluator for packages where their relatives, according to the Enterprise Law, are the legal representatives of the bidding bidder; đ) A bidder participating in a procurement package of goods for which they provided consulting services, such as preparing, verifying, or evaluating technical designs or cost estimates, or performing inspection services for the package. e) Bidding for a package in a project where they held a management or leadership position within 12 months of leaving the agency responsible for the procurement. g) Including specific brand requirements in Electronic Bidding Document, except as specified in Point e Clause 3 Article 10, Clause 2 Article 44, and Clause 1 Article 56 of the Law on Bidding; h) Including conditions in Electronic Bidding Document to restrict bidder participation or to create an advantage for one or a few bidders that cause unfair competition, violating Clause 3 Article 44 of the Law on Bidding. 4.7. Disclosing documents and information about the bidder selection process, except for providing information as required by Point b Clause 8 Article 77, Clause 11 Article 78, Point h Clause 1 Article 79, Clause 4 Article 80, Clause 4 Article 81, Clause 2 Article 82, and Point b Clause 4 Article 93 of the Law on Bidding, including: a) Electronic Bidding Document content before the issuance as required; b) The content of the Electronic Pre-qualification application; the request for clarification of Electronic Pre-qualification application from the procuring entity and the bidder's response during the evaluation process; the reports of the procuring entity, expert team, validation reports, and consulting bidders, as well as any other related reports during the bidder selection process; c) The bidder selection results before they are made public according to the regulations; d) Any other documents in the bidder selection process determined to contain state secrets as prescribed by law. 4.8. Subcontracting in the following cases: a) The bidder transfers to another bidder the part of the package beyond the maximum value allocated for the subbidder and the volume of work for the special subbidder stated in the contract; b) The bidder transfers to another bidder the part of the package not exceeding the maximum value of the work for the subbidder stated in the contract but beyond the scope of work proposed for the subbidder in the Electronic Pre-qualification application without approval from the project owner or supervisory consultant; c) The project owner or supervisory consultant approves the bidder's transfer of the work specified in Point a of this clause; d) The project owner or supervisory consultant approves the bidder's transfer of the work specified in Point b of this clause that exceeds the maximum value for subcontracted work stated in the contract.
5. Eligibility of the Bidder	5.1. The bidder is an organization that meets the following conditions: a) Independently finances its operations; b) Is not in the process of dissolution or under the process of having its business registration certificate, cooperative registration certificate, or cooperative union registration certificate revoked; is not insolvent according to bankruptcy laws; c) Ensures competition in bidding as specified in Electronic Bidding Document List; d) Is not under a bidding ban as prescribed by the Law on Bidding; đ) Is not under criminal investigation; e) Is not in a suspended or terminated status in the System. 5.2. The bidder is a household business that meets the following conditions: a) Has a household business registration certificate as prescribed by law; b) Is not in the process of terminating operations or having its household business registration certificate revoked; the business owner is not under criminal investigation; c) Meets the conditions specified in Points c, d, and e of Section 5.1 Electronic Competitive Dialogue and Negotiated Tendering. 5.3. Bidders are individuals or groups of individuals offering their innovative products in accordance with Clause 4 Article 5 of Decree No. 24/2024/ND-CP stipulating the detailed implementation of the Law on Bidding for bidder selection (hereinafter referred to as Decree No. 24/2024/ND-CP) and are eligible to participate in the bidding when they meet the following conditions: a) Have full civil capacity according to the laws of their home country; b) Meet the conditions specified in Points c, d, đ, and e of Section 5.1 Electronic Competitive Dialogue and Negotiated Tendering. 5.4. For packages with a value of less than 500 million VND, procurement from bidders employing 50% or more disabled, wounded, or ethnic minority workers with labor contracts of at least 03 months and whose contracts remain valid at the time of bid closing is eligible under Clause 1 Article 7 of Decree No. 24/2024/ND-CP as specified in Bidding Document List.
6. Content of Electronic Bidding Document	6.1. The Electronic Bidding Document includes Electronic Invitation To Bid and Part 1, Part 2, Part 3A (or Part 3B), Part 4 along with documents amending or clarifying the Electronic Bidding Document as prescribed in Section 7 of Electronic Competitive Dialogue and Negotiated Tendering (if any), which includes the following contents: Part 1. Bidding procedures: - Chapter I. Instructions to bidders; - Chapter II. Bidding data sheet; - Chapter III. Evaluation criteria for Electronic Pre-qualification application; - Chapter IV. Bidding and bid forms. Part 2. Technical requirements: - Chapter V. Technical requirements. Part 3A. Contract conditions[1]: - Chapter VI. General conditions of contract; - Chapter VII. Specific conditions of contract; Part 3B. Framework agreement[2] (Applicable in the case of centralized procurement using a framework agreement) - Chapter VI. General conditions of the framework agreement; - Chapter VII. Specific conditions of the framework agreement; - Chapter VIII. Framework agreement; Part 4. Contract forms. 6.2. The project owner will not be responsible for the accuracy or completeness of the Electronic Bidding Document, clarification documents, or amendments to the Electronic Bidding Document in accordance with Section 7 of Electronic Competitive Dialogue and Negotiated Tendering if these documents are not provided by the project owner through the System. The Electronic Bidding Document issued by the project owner through the System will serve as the basis for review and evaluation. 6.3. Bidders must review all information of Electronic Invitation To Bid, Electronic Bidding Document, and any amendments, clarifications, or minutes of the pre-bid meeting (if any) to prepare Electronic Pre-qualification application in accordance with the Electronic Bidding Document requirements.
7. Amendments and Clarifications to Electronic Bidding Document	7.1. In case of amendments to the Electronic Bidding Document, the procuring entity shall upload the amendment decision along with the modified content and amended Electronic Bidding Document (in webform and attached files). Amendments to the Electronic Bidding Document must be made at least 10 days before the bid closing date; for packages with a package value of no more than VND 10 billion, amendments to the Electronic Bidding Document must be made at least 03 working days before the bid closing date to ensure sufficient time for bidders to complete the Electronic Pre-qualification application. If sufficient time is not ensured as mentioned above, the bid closing date must be extended. 7.2. In case clarification of the Electronic Bidding Document is required, the bidder must send a clarification request to the procuring entity via the System at least 03 working days before the bid closing date for the procuring entity to consider and address. The procuring entity will receive the clarification request, review, and clarify the issue as requested by the bidder and provide clarification through the System no later than 02 working days before the bid closing date. The clarification will describe the content but not disclose the bidder requesting it. If the clarification leads to the need for amendments to the Electronic Bidding Document, the project owner will amend the Electronic Bidding Document in accordance with Section 7.1 of Electronic Competitive Dialogue and Negotiated Tendering. 7.3. The procuring entity is responsible for monitoring the System for information to timely clarify the Electronic Bidding Document upon the bidder's request. 7.4. Bidders are responsible for monitoring the System to update information regarding amendments to the Electronic Bidding Document, changes in the bid closing date (if any), and other updates as a basis for preparing the Electronic Pre-qualification application. If mistakes occur due to failure to monitor or update information on the System, leading to disadvantages for the bidder during the bidding process, such as changes to the Electronic Bidding Document, the bid closing date, or other details, the bidder shall bear the responsibility and the disadvantage in the bidding process. 7.5. If necessary, the procuring entity shall organize a pre-bid meeting to discuss unclear points in the Electronic Bidding Document with the bidders in accordance with Electronic Bidding Document List. The procuring entity will publish the notice of the pre-bid meeting on the System; all interested bidders are allowed to attend the pre-bid meeting without prior notification to the procuring entity. The discussions between the project owner and the bidders must be recorded and compiled into clarification documents, which will be published on the System within a maximum of 02 working days from the end of the pre-bid meeting. 7.6. If the Electronic Bidding Document needs to be amended after the pre-bid meeting, the project owner shall amend the Electronic Bidding Document in accordance with Section 7.1 of Electronic Competitive Dialogue and Negotiated Tendering. The minutes of the pre-bid meeting are not considered an amendment to the Electronic Bidding Document. 7.7. Failure to attend the pre-bid meeting or lack of confirmation of attendance at the pre-bid meeting is not grounds for rejection of the bidder's Electronic Pre-qualification application.
8. Bidding costs	The Electronic Bidding Document is issued free of charge on the System immediately after the procuring entity successfully uploads the Electronic Invitation To Bid to the System. Bidders are responsible for all costs associated with the bidding process. The cost of submitting the Electronic Pre-qualification application is as specified in Electronic Bidding Document List. In all cases, the project owner will not be responsible for any costs related to the bidder's participation in the bidding process.
9. Language of Electronic Pre-qualification application	The Electronic Pre-qualification application and all related documents must be written in Vietnamese. Supporting documents in the Electronic Pre-qualification application (catalogs, etc.) may be written in another language, along with a Vietnamese translation. If a translation is missing, the procuring entity may request the bidder to submit a translation (if necessary).
10. Components of Electronic Pre-qualification application	The Electronic Pre-qualification application must include the following components: 10.1. The bid form extracted by the System as prescribed in Section 11 of Electronic Competitive Dialogue and Negotiated Tendering; 10.2. The joint venture agreement extracted by the System as per Form 03, Chapter IV (for joint venture bidders); 10.3. Bid security as prescribed in Section 18 of Electronic Competitive Dialogue and Negotiated Tendering; 10.4. Statement of capacity and experience of the bidder as per Section 16 of Electronic Competitive Dialogue and Negotiated Tendering; 10.5. Technical proposal and documents as prescribed in Section 15 of Electronic Competitive Dialogue and Negotiated Tendering; 10.6. Financial proposal and fully filled-out forms as prescribed in Sections 11 and 13 of Electronic Competitive Dialogue and Negotiated Tendering; 10.7. Alternative technical proposal in the Electronic Pre-qualification application as per Section 12 of Electronic Competitive Dialogue and Negotiated Tendering (if any); 10.8. Other contents as prescribed in Electronic Bidding Document List.
11. Bid form and schedules	The bidder must fully fill out the forms in Chapter IV. The bidder must check the information in the bid form and schedules extracted by the System to complete the Electronic Pre-qualification application.
12. Alternative technical proposals in Electronic Pre-qualification application	12.1. If the Electronic Bidding Document stipulates in Electronic Bidding Document List that the bidder may propose an alternative technical solution, only then will the alternative technical solution be considered. 12.2. An alternative technical solution will only be considered when the primary solution is evaluated as meeting the requirements and the bidder is ranked first. In this case, the bidder must provide all necessary information for the procuring entity to evaluate the alternative technical solution, including explanations, drawings, specifications, supply schedule, costs, and other related information. The evaluation of alternative technical solutions in the Electronic Pre-qualification application shall be carried out as prescribed in Section 5, Chapter III.
13. Bid prices and discounts	For goods procurement packages that are not centralized purchases, where bidder selection is based on supply capacity, the System extracts the following: 13.1. The bid price indicated in the bid form and in the price schedules, along with discounts, must comply with the provisions of this Section: a) The bid price is the price offered by the bidder in the bid form, which includes all costs to execute the package (before discounts). The System automatically extracts the bid price from Form 11.1, Form 11.2, Chapter IV, into the bid form. b) All parts (for packages divided into parts) and items must be priced separately in the bid price schedules; c) For non-divisible packages, if the bidder proposes a discount, the percentage discount must be indicated in the bid form. This discount is understood to apply proportionally across all items in the bid price schedules. For fixed-price or adjustable-price contracts, the discount is calculated on the bid price, excluding contingencies. d) The bidder must submit an Electronic Pre-qualification application for all work required in the Electronic Bidding Document and enter bid prices for all work items listed in the columns “Goods Description” and “Service Description” as per Form 12.1 (12.1A or 12.1B or 12.1C) or 12.2 (12.2A or 12.2B or 12.2C), Form 13 (13A or 13B), Chapter IV. 13.2. If the package is divided into independent parts and allows for bidding on individual parts, the bidder may bid on one or more parts of the package. The bidder must submit a complete bid for the part(s) they participate in. If the bidder proposes a discount, they may do so in one of the following two ways: a) First option: state the percentage discount in the bid form (in this case, the discount is considered to apply proportionally across all parts the bidder participates in). b) Second option: state the percentage discount for each part in the webform on the System. 13.3. The bidder is responsible for the bid price to carry out and complete the work as required in the Electronic Bidding Document. If the bidder offers an abnormally low unit price that affects the quality of the package, the procuring entity shall request the bidder to clarify the feasibility of the abnormally low unit price as prescribed in Clause 11, Article 131 of Decree No. 24/2024/ND-CP. 13.4. The bidder's bid price must include all applicable taxes, fees, and charges at the rates applicable 28 days before the bid closing date. If the bidder declares that the bid price does not include applicable taxes, fees, and charges, their Electronic Pre-qualification application will be disqualified. 13.5. The bidder must offer the bid price as prescribed in Electronic Bidding Document List. For centralized procurement packages where bidder selection is based on supply capacity, the System extracts as follows: 13.1. The bid price recorded in the bid form and in the price schedules, along with discounts, must comply with the provisions of this Section: a) The bid price is the price offered by the bidder in the bid form, which includes all costs for performing the work offered based on the bidder's supply capacity (before discounts). The System automatically extracts the bid price from Form 11.1 or Form 11.2, Chapter IV, into the bid form. b) One or more parts (for packages divided into parts) and one or more items must be separately priced in the bid price schedules; c) For packages that are not divided into parts, if the bidder proposes a discount, the percentage discount must be recorded in the bid form. This discount is understood to apply proportionally across all items in the bid price schedules. For fixed-price or adjustable-price contracts, the discount is calculated on the bid price excluding contingencies. d) The bidder submits an Electronic Pre-qualification application for the work that they are capable of supplying, as listed in the Electronic Bidding Document, and records the unit prices for this work in the columns “Goods Description,” “Service Description” as per Form 12.1 (12.1A, 12.1B, or 12.1C) or Form 12.2 (12.2A, 12.2B, or 12.2C), Form 13 (13A or 13B), Chapter IV. 13.2. If the package is divided into independent parts and allows for bidding on individual parts, the bidder may bid on one or more parts of the package. In each part, the bidder may offer the required quantities or items as per the Electronic Bidding Document for that part or offer based on the quantities or items the bidder is able to supply (even if it is less than the required quantity). If the bidder proposes a discount, they may do so in one of the following two ways: a) First method: record the percentage discount in the bid form (in this case, it is considered that the bidder applies the discount proportionally to all parts they participate in). b) Second method: record the percentage discount for each part in the webform on the System. 13.3. The bidder is responsible for the bid price to carry out and complete the work according to the quantities of work they have offered. If the bidder offers abnormally low unit prices that affect the quality of the package, the procuring entity shall request the bidder to clarify the feasibility of the abnormally low unit prices as per Clause 11, Article 131 of Decree No. 24/2024/ND-CP. 13.4. The bidder's bid price must include all applicable taxes, fees, and charges (if any) at the rates applicable 28 days before the bid closing date. If the bidder declares that the bid price does not include taxes, fees, and charges (if any), their Electronic Pre-qualification application will be disqualified. 13.5. The bidder must offer the bid price as prescribed in Electronic Bidding Document List.
14. Bid currency and payment currency	The bid currency and payment currency is VND.
15. Documents proving the conformity of goods and related services	15.1. To prove the conformity of goods and related services with the requirements of the Electronic Bidding Document, the bidder must provide documents proving that the goods they supply meet the technical requirements specified in Chapter V. These documents form part of the Electronic Pre-qualification application. 15.2. The term "goods" is understood to include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumables; medicines, chemicals, testing supplies, medical equipment; commercial software.. 15.3. The term "origin" is understood to be the country or territory where goods are mined, bred, grown, produced, manufactured, or processed in that country or territory, through a process of manufacturing, processing, or assembling to create a product recognized in commerce with significant differences in its basic characteristics compared to the original components. 15.4. The term "related services" includes services such as insurance[3], installation, maintenance, initial repair, or the provision of other after-sales services such as training, technology transfer…. 15.5. The bidder must declare the origin of the goods in Form 10B Chapter IV. If the bidder offers multiple origins for one unit of goods (one piece, one item…) but from the same manufacturer and at the same unit price, the procuring entity shall request the bidder to clarify and specify the origin of the goods. 15.6. The requirements regarding the origin of goods are specified in Form 01A, 01B, 01C, Chapter IV. If the project owner requires the origin to be from a group of countries or territories as stipulated in Clause 2, Article 44 of the Law on Procurement, the bidder must offer goods that meet the origin requirements or originate from Vietnam, even if Vietnam is not included in the group of countries or territories requested by the project owner. If the bidder offers goods that do not meet the origin requirements or are not of Vietnamese origin, they will be disqualified. If the project owner requires the bidder to offer goods of Vietnamese origin as per Point e, Clause 3, Article 10 of the Law on Procurement, and the bidder offers non-Vietnamese goods, they will be disqualified. 15.7. The documents proving the conformity of goods and related services may include files, documents, drawings, and data that detail each item's technical characteristics, basic functional uses of goods and related services, thereby proving the basic compliance of the goods and services with the requirements of the Electronic Bidding Document, and a list of deviations and exceptions (if any) as per Chapter V. 15.8. The bidder must provide a complete list of materials, prices, suppliers of spare parts, specialized tools, consumables... (hereinafter referred to as spare parts) necessary to ensure the proper and continuous operation of the goods for the period specified in Electronic Bidding Document List. 15.9. The standards for manufacturing, production processes of materials and equipment, and references to brand names or catalog numbers specified by the project owner in Chapter V are for descriptive purposes only and are not intended to limit the bidder. The bidder may propose other quality standards, brand names, and catalogs, provided that the bidder proves to the procuring entity that these alternatives still ensure basic equivalence or exceed the requirements specified in Chapter V.
16. Documents proving the bidder's capacity and experience	16.1. The bidder must provide the necessary information in the Forms in Chapter IV to supply information about their capacity and experience as required in Chapter III. If invited to cross-check documents, the bidder must prepare the documents to cross-check with the information provided by the bidder in the Electronic Pre-qualification application and for the Investor's records. 16.2. The requirement for documentation to prove the bidder's ability to perform the contract if awarded shall be performed according to Electronic Bidding Document List. 16.3. In the case where the bidding package has applied pre-qualification, if there is a change in the bidder's capacity and experience when submitting the Electronic Pre-qualification application and when participating in the pre-qualification, they must update their capacity and experience.
17. Validity period of the Electronic Pre-qualification application	17.1. The Electronic Pre-qualification application is valid for no less than the duration stipulated in Electronic Bidding Document List. 17.2. If necessary, before the expiration of the Electronic Pre-qualification application's validity period, the contracting entity may request bidders to extend the validity of the Electronic Pre-qualification application, while also requiring the bidder to correspondingly extend the validity period of the bid security (by the extended duration of the Electronic Pre-qualification application plus an additional 30 days). If the bidder does not agree to extend the validity of the Electronic Pre-qualification application, the bidder's Electronic Pre-qualification application will no longer be considered, in which case the bidder is not required to submit the original letter of guarantee to the contracting entity. The bidder's acceptance of the request to extend the Electronic Pre-qualification application does not allow any changes to be made to the content of the Electronic Pre-qualification application, except for the extension of the bid security's validity. The request for extension and approval or disapproval of the extension is conducted in the System.
18. Bid security	18.1. When participating in bidding online, the bidder must implement the bid security measures before the bid closing time in one or more forms of a guarantee letter issued by the legal representative of a domestic credit institution or a branch of a foreign bank established under Vietnamese law or a guarantee insurance certificate from a non-life insurance company in Vietnam, or a branch of a non-life insurance company established under Vietnamese law. In cases where the bid security amount is less than 20 million VND, it shall be implemented according to the provisions in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering. For paper-based bid guarantees or insurance guarantee certificates, the bidder must scan (scan) the guarantee letter from the bank or the insurance guarantee certificate and attach it when submitting the Electronic Pre-qualification application. For electronic bid guarantees, the bidder selects the electronic bid guarantee issued and stored in the System. If the Electronic Pre-qualification application is extended according to the provisions in Section 17.2 Electronic Competitive Dialogue and Negotiated Tendering, the validity of the bid security must also be extended accordingly. For joint venture bidders, the joint venture members must use the same form of bid security: electronic bid guarantee or paper-based. In the case of a joint venture, bid security measures must be implemented in one of the following two ways: a) Each member of the joint venture will separately provide bid security, but the total value of the guarantees must not be lower than the requirements stipulated in Section 18.2 Electronic Competitive Dialogue and Negotiated Tendering; if the bid security of one member of the joint venture is determined to be invalid, the Electronic Pre-qualification application of that joint venture will not be considered or evaluated further. If any member of the joint venture violates legal regulations that lead to the bid security value not being refunded according to the provisions in point b of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, the bid security value of all members in the joint venture will not be refunded; b) The members of the joint venture agree that one member will be responsible for implementing bid security measures for that member and for other members in the joint venture. In this case, the bid security may include the name of the joint venture or the name of the member responsible for implementing bid security for the members in the joint venture, but the total value must not be lower than the requirements stipulated in Section 18.2 Electronic Competitive Dialogue and Negotiated Tendering. If any member of the joint venture violates legal regulations leading to the bid security value not being refunded according to the provisions in point b of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, the bid security value of all members in the joint venture will not be refunded. 18.2. The value, currency, and duration of the bid security are specifically stipulated in Electronic Bidding Document List, in the case of procurement packages for goods that are centrally procured based on the bidder's ability to supply, ensuring that the bid security corresponds to the bid price mentioned in the bid after any discounts (if any) at the bid security rate stipulated in Electronic Bidding Document List. The duration of the bid security is calculated from the bid closing date to the last day of validity of the bid security (the end of the validity of the bid security falls within the last day of the validity of the bid security without needing to extend to the end of 24 hours of that day). 18.3. Bid security is considered invalid in any of the following cases: having a value lower than, or a duration of validity shorter than, the requirements stipulated in Section 18.2 Electronic Competitive Dialogue and Negotiated Tendering, incorrect beneficiary name, lacking a valid signature (electronic signature for electronic bid guarantees), signed before the Investor issued the Electronic Bidding Document, accompanied by conditions that disadvantage the Investor, the contracting entity (including failure to meet all commitments according to the provisions of Form 04A, Form 04B in Chapter IV). In the case of using a guarantee letter or insurance guarantee certificate, the guarantee letter or insurance guarantee certificate must be signed and sealed (if applicable) by the legal representative of a domestic credit institution or a branch of a foreign bank established under Vietnamese law, or a domestic non-life insurance company or a branch of a foreign non-life insurance company established under Vietnamese law. 18.4. The bidder not selected will be refunded or released from the bid security according to the specified duration Electronic Bidding Document List. For the selected bidder, the bid security is refunded or released when the contract comes into effect. 18.5. Cases requiring the submission of the original bid guarantee letter and insurance guarantee certificate (for cases using paper-based bid guarantees) to the contracting entity: a) The bidder is invited to cross-check documents; b) The bidder violates bidding regulations leading to the non-refund of the bid security in the following cases: - After the bid closing time and during the validity of the Electronic Pre-qualification application, the bidder submits a document to withdraw the Electronic Pre-qualification application or refuses to carry out one or more tasks proposed in the Electronic Pre-qualification application according to the requirements of the Electronic Bidding Document; - The bidder has actions violating the provisions of Article 16 of the Bidding Law or violates bidding laws leading to the cancellation of the bidding according to the provisions of points d and dd of Clause 1 Article 17 of the Bidding Law; - The bidder fails to implement measures to guarantee the performance of the contract as stipulated in Article 68 of the Bidding Law; - The bidder does not proceed or refuses to cross-check documents within 05 working days from the date of receiving the document invitation for cross-checking or has cross-checked the documents but refuses or fails to sign the document of cross-checking, except in cases of force majeure; - The bidder does not proceed or refuses to complete the contract or framework agreement within 10 days from the date of receiving the bidding notification from the contracting entity, except in cases of force majeure; - The bidder does not proceed or refuses to sign the contract or framework agreement within 10 days from the date of completing the contract or framework agreement, except in cases of force majeure. 18.6. Within 05 working days from the date of receiving a request from the contracting entity, if the bidder refuses or does not submit the original letter of guarantee for bidding, insurance guarantee certificate (in cases using paper-based bid guarantees) as required by the contracting entity, the bidder will be penalized according to the bidder's commitment in the bid. 18.7. In the case where the bidding package is divided into several independent parts, the bidder may choose to submit bid security in one of the following two ways: a) A common bid security for all parts in which they participate (the bid security value will equal the total value of the parts the bidder participates in). If the bid security value submitted by the bidder is less than the total combined value, the contracting entity has the right to decide which part of the bidding package the bid security will be used for; b) Individual bid security for each part in which the bidder participates. In cases where the bidder violates leading to the non-refund of bid security as stipulated in point b of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, the non-refund of the bid security value is calculated based on the part for which the bidder violated. 18.8. For bidding packages with bid security values as stipulated in Section 18.2 Electronic Competitive Dialogue and Negotiated Tendering of less than 20 million VND, at the time of bid closing, the bidder is not required to attach a guarantee letter or insurance guarantee certificate as stipulated in Section 18.1 Electronic Competitive Dialogue and Negotiated Tendering but must commit in the bid (no separate written commitment is required) that if invited to cross-check documents or violating the provisions in point b of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, they must submit a cash amount or guarantee check (if the check's validity period meets the requirements of the investor) or bid security or insurance guarantee certificate with the value stipulated in Section 18.2 Electronic Competitive Dialogue and Negotiated Tendering. In cases where the bidder does not comply with the above commitment, the bidder will be penalized according to the bidder's commitment in the bid (named in the System and account locked for 06 months, from the date the Bidding Management Department, Ministry of Planning and Investment receives a request from the Investor). If the bidder violates the provisions in point b of Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering, the bidder will not be refunded this bid security amount.
19. Bid closing time	19.1. The bid closing time is the time specified in Electronic Invitation To Bid. 19.2. The investor may extend the bid closing time by amending Electronic Invitation To Bid. When extending the bid closing time, all responsibilities of the Investor and the bidder according to the previous bid closing time will change according to the newly extended bid closing time.
20. Submission, withdrawal, and modification of Electronic Pre-qualification application	20.1. Submitting Electronic Pre-qualification application: The bidder only submits one set of Electronic Pre-qualification application for one Electronic Invitation To Bid when participating in online bidding. In the case of a joint venture, the leading member of the joint venture (as agreed in the joint venture) submits the Electronic Pre-qualification application after obtaining approval from all members in the joint venture. 20.2. Modifying and resubmitting Electronic Pre-qualification application: In cases where it is necessary to modify the submitted Electronic Pre-qualification application, the bidder must withdraw the entire previously submitted Electronic Pre-qualification application for appropriate modifications. After completing the Electronic Pre-qualification application, the bidder proceeds to resubmit the new Electronic Pre-qualification application. In cases where the bidder has submitted the Electronic Pre-qualification application before the Investor makes modifications to Electronic Bidding Document (if any), the bidder must resubmit a new Electronic Pre-qualification application that corresponds to the modified Electronic Bidding Document. 20.3. Withdrawing Electronic Pre-qualification application: the bidder is allowed to withdraw Electronic Pre-qualification application before the bid closing time. The system notifies the bidder of the status of the Electronic Pre-qualification application withdrawal (successful or unsuccessful). The system records the information about the bidder's Electronic Pre-qualification application withdrawal time. 20.4. The bidder can only withdraw, modify, or resubmit Electronic Pre-qualification application before the bid closing time. After the bid closing time, all successfully submitted Electronic Pre-qualification applications on the System will be opened for evaluation.
21. Bid opening	21.1. The contracting entity must conduct the bid opening and publicly disclose the bid opening minutes on the System within no more than 02 hours from the bid closing time. In the case of 01 or 02 bidders submitting Electronic Pre-qualification application, the contracting entity reports to the Investor to consider and handle the situation according to the provisions in Clause 5 Article 131 of Decree number 24/2024/NĐ-CP; if there are no bidders submitting Electronic Pre-qualification application, the Investor considers extending the bid closing time or reorganizing the online bidder selection (cancel this Electronic Invitation To Bid and post a new Electronic Invitation To Bid) according to the provisions in Clause 4 Article 131 of Decree number 24/2024/NĐ-CP. 21.2. The bid opening minutes are publicly posted on the System, including the main contents as follows: a) Information about the bidding package: - Electronic Invitation To Bid number; - Name of the bidding package; - Name of the Investor; - Method of bidder selection; - Type of contract; - Time of bid opening completion; - Total number of participating bidders. b) Information about participating bidders: - Name of the bidder; - Bid price; - Percentage (%) discount rate (if any); - Bid price after discount (if any) (the system automatically calculates based on recalculating contingency costs after the discount); - Value and validity of bid security; - Validity period of Electronic Pre-qualification application; - Duration of contract execution; - Other relevant information (if any). c) In cases where the bidding package is divided into several independent parts, it must include information about the bid price for each part as specified in point b of this section.
22. Confidentiality	22.1. Information related to the evaluation of the Electronic Pre-qualification application and the proposal for awarding the contract must be kept confidential and must not be disclosed to bidders or any parties not officially involved in the bidder selection process until the results of the bidder selection are made public. Under no circumstances should the information in this bidder's Electronic Pre-qualification application be disclosed to another bidder, except for information publicly disclosed in the bid opening minutes. 22.2. Except for clarifying the Electronic Pre-qualification application (if necessary) and document verification, the bidder is not allowed to contact the Investor or the contracting entity regarding issues related to their Electronic Pre-qualification application and other matters related to the bidding package during the period from bid opening until the results of the bidder selection are made public.
23. Clarification of Electronic Pre-qualification application	23.1. After the bid opening, the bidder is responsible for clarifying the Electronic Pre-qualification application at the request of the contracting entity, including issues of eligibility, capacity, experience, tax declaration obligations, and documents regarding specific personnel proposed in the bidder's Electronic Pre-qualification application. For the eligibility content, the clarification must ensure the principle of not changing the nature of the bidder participating in the bid. For the contents regarding the validity of the Electronic Pre-qualification application (except for eligibility content), the technical and financial proposals, the clarification must ensure the principle of not changing the fundamental content of the submitted Electronic Pre-qualification application, nor changing the bid price. 23.2. During the evaluation process, the clarification of the Electronic Pre-qualification application between the bidder and the contracting entity is carried out directly on the System. 23.3. Clarification of the Electronic Pre-qualification application can only be conducted between the contracting entity and the bidder whose Electronic Pre-qualification application needs clarification. For the clarification contents directly affecting the evaluation of eligibility, capacity, experience, and technical and financial requirements, if the bidder does not clarify within the clarification deadline or does clarify but does not meet the clarification requirements of the contracting entity, the contracting entity will evaluate the bidder's Electronic Pre-qualification application based on the Electronic Pre-qualification application submitted before the bid closing time. The contracting entity must allow the bidder a reasonable period to clarify the Electronic Pre-qualification application. 23.4. The bidder cannot clarify the Electronic Pre-qualification application after the bid closing time. 23.5. In the case of discrepancies in the content of the Electronic Pre-qualification application or unclear contents, the contracting entity requests the bidder to clarify based on compliance with the provisions in Section 23.1 Electronic Competitive Dialogue and Negotiated Tendering. 23.6. In cases of doubt regarding the authenticity of the documents provided by the bidder, the Investor and the contracting entity may verify with organizations or individuals related to the contents of the documents. 23.7. If the Electronic Bidding Document requires commitments, warranty agreements, maintenance, and upkeep contracts, and the Electronic Pre-qualification application does not attach these documents, the contracting entity requests the bidder to clarify the Electronic Pre-qualification application, supplement documents within a reasonable period, but not less than 03 working days, to serve as a basis for evaluating the Electronic Pre-qualification application.
24. Deviations, Conditions, and Omissions	24.1. “Deviation” refers to differences from the requirements stated in the Electronic Bidding Document; 24.2. “Condition” means setting limitations or expressing non-acceptance of the requirements stated in the Electronic Bidding Document; 24.3. “Omission” is when the bidder fails to provide part or all of the information or documents as required in the Electronic Bidding Document.
25. Determining the Compliance of Electronic Pre-qualification application	25.1. The contracting entity will determine the compliance of the Electronic Pre-qualification application based on the content of the Electronic Pre-qualification application as stipulated in Section 10 Electronic Competitive Dialogue and Negotiated Tendering. 25.2. A basic compliant Electronic Pre-qualification application is one that meets the requirements stated in the Electronic Bidding Document without any deviations, conditions, or omissions of essential content. Deviations, conditions, or omissions of essential content refer to points in the Electronic Pre-qualification application that: a) If accepted, would significantly affect the scope, quality, or usability of the related goods or services; b) If amended, would unfairly affect the competitive position of other bidders whose Electronic Pre-qualification applications meet the basic requirements of the Electronic Bidding Document. 25.3. The contracting entity must check the technical aspects of the Electronic Pre-qualification application according to the provisions in Section 15 and Section 16 Electronic Competitive Dialogue and Negotiated Tendering to confirm that all requirements stipulated in the Electronic Bidding Document have been met and that the Electronic Pre-qualification application does not contain any deviations, conditions, or omissions of essential content. 25.4. If the Electronic Pre-qualification application does not meet the basic requirements stated in the Electronic Bidding Document, that Electronic Pre-qualification application will be disqualified; no modifications to any deviations, conditions, or omissions of essential content in that Electronic Pre-qualification application are permitted to make it meet the basic requirements of the Electronic Bidding Document.
26. Minor Irregularities	26.1. Provided that the Electronic Pre-qualification application meets the basic requirements stated in the Electronic Bidding Document, the contracting entity and the expert group may accept irregularities that are not deviations, conditions, or omissions of essential content in the Electronic Pre-qualification application. 26.2. Provided that the Electronic Pre-qualification application meets the basic requirements stated in the Electronic Bidding Document, the contracting entity and the expert group may request the bidder to provide necessary information or documents within a reasonable period to rectify any inappropriate points or minor irregularities in the Electronic Pre-qualification application related to documentation requirements. Requests for information and documents to rectify these irregularities must not relate to any factors affecting the bid price. The Electronic Pre-qualification application of the bidder will be disqualified if it does not meet this requirement from the contracting entity. 26.3. Provided that the Electronic Pre-qualification application meets the basic requirements stated in the Electronic Bidding Document, the contracting entity and the expert group may adjust minor irregularities that can be quantified related to the bid price; the bid price will be adjusted to reflect the costs for the missing or non-compliant items; this adjustment is only for the purpose of comparing the Electronic Pre-qualification applications.
27. Subbidders	27.1. A subbidder is an organization or individual that signs a contract with the bidder to perform related services. 27.2. Requirements for subbidders are specified in Electronic Bidding Document List. 27.3. The use of subbidders will not change the bidder's responsibilities. The bidder is responsible for the volume, quality, schedule, and other obligations regarding the work performed by the subbidder. The capacity and experience of the subbidder will not be considered when evaluating the bidder's Electronic Pre-qualification application. The bidder itself must meet the capacity and experience criteria (excluding the subbidder's capacity and experience). 27.4. The bidder may sign contracts with subbidders listed in the Electronic Pre-qualification application or with subbidders approved by the investor to participate in providing related services. 27.5. Bidders who engage in bid transfer as stipulated in Clause 8 Article 16 of the Bidding Law will be penalized according to the provisions in point b, Clause 1, Article 125 of Decree number 24/2024/NĐ-CP. 27.6. The investor and the contracting entity must not approve the bidder's use of a subbidder that is involved in providing consulting services for the bidding package that the bidder has won, and these consulting tasks include: price appraisal; contract implementation supervision, inspection; preparing and appraising E-HSMST, Electronic Bidding Document; evaluating E-HSDST, Electronic Pre-qualification application; appraising the results of the pre-qualification, bidder selection results; project management consulting, contract management, and other consulting services that have tasks directly related to the bidding package.
28. Preferences in Bidder Selection	28.1. Preference principles: a) Bidders participating in the bidding who are eligible for more than one type of preference in evaluating capacity and experience or in financial assessment can only benefit from the most favorable preference corresponding to each content of capacity and experience assessment or financial assessment. b) In cases where all bidding bidders receive the same preference or all bidders are not eligible for any preferences, there is no need to calculate preferences for comparison and ranking. c) The bidder must prove that they, the goods, and services they offer are eligible for preference as stipulated in Clause 1, Article 10 of the Bidding Law. d) The bidder will receive preferences when providing goods that have a domestic production cost accounting for from 30% or more. 28.2. For information technology software products, the criteria for domestically produced software products to receive preferences are implemented according to the regulations of information technology law, without the requirement for domestic production cost ratios as specified in Section 28.3 Electronic Competitive Dialogue and Negotiated Tendering; 28.3. The calculation of preferences is carried out during the evaluation of the Electronic Pre-qualification application for comparison and ranking of Electronic Pre-qualification applications: Goods can only benefit from preferences when the bidder proves that the goods have a domestic production cost accounting for 30% or more of the goods price. Determining whether goods are produced in Vietnam can use either direct or indirect formulas as follows: Direct formula: D (%) = G/G x 100% Indirect formula: D (%) = (G - C)/G x 100% Where: G: The domestic production cost G: The bid price of the goods in the Electronic Pre-qualification application excluding tax; for a manufacturer bidder, G is the ex-works price (EXW) of the goods C: The value of foreign input costs, excluding taxes and fees related to imports D: The percentage of domestic production costs of the goods. D ≥ 30% means that the goods are eligible for preferences according to the provisions in Articles 5, 6, 7, 8, 9, and 10 of Decree number 24/2024/NĐ-CP. 28.4. The method of calculating preferences is carried out according to the provisions in Electronic Bidding Document List. 28.5. The bidder must declare information about the types of goods eligible for preferences according to Form 15A, 15B, and 15C in Chapter IV to serve as a basis for considering and evaluating preferences. If the bidder does not declare, their goods will be considered ineligible for preferences. 28.6. In cases where the goods offered by the bidders do not qualify for preferences, there will be no evaluation or determination of preference value.
29. Evaluation of Electronic Pre-qualification application	29.1. The contracting entity applies the evaluation method as specified in Electronic Bidding Document List to evaluate the Electronic Pre-qualification application. 29.2. Based on the Electronic Pre-qualification application submitted by the bidders on the System and the evaluation method for Electronic Pre-qualification application specified in Section 29.1 Electronic Competitive Dialogue and Negotiated Tendering, the contracting entity selects one of the two evaluation processes for Electronic Pre-qualification application stipulated in Section 29.3 or Section 29.4 of this document to appropriately evaluate the Electronic Pre-qualification application. 29.3. Process 1 (applied to the “evaluation price” and “lowest price” methods): a) Step 1: Evaluate validity as stipulated in Section 1 Chapter III - The system automatically evaluates based on the bidder's commitments in the bid regarding the following contents: + The bidder's eligibility; + In the 3 years prior to the bidding deadline, the bidder has no personnel (having an employment contract with the bidder at the time the personnel committed violations) who have been convicted by the court of serious violations of bidding regulations as defined by criminal law aimed at ensuring that the bidder wins the bid. If the evaluation team finds that the bidder's commitments are not truthful, leading to a distortion of the bidder selection results, the bidder will be considered as engaging in bid fraud.. - The evaluation team assesses the validity of the bid security and the consortium agreement (in the case of a consortium). - If the bidder is deemed satisfactory in all aspects of validity, it will be moved to assess capacity and experience. b) Step 2: Evaluate capacity and experience as stipulated in Section 2 Chapter III - The system automatically evaluates the following aspects: history of contract non-fulfillment, fulfillment of tax declaration and payment obligations, financial performance, average annual revenue based on the information declared, extracted in the Electronic Pre-qualification application. For the contents automatically evaluated by the system, the bidder is not required to attach documents to prove them when submitting the Electronic Pre-qualification application.. - For the content regarding similar contracts and production capacity, the evaluation team relies on the information declared by the bidder on the webform and attached documents for evaluation. - For the content concerning key personnel, the evaluation team assesses based on the information declared by the bidder. - If the bidder is evaluated as satisfactory in terms of capacity and experience, it will be moved to technical evaluation. c) Step 3: Evaluate technical aspects as stipulated in Section 3 Chapter III. If the bidder is evaluated as satisfactory in technical aspects, it will be moved to financial evaluation. d) Step 4: Evaluate financial aspects as stipulated in Section 4 Chapter III and carry out according to the provisions in Electronic Bidding Document List; đ) Step 5: After evaluating the financial aspects, the contracting entity prepares a ranked list of bidders. The ranking of bidders is conducted according to the regulations in Electronic Bidding Document List. If there is one bidder passing the financial evaluation, there is no need to rank the bidders. For centralized procurement applying bidder selection based on supply capacity, the ranked list of bidders is ordered from the lowest to the highest bid price after discounts (if any) calculated per unit of goods category that the bidder bids for. e) The bidder ranked first will be invited for document verification as specified in Section 30 Electronic Competitive Dialogue and Negotiated Tendering. If the bidder invited for document verification does not meet the requirements of the Electronic Bidding Document, the next ranked bidder will be invited for verification without the need to rank the bidders again. In centralized procurement applying bidder selection based on supply capacity, the bidders invited for document verification are the combination of ranked bidders from lowest to highest ensuring that the total quantity of goods bid by the bidders is not less than the quantity of goods stated in the Electronic Bidding Document. In the case of the bidder ranked first, the bidder may not change key personnel (personnel proposed in the Electronic Pre-qualification application or personnel who have been replaced once according to the provisions of Clause 2 Article 27 of Decree No. 24/2024/NĐ-CP), unless the evaluation period of the Electronic Pre-qualification application exceeds the expected time in the bidder selection plan or due to force majeure reasons that the proposed key personnel cannot participate in the contract execution. In that case, the bidder has the right to change to another personnel but must ensure that the personnel proposed for replacement have equivalent or higher qualifications, experience, and capacity than the proposed personnel, and the bidder is not allowed to change the bid price.. 29.4. Process 2 (only applicable to the “lowest price” method and bidders, Electronic Pre-qualification application with no advantages). a) Step 1: Rank bidders based on bid price; the bidder with the lowest bid price is ranked first. The contracting entity evaluates the Electronic Pre-qualification application of the bidder with the lowest bid price based on the bidding opening minutes on the System. In case multiple bidders have the same lowest bid price, all these bidders will be evaluated. b) Step 2: Evaluate validity as stipulated in point a Section 29.3 Electronic Competitive Dialogue and Negotiated Tendering. c) Step 3: Evaluate capacity and experience as stipulated in point b Section 29.3 Electronic Competitive Dialogue and Negotiated Tendering. d) Step 4: Evaluate technical aspects as stipulated in point c Section 29.3 Electronic Competitive Dialogue and Negotiated Tendering. đ) Step 5: The technically compliant bidder will be invited for document verification. If the Electronic Pre-qualification application of the bidder ranked first does not comply, the aforementioned evaluation steps will be carried out for the next ranked bidder. 29.5. Principles of Electronic Pre-qualification application evaluation: a) For the contents evaluated automatically by the system, including eligibility, the bidder must not have personnel convicted by the court for serious violations of bidding regulations, history of contract non-fulfillment due to bidder fault, fulfillment of tax declaration obligations, payment of taxes, financial performance, average annual revenue. If the bidder does not declare information or declares it incorrectly, incompletely, not meeting the requirements of the Electronic Bidding Document, the system will evaluate the bidder as “not meeting” this content. The evaluation team cannot change the evaluation result from “not meeting” to “meeting” once the system has evaluated it as “not meeting.” If the information the bidder commits, declares in the Electronic Pre-qualification application is not truthful, resulting in a distortion of the bidder's Electronic Pre-qualification application evaluation results, the bidder will be considered as engaging in fraud; b) In case of discrepancies between the bid security information declared by the bidder on the webform and the information in the scanned file of the bid security attached, the evaluation will be based on the information in the scanned file of the bid security (for cases applying a bid security guarantee letter or insurance guarantee certificate in paper form); c) In case of inconsistencies between the information about similar contracts declared on the webform and the file of documents proving that information, the contracting entity will require the bidder to clarify the Electronic Pre-qualification application. If the contracts declared by the bidder and attached in the Electronic Pre-qualification application do not meet the requirements of the Electronic Bidding Document, or if the bidder does not declare, or inadequately declare similar contracts on the webform, the contracting entity will require the bidder to clarify and supplement other contracts (updated from the bidder's capacity profile on the System) to meet the requirements of the Electronic Bidding Document within a reasonable period but not less than 03 working days. If the bidder does not have contracts that meet the requirements of the Electronic Bidding Document, the bidder will be disqualified; d) In case the key personnel proposed by the bidder in the Electronic Pre-qualification application do not meet the requirements or cannot prove their ability to mobilize personnel (including cases where personnel have been mobilized for other contracts with overlapping working periods with this contract), the contracting entity allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each personnel position within a reasonable period but not less than 03 working days. If the bidder does not have personnel meeting the requirements of the Electronic Bidding Document, the bidder will be disqualified. In any case, if the bidder declares untruthful personnel, the bidder cannot replace other personnel, equipment, the Electronic Pre-qualification application of the bidder will be disqualified, and the bidder will be considered to have committed fraud under the provisions of Clause 4 Article 16 of the Bidding Law and will be handled according to the regulations at point a Clause 1 Article 125 of Decree No. 24/2024/NĐ-CP. đ) For the origin of goods, in case of discrepancies between the information declared on the webform and the attached file, the contracting entity will require clarification of the Electronic Pre-qualification application; e) For contents other than those specified in points a, b, c, d, and đ of this clause, in case of discrepancies between the information declared on the webform and the attached file, the information on the webform will be the basis for consideration and evaluation; g) At the financial evaluation step, if the bidder does not declare information in the form about the advantages of domestically produced goods for the purpose of calculating the advantages, the bidder will not be granted any advantages; h) The bidder invited for document verification must prepare documents for verification, demonstrating the information declared by the bidder in the Electronic Pre-qualification application. For contents concerning validity, history of non-fulfillment of contracts due to the bidder's fault, fulfillment of tax declaration obligations, payment of taxes, average annual revenue, net asset value that has been automatically evaluated by the System as "meeting" based on the declared, extracted information in the Electronic Pre-qualification application which the evaluation team re-evaluates as "not meeting", then the evaluation team will adjust the evaluation result from "meeting" to "not meeting." In this case, the contracting entity invites the next ranked bidder for document verification without having to re-rank the bidder. Regarding information on fulfilling tax declaration obligations, payment of taxes, average annual revenue, net asset value from 2021 onwards, the contracting entity will only verify if the bidder updates the information; otherwise, the information will not be verified when the information is automatically extracted by the System from the national business registration information system and electronic tax system.
30. Document Verification	30.1. The invited bidder for document verification must submit a set of documents to prove validity, capacity, and experience to the contracting entity to verify against the information declared by the bidder in the Electronic Pre-qualification application, including: a) Original bid security (for cases using a guarantee letter or insurance guarantee certificate in paper form) or cash or a certified check according to the provisions of Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering; b) For bidders who self-update tax data on the System from 2021 onwards (not extracted by the System), documentation proving compliance with tax declaration obligations and tax payment for the most recent year that aligns with the bidder's tax data on the electronic tax system. If the bidder's data is extracted by the System from the electronic tax system, no documents are required to be presented; c) For bidders who self-update financial data on the System from 2021 onwards (not extracted by the System), documentation proving financial status according to the provisions of Form No. 08 Chapter IV consistent with the financial data on the electronic tax system. If the bidder's data is extracted by the System from the electronic tax system, no documents are required to be presented; d) Documents proving similar contracts declared by the bidder, attached in the Electronic Pre-qualification application (contracts, acceptance records, liquidation, invoice information according to legal provisions...); documents proving production capacity (in cases where the bidder is a manufacturer); đ) Documents proving the ability to mobilize personnel, degrees, and certificates of the personnel declared by the bidder in the Electronic Pre-qualification application; e) Other documents (if any). For centralized procurement applying bidder selection based on supply capacity, the bidders invited for document verification are the combination of ranked bidders from lowest to highest ensuring that the total quantity of goods bid by the bidders is not less than the quantity of goods stated in the Electronic Bidding Document. 30.2. Bidders with appropriate verification documents will be considered for winning the bid. For tax data, revenue from 2021 onwards that the bidder self-updates not aligning with the data on the electronic tax system resulting in distortion of the bidder selection results will lead to the bidder being disqualified and considered to have committed fraud as stipulated in point b of Section 4.4 Electronic Competitive Dialogue and Negotiated Tendering.
31. Conditions for Winning the Bid	A bidder is considered for the winning bid when meeting all of the following conditions: 31.1. Have a valid Electronic Pre-qualification application according to the provisions of Section 1 Chapter III; 31.2. Have capacity and experience meeting the requirements according to the provisions of Section 2 Chapter III; 31.3. Have a technical proposal meeting the requirements according to the provisions of Section 3 Chapter III; 31.4. Meet the conditions stipulated in Electronic Bidding Document List; 31.5. Have a proposed bid price (including taxes, fees, and charges (if any)) that does not exceed the approved package price. In case the approved estimate of the bidding package is lower or higher than the approved package price, this estimate will replace the package price as the basis for consideration of winning the bid.
32. Cancellation of Bid	32.1. Cases for bid cancellation include: a) All Electronic Pre-qualification applications do not meet the requirements of the Electronic Bidding Document; b) Changes in the objectives and investment scope in the approved investment decision that alter the workload and evaluation criteria specified in the Electronic Bidding Document; c) The Electronic Bidding Document does not comply with the provisions of the Bidding Law or other related legal regulations leading to the selected bidder not meeting the requirements to execute the bidding package; d) The winning bidder engages in prohibited acts specified in Article 16 of the Bidding Law; đ) Other organizations or individuals, besides the winning bidder, engage in prohibited acts specified in Article 16 of the Bidding Law leading to distortion of the bidder selection results. 32.2. Organizations or individuals violating bidding regulations leading to bid cancellation according to points c, d, and đ of Section 32.1 Electronic Competitive Dialogue and Negotiated Tendering must compensate costs to the relevant parties and be handled according to legal regulations. 32.3. In cases of bid cancellation according to this Section, within 05 working days, the investor and the contracting entity must return or release the bid security for the bidder who has submitted the original bid security, except in cases where the bidder violates the provisions in points d and đ of Section 32.1 Electronic Competitive Dialogue and Negotiated Tendering.
33. Notification of Bidder Selection Results	33.1. The investor shall publish the notification of bidder selection results on the System, along with the Electronic Pre-qualification application evaluation report, within 05 working days from the date of approval of the bidder selection results. The content of the bidder selection results notification is as follows: a) Information about the bidding package: - Number Electronic Invitation To Bid; - Name of the bidding package; - Approved bid price or estimate (if any); - Name of the investor; - Method of bidder selection; - Type of contract; - Duration of contract execution; b) Information about the winning bidder: - Tax code; - Name of the bidder; - Bid price; - Bid price after discounts (if any); - Technical score (if any); - Evaluated price (if any); - Winning price; - Duration of contract execution. - Duration of contract implementation. c) For each type of goods and equipment in the bidding package, the investor must publish the following information: - Name of the goods; - Capacity; - Features, technical specifications; signature, model, labeling; - Origin; - Winning unit price. d) List of bidders not selected and a summary of the reasons for the non-selection of each bidder. 33.2. In case there is a request for explanation of the specific reasons why a bidder was not selected, the bidder shall submit a request on the System or meet directly with the investor. The investor is responsible for responding to the bidder's request within 02 working days from the date of receiving the bidder's request. 33.3. In case of bid cancellation according to point a of Section 32.1 Electronic Competitive Dialogue and Negotiated Tendering, the notification of bidder selection results and on the System must clearly state the reason for the bid cancellation.
34. Change of Goods and Services Volume	34.1. At the time of contract award, the investor has the right to increase or decrease the volume of goods and services mentioned in Chapter IV, provided that such change does not exceed the ratio specified in Electronic Bidding Document List and there are no changes to the unit price or any other terms and conditions of the Electronic Pre-qualification application and Electronic Bidding Document. The rate of increase or decrease in volume does not exceed 10%. 34.2. Additional Purchase Option: Before the contract expires, the investor and the bidder agree to purchase additional volumes of goods and services of the bidding package beyond the volume stated in Chapter IV, provided that it does not exceed the ratio specified in Electronic Bidding Document List and complies with the provisions of clause 8, Article 39 of the Bidding Law. The additional work must be similar to the work specified in the signed contract and must have unit prices. This additional volume of goods and services cannot be used to assess the bidder's capacity and experience. For consortium bidders, the division of responsibilities for performing the additional volume according to the purchase option will be based on the workload distribution ratio in the signed contract, unless otherwise agreed by the parties.
35. Notification of Electronic Pre-qualification application Approval and Contract Award	After the investor publishes the notification of bidder selection results, the contracting entity sends a notification of Electronic Pre-qualification application approval and contract award through the System, including requests for contract performance security measures, completion time, and signing of the contract as stipulated in Form No. 16, Part 4 for the winning bidder. The notification of Electronic Pre-qualification application approval and contract award is part of the contract documents. If the winning bidder does not complete, sign the contract, or does not submit the contract performance security by the deadline stated in the notification of Electronic Pre-qualification application approval and contract award, the bidder will be disqualified and will not be refunded the bid security amount as stipulated in point b, Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering. The deadlines stated in the notification of Electronic Pre-qualification application approval and contract award are calculated from the date the contracting entity sends this approval notification to the winning bidder via the System.
36. Conditions for Contract Signing	36.1. At the time of contract signing, the Electronic Pre-qualification application of the selected bidder must still be valid. 36.2. At the time of contract signing, the selected bidder must ensure they meet the requirements regarding technical and financial capacity to execute the bidding package according to the requirements of the Electronic Bidding Document. If, in reality, the bidder no longer meets the basic technical and financial capacity requirements as stipulated in the Electronic Bidding Document, the investor will refuse to sign the contract with the bidder. The investor will cancel the previous decision to approve the bidder selection results, the notification of Electronic Pre-qualification application approval and contract award, and invite the next-ranked bidder to verify the documents. 36.3. The investor must ensure the conditions for advance capital, payment capital, and other necessary conditions to implement the bidding package according to the schedule.
37. Guarantee of Contract Performance	37.1. Before signing the contract or before the contract takes effect, the winning bidder must implement measures to guarantee contract performance as stipulated in Section 5 Electronic General Terms and Conditions of the Contract, Chapter VI. In case a performance guarantee letter is applied, the form must use the form specified in Part 4 or another form approved by the investor. 37.2. The bidder shall not have the contract performance guarantee returned in the following cases: a) Refusal to perform the contract when the contract is in effect; b) Violation of the agreement in the contract; c) Delayed contract performance due to the bidder's fault but refuses to extend the validity of the contract performance guarantee.
38. Resolution of Complaints in Bidding	38.1. When the legitimate rights and interests are affected, bidders, agencies, and organizations may petition the competent authorities or the investor to review issues in the bidder selection process and the results of bidder selection in accordance with Articles 89, 90, and 91 of the Bidding Law. 38.2. In case of a petition to the Investor, bidders, agencies, and organizations shall submit the petition directly on the System. In the case of a petition to the competent authority, bidders shall send the petition to the address specified in Electronic Bidding Document List.
39. Monitoring the Bidder Selection Process	When detecting acts or contents that are inconsistent with the provisions of the Bidding Law, bidders have the responsibility to notify the organization or individual performing the monitoring duties as prescribed in Electronic Bidding Document List.

Chapter II. BIDDING DATA TABLE
Electronic Competitive Dialogue and Negotiated Tendering 1.1	Investor's Name: ___ [System automatically extracts].
Electronic Competitive Dialogue and Negotiated Tendering 1.2	Tender Name: ___ [System automatically extracts]. Project/Procurement Estimate Name: ___[System automatically extracts]. Quantity, codes of parts in the tender: According to the provisions in section Electronic Competitive Dialogue and Negotiated Tendering 18.2 of this chapter.
Electronic Competitive Dialogue and Negotiated Tendering 3	Source of funding: __[According to Electronic Invitation To Bid].
Electronic Competitive Dialogue and Negotiated Tendering 5.1 (c)	Ensuring competitiveness in bidding as follows: - Bidders participating in bidding must not have more than 30% shares or capital contribution with:___[full name and address of the Investor, the Inviting Party], except for: (i) The bidder is a member company, a subsidiary of a group, or a state-owned corporation whose main production and business activities match the nature of the bidding package of that group or state-owned corporation. (ii) The bidder is a parent company, subsidiary, or member company in an economic group, state-owned corporation whose products and services in the bidding package belong to the main production and business sector of that economic group or state-owned corporation and this bidding package belongs to a subsidiary or member company. - Bidders participating in bidding must not have shares or capital contribution with consulting bidders; must not jointly have shares or capital contribution over 20% from another organization or individual with each party, specifically as follows: + Design consulting unit :___[full name and address of the consulting unit (if any)]; + Valuation consulting:___[full name and address of the consulting unit (if any)]; + Contract implementation supervision and inspection consulting: ___[full name and address of the consulting unit (if any)]; + Electronic Bidding Document drafting consulting: ___[full name and address of the consulting unit (if any)]; + Electronic Bidding Document valuation consulting: ___[full name and address of the consulting unit (if any)]; + Evaluation consulting of bidder selection results: ___[full name and address of the consulting unit (if any)]; + Project management, contract management consulting, and other consulting services directly related to the bidding package:___[full name and address of the consulting unit (if any)]; Bidders participating in bidding must not be under the same agency or organization directly managing the consulting bidders (mentioned above)[4]. - Bidders participating in bidding must not be under the same agency or organization directly managing the Investor or the Inviting Party, except when the bidder is a public service unit under the state management agency with functions and duties appropriate to the nature of the bidding package of that state management agency.. - Public service units and enterprises with the same directly managing agency, contributing capital when participating in each other's bidding packages are not required to meet the regulations of legal independence and financial independence between the bidder and the investor, the inviting party. The percentage of shares or capital contributions among the parties is determined at the time of bid closing and according to the ratio stated in the business registration certificate, decision of establishment, or other equivalent documents. In case the bidder participates in bidding as a joint venture or the consulting bidder is selected as a joint venture, the capital ownership ratio of the organization or individual in the joint venture is determined by the following formula: Ownership ratio = i=1nX_i x Y_i Where: X_i: The ownership ratio of the organization or individual in the i-th joint venture member; Y_i: The percentage (%) of workload of the i-th joint venture member in the joint venture agreement; n: The number of members participating in the joint venture.
Electronic Competitive Dialogue and Negotiated Tendering 5.4	[Based on the bidder selection plan or the decision of the competent authority, the Investor states “Applicable” or “Not applicable”]. In case of application, the bidder must provide documents to prove that the purchase of goods from bidders with 50% or more of the workforce being persons with disabilities, veterans, or ethnic minorities with labor contracts lasting 3 months or more is still valid at the time of bid closing..
Electronic Competitive Dialogue and Negotiated Tendering 7.5	Pre-bid conference: _____ [state “yes” or “no”. If “yes”, specify the time, location of the pre-bid conference, and the contact number of the person responsible for organizing the pre-bid conference]
Electronic Competitive Dialogue and Negotiated Tendering 8	Cost of submitting Electronic Pre-qualification application:____ [System automatically extracts according to current regulations].
Electronic Competitive Dialogue and Negotiated Tendering 10.8	The bidder must submit the following documents along with the Electronic Pre-qualification application:___[list other necessary documents that the bidder needs to submit with the Electronic Pre-qualification application based on the scale and nature of the bidding package, without limiting the bidder's participation. If there are no requirements, it must be clearly stated as “not required”].
Electronic Competitive Dialogue and Negotiated Tendering 12.1	Bidder:____ [state “allowed” or “not allowed”] to submit an alternative technical proposal. [if alternative technical proposals are only allowed for specific parts of the bidding package, clearly state the parts that the bidder is allowed to propose alternative technical solutions].
Electronic Competitive Dialogue and Negotiated Tendering 13.5	Bid price: ___ (The investor specifies in one of the following two ways: - According to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV. - According to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV).
Electronic Competitive Dialogue and Negotiated Tendering 15.8	Expected shelf life of goods (to request for replacement materials, spare parts):___ [state the expected shelf life of goods in the initial period].
Electronic Competitive Dialogue and Negotiated Tendering 16.2	Requirements for documents to prove the bidder's capability to perform the contract: ___ [The investor states “Not required sales license, sales authorization from the manufacturer or distributor, partnership certificate, or technical support commitment, warranty from the manufacturer or distributor, or other equivalent documents” or “Required to have sales license, sales authorization from the manufacturer or distributor, partnership certificate, or technical support commitment, warranty from the manufacturer or distributor, or other equivalent documents” based on the nature of the goods as follows: For common, standard, readily available goods on the market, which are standardized and covered by the manufacturer's warranty, the bidder is not required to submit a sales license, sales authorization from the manufacturer or distributor, partnership certificate, or technical support commitment, warranty from the manufacturer or distributor, or other equivalent documents. For specific and complex goods that require affirmation from the manufacturer or supplier to ensure feasibility in providing the goods when the bidder wins the bid, and require the manufacturer's responsibility in providing after-sales services such as installation, maintenance, training, and other related services, the Electronic Bidding Document may require the bidding bidders to provide sales licenses, sales authorizations from the manufacturer or distributor, partnership certificates, or technical support commitments, warranties from the manufacturer or distributor, or other equivalent documents. In case there is a requirement for sales licenses, sales authorizations from the manufacturer or distributor, partnership certificates, or technical support commitments, warranties from the manufacturer or distributor, or other equivalent documents, the Investor stipulates the following content:“If the bidder does not self-produce or manufacture the goods offered in their Electronic Pre-qualification application, the bidder must submit sales licenses, sales authorizations from the manufacturer or distributor, partnership certificates, or technical support commitments, warranties from the manufacturer or distributor, or other equivalent documents to prove that the bidder is a valid authorized representative of the manufacturer, distributor to supply those goods in Vietnam. The bidder may or may not attach this document in the Electronic Pre-qualification application, even if the Electronic Bidding Document requires the bidder to have this document. The bidder's failure to attach the above documents is not a reason to disqualify the bidder. The bidder will still be considered and evaluated for bid approval. In case the bidder wins the bid, they must present the above documents before signing the contract and is responsible for the accuracy of the documents and information they provide.If the bidder cannot present the sales license, sales authorization from the manufacturer or distributor, partnership certificate, or technical support commitment, warranty from the manufacturer or distributor, or other equivalent documents to sign the contract, the next-ranked bidder will be invited to document verification.”].
Electronic Competitive Dialogue and Negotiated Tendering 17.1	The validity period of Electronic Pre-qualification application is: ≥ ____ days [extracted according to Electronic Invitation To Bid], from the date of the bid closing.
Electronic Competitive Dialogue and Negotiated Tendering 18.2	Content of the bid guarantee: - Value of the bid guarantee: [System extracted from Electronic Invitation To Bid]. - The ratio of the bid guarantee for the case the procurement package is centralized procurement based on the bidder's ability to supply: _____[ System extracted from Electronic Invitation To Bid based on the principle of the value of the bid guarantee that the bidder must implement at least equal to the % ratio of the bid price after discount (if any)]. For bidders listed in the list of bidders with behaviors specified in Clause 1, Article 18 of Decree No. 24/2024/ND-CP and posted on the National Bidding Network must implement bid guarantee measures with a value three times the required value mentioned above within two years from the last occurrence of these behaviors. In the case of joint venture bidders, joint venture members with behaviors specified in Clause 1, Article 18 of Decree No. 24/2024/ND-CP above must implement bid guarantee measures with a value three times the value of the bid guarantee corresponding to the ratio of the value of the work that member is responsible for in the joint venture within two years from the last occurrence of this behavior. - The validity period of the bid guarantee: [System extracted from Electronic Invitation To Bid] (If the bidding package is divided into multiple parts, the bid guarantee value of each part must be specified)
Electronic Competitive Dialogue and Negotiated Tendering 18.4	The time to return or release the bid guarantee for the bidder not selected: _____ days, from the date the bidder selection results are approved [specify the exact number of days but no more than 14 days from the date the bidder selection results are approved].
Electronic Competitive Dialogue and Negotiated Tendering 27.2	Maximum value for subbidders: ___ the bid price of the bidder [In cases where there is a related service requirement as stipulated in Form No. 01D Chapter IV, the procuring entity may allow the bidder to use subbidders. The declaration of the use of subbidders shall be made according to Form No. 09A Chapter IV. Depending on the scale and nature of the bidding package, the Investor shall record the % ratio].
Electronic Competitive Dialogue and Negotiated Tendering 28.4	Calculation of incentives:__ a) Incentives for goods originating from Vietnam with a domestic production cost ratio of less than 50% and no goods with a domestic production cost of 50% or more are defined as follows: [- Choose the lowest price method then extract: “The goods not eligible for incentives must add an amount equal to 7.5% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of the bidder for comparison and ranking”; - Choose the evaluation price method, then extract: “The goods not eligible for incentives must add an amount equal to 7.5% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking”]. In cases where the bidder offers goods originating from Vietnam with a domestic production cost ratio of less than 50% and the production facility has at least 50% of its labor as persons with disabilities, war veterans, or ethnic minorities with employment contracts lasting from 03 months or more and at the time of bid closing, the contract is still valid, they are entitled to an incentive coefficient of 10% instead of the 7.5% incentive coefficient. b) Incentives for goods originating from Vietnam with a domestic production cost ratio of 50% or more are determined as follows: [- Choose the lowest price method then extract: “the goods not eligible for incentives must add an amount equal to 10% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of the bidder for comparison and ranking; goods eligible for incentives with a domestic production cost ratio of less than 50% must add an amount equal to 2.5% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of the bidder for comparison and ranking; goods originating from Vietnam with a domestic production cost ratio of less than 50% and the production facility has at least 50% of its labor as persons with disabilities, war veterans, or ethnic minorities with employment contracts lasting from 03 months or more and at the time of bid closing, the contract is still valid shall not have to add money to the bidder's bid price for comparison and ranking”; - Choose the evaluation price method then extract: “the goods not eligible for incentives must add an amount equal to 10% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking; goods eligible for incentives with a domestic production cost ratio of less than 50% must add an amount equal to 2.5% of the bid price after error correction, adjusting discrepancies, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking; goods originating from Vietnam with a domestic production cost ratio of less than 50% and the production facility has at least 50% of its labor as persons with disabilities, war veterans, or ethnic minorities with employment contracts lasting from 03 months or more and at the time of bid closing, the contract is still valid shall not have to add money to the bidder's evaluation price for comparison and ranking;]. For goods that are not innovative products of Vietnamese origin, if a bidder offers goods of Vietnamese origin with a domestic production cost ratio of less than 50%, when calculating incentives, the coefficient of 15% is replaced by 7.5%; for goods of Vietnamese origin with a domestic production cost ratio of 50% or more, when calculating incentives, the coefficient of 15% is replaced by 10%. d) Innovative products are entitled to incentives as stipulated in this point when meeting one of the following conditions: - Products belonging to the list of high technology prioritized for development investment or the list of high technology products encouraged for development according to the decision of the Prime Minister; - Products formed from the scientific and technological results of scientific and technological enterprises as stipulated by the law on scientific and technological enterprises; - Products created based on inventions, designs of semiconductor integrated circuits, plant varieties of the bidder itself, which are granted protection certificates within a period of no more than 05 years from the date of issuance, or software programs of the bidder itself within a period of no more than 05 years from the date of issuance of the copyright registration certificate; - Semiconductor chip products; - Products awarded the Ho Chi Minh Prize, the state award for science and technology according to the provisions of the law on science and technology awards; - New products created from research and development results at one of the facilities of the National Innovation Center; - New products created from scientific research and technological development results according to the provisions of the law on technology transfer. Innovative products regulated in this clause are entitled to incentives within a period of 06 years from the first production and meeting the conditions for being marketed.
Electronic Competitive Dialogue and Negotiated Tendering 29.1	The method for evaluating Electronic Pre-qualification application is: - Assessment of capacity and experience: Pass/Fail. - Technical evaluation:____ [Based on the scale and nature of the bidding package, apply the method “Pass/Fail” or “Scoring”]. - Financial assessment:____ [Based on the scale and nature of the bidding package, apply the lowest price method or the evaluation price method as appropriate according to the evaluation standards stipulated in Chapter III]. For centralized procurement, selecting bidders based on supply capability, the system extracts: "lowest price method".
Electronic Competitive Dialogue and Negotiated Tendering 29.3(d)	Implementation method: ___ [The system automatically displays as follows: - If selecting "According to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV" Section 13.5 Electronic Bidding Document List* then display:* "The comparison and ranking of Electronic Pre-qualification application is determined based on the bid price including all taxes, fees, and charges (if any)" - If selecting "According to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV" Section 13.5 Electronic Bidding Document List then display: "The comparison and ranking of Electronic Pre-qualification application is determined based on the bid price excluding taxes, fees, and charges related to imports, special consumption tax (if any), VAT"].
Electronic Competitive Dialogue and Negotiated Tendering 29.3(d)	Bidder ranking: [The system extracts when selecting the evaluation method in Section 29.1 Electronic Bidding Document List as follows: - Selecting the lowest price method then extracting: ___ + If selecting "According to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV" Section 13.5 Electronic Bidding Document List* then display “the bidder with the bid price after deducting the discount value (if any), adding the incentive value (if any) is ranked first”; + If selecting* "According to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV" Section 13.5 Electronic Bidding Document List then display "the bidder with the bid price excluding taxes, fees, and charges related to imports, special consumption tax (if any), VAT, after deducting the discount value (if any), adding the incentive value (if any) is ranked first"; - Selecting the evaluation price method then extracting: the bidder with the lowest evaluation price is ranked first].
Electronic Competitive Dialogue and Negotiated Tendering 34.1	The maximum increase rate of quantity is:___[specify the percentage but not exceeding 10%]; The maximum decrease rate of quantity is:___[specify the percentage but not exceeding 10%].
Electronic Competitive Dialogue and Negotiated Tendering 34.2	- Additional purchase option: _____ [specify "applicable" or "not applicable" according to the approved bidder selection plan. If "applicable" then specify the ratio of the quantity purchased but not exceeding 30% of the quantity of goods and services mentioned in Chapter IV and in line with the bidder selection plan]; - The maximum additional purchase option ratio is:___[specify the percentage].
Electronic Competitive Dialogue and Negotiated Tendering 38.2	- Authorized person:_________ [write the full name of the authorized person] + Address:_________ [write the full address, phone number, fax number of the authorized person]; + E-mail:__________ [specify the email of the authorized person to receive the bidder's petition]. - The permanent department assisting the Chairman of the Council in resolving petitions: + Address:_________ [write the full name, address, phone number, fax number of the permanent department assisting the Chairman of the Council in resolving petitions]; + E-mail:__________ [specify the email of the permanent department assisting the Chairman of the Council in resolving petitions to receive the bidder's petition].
Electronic Competitive Dialogue and Negotiated Tendering 39	Address of the organization or individual performing the monitoring task:____[write the full name, address, phone number, fax number of the organization or individual assigned by the authorized person to monitor the bidder selection process of the package/project (if any)].

Chapter III. Electronic Pre-qualification application EVALUATION STANDARDS

Section 1. Evaluation of the validity of Electronic Pre-qualification application
The Electronic Pre-qualification application of the bidder is considered valid when it meets all of the following contents:
1. There is a bid security that does not violate any of the cases specified in Section 18.3 Electronic Competitive Dialogue and Negotiated Tendering. The guarantee letter must be signed by the legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law, or the insurance guarantee certificate must be signed by the legal representative of a domestic non-life insurance company or a foreign non-life insurance company branch established under Vietnamese law, with the guarantee value, validity period, and beneficiary as required by Electronic Bidding Document (for electronic bid security, it must be digitally signed). The guarantee letter or the insurance guarantee certificate must not be signed before the Investor issues Electronic Bidding Document; it must not be accompanied by conditions that disadvantage the Investor, the Bidder (including failure to meet all commitments according to the provisions of Form No. 04A, Form No. 04B Chapter IV). For paper-based bid security or insurance guarantee certification, in case of discrepancies between the information about the bid security declared by the bidder on the System and the information in the scanned file (scan) of the attached guarantee letter, the evaluation will be based on the information in the scanned file (scan) of the bid security letter. For joint venture bidders, the joint venture members must use the same form of bid security: electronic bid security or paper-based.
For bidding packages with a bid security value less than 20 million VND, the bidder must commit in the bid application according to the provisions of Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering.
2. In the case of joint venture bidders, the joint venture agreement must clearly state the specific tasks and estimated corresponding values that each member of the joint venture will perform according to Form No. 03 Chapter IV. The division of work in the joint venture must be based on the items mentioned in the bidding price table according to Form No. 12.1 (12.1A or 12.1B or 12.1C) or Form No. 12.2 (12.2A or 12.2B or 12.2C), Form No. 13 (13A or 13B) Chapter IV or according to the work involved in the production process of the items in the bidding price table, and must not divide work that does not belong to these items or does not belong to the production process of these items.
3. The bidder ensures eligibility according to the provisions of Section 5 Electronic Competitive Dialogue and Negotiated Tendering[5].
4. Within 3 years prior to the bid closing date, the bidder does not have personnel (signing labor contracts with the bidder at the time the personnel commits the violation) sentenced by the court for violations of the bidding regulations causing serious consequences according to criminal law aimed at ensuring that the bidder wins the bid.
Bidders with valid Electronic Pre-qualification application will be considered and evaluated in the next step.
Section 2. Evaluation criteria for capacity and experience[6]
2.1. Evaluation criteria for capacity and experience
The evaluation criteria for capacity and experience are implemented according to the provisions of Table No. 01 (for bidders who are not manufacturers of goods within the scope of the bidding package) or Table No. 02 (for bidders who are manufacturers of goods within the scope of the bidding package) and are digitized in webform format on the System.
Using pass/fail criteria to establish evaluation standards for bidder capacity and experience, specifying the minimum requirements for passing each content area regarding the bidder's capacity and experience, including: experience performing contracts for similar goods; manufacturing capacity of goods; financial capacity including net asset value, revenue, fulfillment of tax declaration obligations, tax payments, and other necessary indicators to assess the bidder's financial capacity; technical facilities, the qualification of personnel performing relevant services (if required);
Determining the specific requirements for each criterion specified in this Section is based on the requirements of each specific bidding package. A bidder is considered to meet the capacity and experience requirements if they meet all the contents specified in Table No. 01 (for bidders who are not manufacturers of goods within the scope of the bidding package) or Table No. 02 (for bidders who are manufacturers of goods within the scope of the bidding package).
The capacity and experience of subbidders will not be considered when evaluating the bidder's Electronic Pre-qualification application. The bidder itself must meet the evaluation criteria for capacity and experience.
Do not require bidders to have previously executed one or more contracts in a specific area or that the bidder must have experience supplying goods or services in a specific area as a criterion for disqualification of bidders.
In the case where the currency mentioned in similar contracts or the payment confirmation from the Investor for the contracts supplying goods already executed or tax declaration or related documents proving the bidder's capacity and experience is not VND, when preparing the Electronic Pre-qualification application, the bidder must convert it to VND as the basis for evaluating the Electronic Pre-qualification application. The conversion applies the exchange rate of ___ [specify based on the determined exchange rate, generally using the selling rate of a commercial bank operating in Vietnam] on the date of signing the similar contract.
In cases where the bidding bidder is a parent company (e.g., a corporation) mobilizing its subsidiaries, member companies to perform part of the work of the bidding package, the bidder must specifically declare the part of the work allocated to the subsidiaries, member companies according to Form No. 09B Chapter IV. The evaluation of experience in executing similar contracts is based on the value and workload handled by the parent company, subsidiaries, member companies in the bidding package.

Table No. 01 (Webform on the System)

CAPACITY AND EXPERIENCE EVALUATION STANDARDS
(For bidders who are not the producers⁽¹⁾ of goods within the scope of the bidding package)

Competency and Experience Criteria			Requirements to Comply With			Documents to be submitted
TT	Description	Requirement	Independent Bidder	Joint Venture Bidder
TT	Description	Requirement	Independent Bidder	Total Joint Venture Members	Each Joint Venture Member
1	History of Uncompleted Contracts Due to Bidder's Fault	From January 1, _____⁽²⁾until the bid closing date, the bidder has no contract for supplying goods, EPC, EP, PC, turnkey that were uncompleted due to the bidder's fault⁽³⁾.	Must satisfy this requirement	Not applicable	Must satisfy this requirement	Form No. 07

2	Fulfillment of Tax Declaration and Payment Obligations	Has fulfilled tax declaration and payment obligations⁽⁴⁾ for the most recent fiscal year compared to the bid closing date.	Must satisfy this requirement	Not applicable	Must satisfy this requirement	Commitment in the bid document
3	Financial Capacity
3.1	Financial Activity Results⁽⁵⁾	The bidder's net asset value in the most recent fiscal year compared to the bid closing date must be positive. (Net Asset Value = Total Assets - Total Liabilities)	Must satisfy this requirement	Not applicable	Must satisfy this requirement	Form No. 08
3.2	Average Annual Revenue (excluding VAT)	The average annual revenue (excluding VAT) of ___ ⁽⁶⁾ the most recent fiscal year compared to the bid closing date of the bidder must have a minimum value of ____⁽⁷⁾ VND. For the centralized procurement package applying bidder selection based on capacity to supply, the revenue is determined corresponding to the bid price according to coefficient “k”____.	Must satisfy this requirement	Must satisfy this requirement	Not applicable	Form No. 08
4	Experience in Performing Contracts for Similar Goods	The bidder has completedat least 01 similar contractas the main bidder (independent or joint venture member)or as a subbidder⁽⁸⁾ during the period from January 1, ____⁽⁹⁾ until the bid closing date. Where the similar contract is: - Of similar nature:____⁽¹⁰⁾; - With a minimum scale (value): ___ VND ⁽¹¹⁾.	Must satisfy this requirement	Must satisfy this requirement	Must satisfy the requirement (equivalent to the workload undertaken)	Form No. 05A
5	Ability to warranty, maintain, repair, services, supply spare parts or provide other after-sales services⁽¹²⁾	The bidder must demonstrate the ability to fulfill warranty, maintenance, repair, provide spare parts or provide after-sales services in one of the following ways: - The bidder commits to having the capability to fulfill warranty, maintenance, repair, provide spare parts or provide after-sales services as required by the Electronic Bidding Document. - The bidder signs a framework agreement with an entity capable of fulfilling warranty, maintenance, repair, provide spare parts or provide after-sales services as required by the Electronic Bidding Document.	Must satisfy this requirement	Must satisfy this requirement	Not applicable	Bidder's commitment or framework agreement

Note:
(1) A manufacturer is understood to be an enterprise/facility that produces goods or participates in the production process or a subsidiary or parent company responsible for distributing and consuming products from the parent company or other subsidiaries in the Group or Corporation.
(2) Specify the required time frame, typically from 03 to 05 years prior to the bid closing year. For example: from January 1, 2019 until the bid closing date.
(3) Contracts for supplying goods, EPC, EP, PC, turnkey not completed due to the bidder's fault include:
- Contracts for supplying goods, EPC, EP, PC, turnkey concluded by the Investor as incomplete and the bidder does not object;
- Contracts for supplying goods, EPC, EP, PC, turnkey concluded by the Investor as incomplete, not accepted by the bidder, but ruled unfavorably for the bidder by arbitration or court.
Contracts for supplying goods, EPC, EP, PC, turnkey that are incomplete do not include contracts whose decisions by the Investor have been overturned by dispute resolution mechanisms. The determination of incomplete contracts must be based on all information about disputes or lawsuits resolved according to the relevant contract dispute resolution mechanism, and when the bidder has exhausted all opportunities to appeal. Contracts delayed due to the bidder's fault but still completed are not considered incomplete contracts.
For joint venture bidders where only one or some members in the joint venture violate and are banned from participating in bidding as prescribed in Clause 1, Article 125 of Decree No. 24/2024/ND-CP, then the remaining joint venture members are not considered to have incomplete contracts due to the bidder's fault. In case one or more joint venture members violate the contract, are no longer capable of continuing to perform the contract, significantly affecting the schedule, quality, and efficiency of the bid package, then only one or some joint venture members who violate the contract are considered to have incomplete contracts, while the remaining members are not considered to have incomplete contracts due to the bidder's fault.
(4) The bidder provides documents proving they have fulfilled tax declaration and corporate income tax payment obligations (personal income tax for bidders as business households) for the most recent fiscal year compared to the bid closing date (for cases where the System has not updated information about tax payment obligations) to cross-check when invited to cross-check documents. Tax payment obligations refer to paying taxes corresponding to the tax value with the respective tax rate, taxable income, and revenue declared by the bidder in the electronic tax system (the tax paid corresponding to the tax owed); in cases of deferred tax payment, tax exemption, or tax reduction under state policy, this regulation applies. In cases where the System has not automatically extracted information about the bidder's tax obligations, the bidder must submit the following documents:
- Tax declaration (or payment notice from the tax authority for business households) and Payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration (or payment notice from the tax authority for business households) and confirmation from the tax authority regarding tax obligations.
In cases where the bid closing date is after the end date of the bidder's fiscal year (Year Y) and before or on the last day of the third month following the end date of Year Y, the requirement to fulfill tax declaration and payment obligations applies to the fiscal year prior to Year Y (Year Y-1).
(For example: If the bid closing date is March 20, 2024, and the bidder's fiscal year is January 1 – December 31, then the bidder must prove they have fulfilled tax declaration and payment obligations for the year 2022).
(5) For bidders that are business households, this criterion is not evaluated.
(6) Specify the required time frame, usually from 03 to 05 years prior to the bid closing year. In cases where the bidder has fewer years of establishment than the required number of years by the Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years the bidder has been established. In this case, if the average annual revenue (excluding VAT) of the bidder meets the value requirement of the Electronic Bidding Document, the bidder will still be evaluated without being disqualified.
For bidders that are business households, there is no requirement to submit financial statements, but the bidder must provide documents proving revenue corresponding to tax obligations.
In cases where the bid closing date is after the end date of the bidder's fiscal year (Year Y) and before or on the last day of the third month following the end date of Year Y, the requirement for submitting financial statements applies to the years preceding Year Y (Year Y-1, Y-2...).
Example 1: If the bid closing date is March 20, 2024, and the bidder's fiscal year is January 1 – December 31, and the Electronic Bidding Document requires the bidder to submit financial statements for the last 03 years, then the bidder must submit financial statements for the years 2020, 2021, and 2022.
Example 2: The average annual revenue (excluding VAT) of the last 3 fiscal years compared to the bid closing date. In this case, if the bid closing date is November 15, 2024, then the bidder must submit financial statements for the years 2021, 2022, and 2023. The bidder was established in 2022, but if the average revenue for the years 2022 and 2023 meets the requirement, the bidder will continue to be evaluated.
(7) The common calculation method for the average annual revenue requirement (excluding VAT):
a) In cases where the contract period is 12 months or longer, the revenue is calculated as follows:
Minimum requirement for average annual revenue (excluding VAT) = [(Contract Price – VAT value)/contract execution time in years] x k. Generally, the required coefficient “k” in this formula ranges from 1.5 to 2.
b) In cases where the contract period is less than 12 months, the revenue is calculated as follows:
Minimum requirement for average annual revenue (excluding VAT) = (Contract Price – VAT value) x k. Generally, the required coefficient “k” in this formula is 1.5.
For centralized procurement packages applying bidder selection based on capacity to supply, revenue is determined according to the above formula corresponding to the bid price (replace “contract price” with “bid price” in the formula). In this case, the investor needs to specify the coefficient “k”.
(8) For contracts where the bidder has participated as a joint venture member or subbidder, only the value of the work performed by the bidder is calculated.
(9) Specify the required time frame, typically from 03 to 05 years prior to the bid closing year. For example: from January 1, 2019 to the bid closing date.
(10) Similar in nature: goods of similar nature are those that meet 1 of the 2 criteria below: (i) Criterion 1: goods belong to the same field, type (the investor specifies the field, type, e.g., medical equipment, electrical equipment, office equipment...) or (ii) Criterion 2: goods have the same Chapter code, Group code (corresponding to the first 4 digits of the code set) in the Harmonized Commodity Description and Coding System (HS – Harmonized Commodity Description and Coding System) according to the Harmonized System issued by the World Customs Organization (WCO) (collectively referred to as HS code). The HS code is based on Circular No. 31/2022/TT-BTC dated June 8, 2022, of the Ministry of Finance (published by the General Department of Customs on the website: https://www.customs.gov.vn). Bidders supplying goods in the same field, type as required by the Electronic Bidding Document or with the same first 4 digits HS code are all considered to have similar nature to the goods in the bid package.
For example: if the goods in the bid package are laptops with HS code 84.71.30.20, then goods with HS code 84.71.xx.xx are considered to have similar nature. If the goods in the bid package have not been announced with HS codes, the bidder must declare contracts for supplying goods of the same field, type as required by the Electronic Bidding Document (Criterion 1).
- For medical equipment procurement packages, the HS code is determined according to Circular No. 14/2018/TT-BYT dated May 15, 2018, of the Ministry of Health, similar goods according to HS code (determined by criterion 2) are medical devices in the same group of goods (corresponding to the first 4 digits of the code) stipulated in Circular No. 14/2018/TT-BYT.
In the course of implementation, if Circular No. 31/2022/TT-BTC and Circular No. 14/2018/TT-BYT are amended, supplemented, or replaced, they will apply according to the amended legal documents that supplement or replace Circular No. 31/2022/TT-BTC and Circular No. 14/2018/TT-BYT).
- In cases where the investor or bidding party has difficulty in determining the HS code of the goods according to Criterion 2, Electronic Bidding Document can set similar regulations on the field and type (according to Criterion 1). In this case, if the bidder can determine the HS code of the goods according to the requirements of the bid package and the HS code of the goods in the item, the completed contract (accepted) in the same group (corresponding to the first 4 digits of the code), then this item and contract are considered similar for evaluation purposes (considered as the bidder meeting Criterion 2).
- In cases where the bid package has multiple items, only the HS code for the main items of the bid package is stipulated.
(11) The scale of similar contracts:
In cases where the bid package contains multiple items, the corresponding value of each item must be specified to evaluate the bidder's experience in performing similar contracts.
In cases where the bid package includes various types of goods, depending on the nature and scale of the bid package, the bidding party shall set requirements for similar scales based on the main types of goods in the bid package (must specify the main goods) or requirements for similar scales based on all types of goods in the bid package, specifying the required scale for each main item or each item. In the case of centralized procurement or procurement of goods with a large volume and quantity of bidding in the country and fewer than 03 bidders have previously performed similar contracts with a scale exceeding 70% of the scale of the bid package being considered, the requirement for the scale of similar contracts may be adjusted down to Y/1.4 and/or divide the bid package into parts (lots) to increase competitiveness for the bid package. In this case, Y is usually about 70% of the value of the bid package being considered; specifically for cases where the bid package has some items that have the same Chapter code and Group code, the determination of the scale of similar contracts is determined according to points (iii) and (iv) of this note..
For procurement packages of goods with volumes and quantities based on needs over the years and with contract execution time longer than 1 year, Electronic Bidding Document requires the value of similar contracts in 01 cycle (01 year) without determining requirements according to the total number of years.
For example: the bidding package for supplying material X for the investor's needs in the two years 2024-2025 (from January 1, 2024, to December 31, 2025), with a bid package price of 100 billion VND (calculated for needs in the two years). The required value of a similar contract is: 70% x 100/2 = 35 billion VND.
The evaluation of the scale of a similar contract is based on the completed value, which is accepted as follows:
(i) At least 01 completed contract providing all types of similar goods with a value of at least Y (or Y/1.4 if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes) or
(ii) There are similar goods items performed in different contracts (the contracts may be completed or in progress, not yet accepted or liquidated) but ensuring that the value of each completed similar goods item meets at least 70% of the value of each goods item in the bidding package under consideration (or 50% if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes).
Where:
+ The completed goods item is a part or the whole quantity of goods in the item that has been accepted within the stipulated time, regardless of the time of signing the contract. The time to confirm that the goods item has been completed to determine the similar goods item is the time of acceptance of the goods, not based on the time of signing the contract.
+ A completed contract is a contract where all goods have been accepted or a contract that has been liquidated. The time to confirm a completed contract to determine the similar contract is the time of acceptance of the goods, not based on the time of signing the contract.
- In cases where the bidder is both a manufacturer and a supplier (some goods or a part of the quantity of goods offered in Electronic Pre-qualification application are produced by the bidder, while other goods or parts of the quantity are purchased from other manufacturers or suppliers for the bidding package), in addition to declaring experience in implementing similar contracts, the bidder must also declare production capacity as specified in Section 4 of Table 02 of this chapter. The evaluation of the bidder's experience will be based on the contract for supplying similar goods (corresponding to the part of the goods that the bidder purchases from other manufacturers or suppliers) and the bidder's production capacity (corresponding to the part of the goods that the bidder produces to supply for the bidding package).
For centralized procurement packages, selecting bidders based on supply capability, similar contracts are determined corresponding to the volume and value of the goods that the bidder bids, ensuring that the value of each completed similar goods item meets at least 70% of the value of each goods item that the bidder offers (or 50% if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes).
In cases where some goods items in the bidding package have the same Chapter code and Group code (code A), the evaluation of the scale of the similar contract is based on the completed value, accepted as follows:
(iii) At least 01 completed contract providing all types of similar goods with a value of at least K (or K/1.4 if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes), where K equals 70% of the total value of items that do not have the same Chapter code, Group code (no code A) and the highest value of items that share the same code A (the item value according to the bid package price, approved estimate) or
(iv) There are similar goods items performed in different contracts (the contracts may be completed or in progress, not yet accepted, liquidated) but ensuring that the value of each similar goods item without code A performed meets at least 70% of the value of each goods item in the bidding package under consideration (or 50% if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes), for similar goods items with the same code A, it is only required that the value of the completed similar goods item meets at least 70% of the highest value of the goods item with code A in the bidding package under consideration (or 50% if it falls under the case of centralized procurement or procurement of goods with large quantities or volumes).
* Examples for notes (10), (11):
- Example 1: The bidding package under consideration is the package to supply 500,000 single-use syringes with HS code 9018.31.10 (According to the provisions of Circular No. 14/2018/TT-BYT) valued at 1,000,000,000 VND and 100 ceiling surgical lamps with HS code 9405.10.20 (According to the provisions of Circular No. 14/2018/TT-BYT) valued at 2,000,000,000 VND. Bidder X has contract A (not yet completed, not liquidated) supplying 2 ventilators with HS code 9018.90.30, of which 1 has been delivered (accepted) with a value of 900,000,000 VND (> 70% of the value of the syringe item) and has contract B (not yet completed, not liquidated) supplying 200 surgical lights with HS code 9405.40.91, of which 80 have been delivered (accepted) with a value of 1,450,000,000 VND (> 70% of the value of the ceiling surgical lamp item) so bidder X is assessed as meeting the requirements for similar contracts of this bidding package.
~~"From January 1, ___~~
- Example 2: The scope of supply for the bidding package is to purchase a dump truck along with 20 spare tires; the estimated value of the approved bidding package is 1.8 billion VND (of which the value of the dump truck is 1.64 billion VND and the 20 spare tires are valued at 0.16 billion VND). Thus, in this case, the main goods of the bidding package are the dump truck and the scale of the similar contract is determined by 70% x 1.64 billion VND.
- Example 3: The scope of supply for the bidding package under consideration includes 50 air conditioners (HS code 8415; estimated price 2 billion VND); 20 laptops (HS code 8507; estimated price 400 million VND); 20 laser printers (HS code 8443; estimated price 100 million VND), to be delivered within 180 days from the effective date of the contract.. Bidder participating in the bidding is the A - B joint venture bidder, where member A is the manufacturer of air conditioners responsible for supplying the air conditioners (80% of the value of the bidding package), member B is the trader responsible for supplying laptops and printers of the bidding package (20% of the value of the bidding package). In this case, the A - B joint venture bidder is considered to meet the requirements for production capacity and experience in implementing contracts if:
+ Member A provides documentation proving the designed capacity of the factory, production line for air conditioners reaching at least 12.5 air conditioners/month (1.5 x 50 air conditioners x 30 /180 days) or the highest air conditioner production output in any month in the last 5 years up to the bidding deadline is equal to or greater than 12.5 air conditioners/month;
+ Member B has provided goods with HS codes 8507, 8443 in the same contract or in 2 different contracts but ensuring that the value of HS code 8507 in one contract is equal to or greater than 70% of the value of the laptop item (i.e., ≥70% x 400 million VND), and the value of HS code 8443 in one contract is equal to or greater than 70% of the value of the laser printer item (i.e., ≥70% x 100 million VND).
- Example 4: The scope of supply for the bidding package for purchasing goods Q is as follows:

No	Goods List	HS Code	Estimated Value (VND)
1	Goods A	9025	10,000,000,000
2	Goods B	9030	8,000,000,000
3	Goods C	9030	12,000,000,000

In this case, bidder A participating in the bidding package for the procurement of goods Q mentioned above is considered to meet the experience requirements for executing contracts supplying similar goods if:
+ Providing 01 contract with complete HS codes 9025 and 9030, and the total value of HS codes 9025 and 9030 in the completed contract is at least 15.4 billion VND (70% x (10 billion VND + 12 billion VND)) or
+ Providing 01 contract in which the supply of HS code 9025 has been carried out with a minimum value of 7 billion VND (70% x 10 billion VND) and 01 contract that has supplied HS code 9030 with a minimum value of 8.4 billion VND [70% x 12 billion VND].

Example 5: The bidding package for the procurement of goods is divided into several lots (for example, divided into 03 lots) as follows:

No.	Lot Name	Scope of Supply	HS Code	Estimated Value (VND)
1	Lot 01	Goods A	9025	10,000,000,000
2	Lot 02	Goods B	9025	20,000,000,000
3	Lot 03	Goods C	9025	30,000,000,000

In this case, the bidder participating in the bidding for all 03 lots of the above-mentioned goods procurement package has 01 contract supplying HS code 9025 with a value of Z assessed as follows:
+ Case 1: if Z < 7,000,000,000 VND, it is assessed as not meeting the experience requirements for executing contracts supplying similar goods for all 03 lots (Lot 01, 02, 03) that the bidder participates in.
+ Case 2: if 7,000,000,000 ≤ Z < 14,000,000,000 VND, it is assessed as meeting the experience requirements for executing contracts supplying similar goods for Lot 01.
+ Case 3: if 14,000,000,000 ≤ Z < 21,000,000,000 VND, it is assessed as meeting the experience requirements for executing contracts supplying similar goods for Lot 01 and Lot 02.
+ Case 4: if Z ≥ 21,000,000,000 VND, it is assessed as meeting the experience requirements for executing contracts supplying similar goods for all 03 lots (Lot 01, 02, 03) that the bidder participates in.

(12) In cases where after-sales service is not required, this evaluation criterion should be crossed out.
In cases where the bidder lacks commitment, it can be supplemented during the Electronic Pre-qualification application evaluation process. If the bidder does not supplement the commitment within a reasonable time as requested by the Investor or the Bidder, the bidder's Electronic Pre-qualification application will be considered not meeting the requirements for warranty, maintenance, repair, providing spare parts, or providing other after-sales services and will be eliminated.

Table No. 02 (Webform on the System)

EVALUATION STANDARDS FOR CAPACITY AND EXPERIENCE
(For bidders who are manufacturers⁽¹⁾ of goods within the scope of the bidding package)

Criteria for Capacity and Experience			Requirements to be met			Documents to be submitted
No.	Description	Requirements	Independent Bidder	Joint Venture Bidder
No.	Description	Requirements	Independent Bidder	Total joint venture members	Each joint venture member
1	History of incomplete contracts due to bidder's fault	From January 1, ___⁽²⁾until the bidding deadline, the bidder has no contracts for the supply of goods, EPC, EP, PC, turnkey that are incomplete due to the bidder's fault⁽³⁾.	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 07
2	Fulfillment of tax declaration obligations, tax payments	Has fulfilled the tax declaration and payment obligations⁽⁴⁾ of the most recent fiscal year compared to the bidding deadline.	Must meet this requirement	Not applicable	Must meet this requirement	Content of commitment as per bidding documents
3	Financial capacity⁽⁵⁾
3.1	Financial performance results⁽⁶⁾	The bidder's net asset value in the most recent fiscal year before the bidding deadline must be positive. (Net asset value = Total assets - Total liabilities)	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 08
3.2	Average annual revenue (excluding VAT)⁽⁷⁾	Average annual revenue (excluding VAT) of ___ ⁽⁸⁾the most recent fiscal year before the bidding deadline must be at least ____⁽⁹⁾VND. For centralized procurement packages using bidder selection based on supply capacity, revenue is determined according to the bid price using the factor “k”____.	Must meet this requirement	Must meet this requirement	Not applicable	Form No. 08
4	Production capacity of goods⁽¹⁰⁾	The bidder must provide documentation proving the production capacity of goods in the bidding package that meets the requirements in one of the two following ways: - The designed capacity of the factory, production line must reach a minimum of:___products/01 month; Or: - The highest production output for 01 month in the last 05 years up to the bidding time must reach a minimum of:___products. For centralized procurement packages applying bidder selection based on supply capacity, the production capacity is determined corresponding to the volume, quantity that the bidder can supply (not corresponding to the bidding volume) according to the coefficient “k”_____.	Must satisfy this requirement	Must satisfy this requirement	Must satisfy the requirement (corresponding to the part of the work undertaken)	Form No. 05B
5	Warranty capability, providing replacement parts, or providing other after-sales services⁽¹¹⁾	The bidder must prove the ability to fulfill warranty obligations, provide replacement parts, or provide after-sales services in one of the following ways: - The bidder commits to having the capacity to fulfill warranty obligations, provide replacement parts, or provide after-sales services as required by Electronic Bidding Document. - The bidder signs a framework contract with a unit capable of fulfilling warranty obligations, providing replacement parts, or providing after-sales services as required by Electronic Bidding Document.	Must satisfy this requirement	Must satisfy this requirement	Not applicable	Bidder's commitment or framework contract

Note:
(1) The manufacturer is understood to be an enterprise/production facility that produces goods or participates in the production process of goods, or a subsidiary, parent company responsible for the distribution and consumption of products produced by the parent company or other subsidiaries in the Group, Corporation.
(2) Specify the required time, usually from 03 years to 05 years before the year of the bidding deadline. For example: from January 1, 2019 to the bidding deadline.
(3) Contracts for the supply of goods, EPC, EP, PC, turnkey not completed due to the fault of the bidder include:
- Contracts for the supply of goods, EPC, EP, PC, turnkey concluded by the Investor as not completed and the bidder does not dispute;
- Contracts for the supply of goods, EPC, EP, PC, turnkey concluded by the Investor as not completed, not accepted by the bidder but concluded by arbitration or the court in a direction unfavorable to the bidder.
Incomplete contracts do not include contracts for which the Investor's decision has been rejected by the dispute resolution mechanism. The determination of incomplete contracts must be based on all information about disputes or litigation resolved according to the regulations of the dispute resolution mechanism of the corresponding contract and when the bidder has exhausted all possible opportunities for complaint. For contracts that are delayed due to the fault of the bidder but are still completed, they are not considered incomplete contracts.
For a joint venture bidder where only one or some members of the joint venture violate and are prohibited from participating in bidding activities as stipulated in Clause 1 Article 125 of Decree No. 24/2024/ND-CP, the remaining member of the joint venture is not considered to have an incomplete contract due to the fault of the bidder. In cases where one or some members of the joint venture violate the contract, no longer have the capacity to continue performing the contract, and severely affect the progress, quality, and effectiveness of the bidding package, only the violating member(s) of the joint venture are considered to have an incomplete contract, while the remaining member is not considered to have an incomplete contract due to the fault of the bidder.
(4) The bidder provides documentation proving that they have fulfilled tax declaration obligations and paid corporate income tax (personal income tax for bidders who are business households) for the most recent fiscal year compared to the bidding deadline (for cases where the System has not updated information about tax obligations) for cross-checking when invited to cross-check the documents. Tax obligations are the payment of taxes corresponding to the tax rate, taxable income, taxable revenue declared by the bidder on the electronic tax system (the tax paid corresponding to the tax owed); in cases of delays in tax payment, tax exemptions, or reductions according to state policies, this should be implemented according to these regulations. If the System has not automatically extracted information about the bidder's tax obligations, the bidder must submit the following documents:
- Tax declaration (or payment notice from the tax authority for business households) and Payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration (or payment notice from the tax authority for business households) and confirmation from the tax authority regarding the fulfillment of tax obligations.
In cases where the bidding deadline is after the end date of the bidder's fiscal year (year Y) and before or on the last day of the third month from the end date of year Y, the requirement has been fulfilled regarding tax declaration and payment applies to the fiscal year prior to year Y (year Y-1).
(For example: The bidding deadline is March 20, 2024, the bidder's fiscal year is 01/01 – 31/12, then the bidder must prove that they have fulfilled tax declaration and payment obligations for the year 2022).
(5) When bidding for innovative products, individuals or groups producing innovative products specified in Clause 4, Article 5 of Decree No. 24/2024/ND-CP are not required to meet financial capacity criteria, the number of years of operation in the same industry within 06 years from the time the product is first produced and is eligible for market launch.
(6) For bidders who are business households, this criterion is not evaluated.
(7) For domestic innovative startup enterprises when bidding for innovative products of that enterprise according to the regulations in Clause 4, Article 5 of Decree No. 24/2024/ND-CP are not required to meet this criterion within 06 years from the time the product is first produced and is eligible for market launch.
For domestic bidders transferred technology to produce goods of Vietnamese origin in accordance with Electronic Bidding Document are not required to meet this criterion within 05 years from the time the product is first produced and is eligible for market launch. The basis for determining a domestic bidder transferred technology is the Technology transfer registration certificate, Technology transfer certificate according to the provisions of law on technology, investment law.
For domestic bidders producing goods of Vietnamese origin in accordance with Electronic Bidding Document, they are not required to meet revenue requirements when the bidder bids for goods of which this type is first produced by the bidder and is eligible for market launch within 05 years before the bidding deadline. Bidders benefit from this incentive from the time the bidder is established but not exceeding 07 years up to the bidding deadline;
(8) Specify the required time, usually from 03 years to 05 years before the year of the bidding deadline. In cases where the bidder has fewer years of establishment than required by Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years the bidder has been established. In this case, if the average annual revenue (excluding VAT) of the bidder meets the value requirement of Electronic Bidding Document, the bidder will still be evaluated without being disqualified.
For bidders who are business households, it is not mandatory to submit financial statements, but the bidder must provide documents proving revenue corresponding to tax obligations.
In cases where the bidding deadline is after the end date of the bidder's fiscal year (year Y) and before or on the last day of the third month from the end date of year Y, the requirement for submitting financial statements applies to the years prior to year Y (year Y-1, Y-2...).
Example 1: The bidding deadline is March 20, 2024, the bidder's fiscal year is 01/01 – 31/12 and Electronic Bidding Document requires the bidder to submit financial statements for the last 03 years, then the bidder must submit financial statements for the years 2020, 2021, 2022.
Example 2: The average annual revenue (excluding VAT) of the last 3 fiscal years compared to the bidding deadline. In this case, if the bidding deadline is November 15, 2024, then the bidder must submit financial statements for the years 2021, 2022, 2023. The bidder was established in 2022 but the average revenue of 2022 and 2023 meets the requirements, then the bidder continues to be evaluated.
(9) Common calculation method for the required average annual revenue (excluding VAT):
a) In cases where the implementation time of the bidding package is 12 months or more, the revenue calculation method is as follows:
Minimum requirement for average annual revenue (excluding VAT) = [(Contract price – VAT value)/implementation time of the bidding package in years] x k. Generally, the coefficient “k” in this formula is from 1.5 to 2.
b) In cases where the implementation time of the bidding package is less than 12 months, the revenue calculation method is as follows:
Minimum requirement for average annual revenue from production and business activities (excluding VAT) = (Contract price – VAT value) x k. Generally, the coefficient “k” in this formula is 1.5.
For centralized procurement packages applying bidder selection based on supply capacity, the revenue is determined according to the above formula corresponding to the bid price (replace “contract price” with “bid price” in the formula). In this case, the investor needs to specify the coefficient “k”.
(10) In cases where the bidding package includes many different types of goods, depending on the nature and scale of the package, the Bidding Party may set requirements for the designed capacity of the factory, production line, or the highest production output for 01 month in the last 05 years up to the bidding deadline based on the main types of goods in the package (must specify the main goods) or based on all types of goods in the package, corresponding to the requirements for the main items or all goods of the package for bidders who are trading companies.
The designed capacity of the factory, production line, or the highest production output for 01 month in the last 05 years up to the bidding deadline is equal to: k x (Required quantity of the bidding package x 30/implementation time of the bidding package (calculated by day)). Generally, k = 1.5; in cases of centralized procurement or procurement of goods with large quantities, the bidding volume can specify k = 1”.
Example: The quantity of goods needed to purchase is 12,000 boxes of milk, the implementation time of the bidding package is 20 days, the coefficient k = 1.5, then the minimum designed capacity in 01 month/highest production output of 01 month of the bidder is: 1.5 x (12,000 x 30/20) = 27,000 boxes of milk.
In cases where the goods are products manufactured domestically by Vietnamese bidders (which may have been sold in the market or not), the bidder must prove the designed capacity or production output that meets the requirements.
In cases where the bidder is both a manufacturer and a supplier (some goods or a part of the quantity of goods the bidder bids in Electronic Pre-qualification application are produced by the bidder, while other goods or a part of the quantity of goods are purchased from other manufacturers, suppliers to provide for the bidding package), in addition to declaring production capacity, the bidder must also declare experience in performing similar contracts according to the content specified in Section 4 of Table No. 01 of this chapter. The evaluation of the bidder's experience will be based on contracts for supplying similar goods (corresponding to the part of the goods that the bidder purchases from other manufacturers, suppliers) and the production capacity of the bidder (corresponding to the part of the goods that the bidder produces to provide for the bidding package).
The bidder can use documents such as sales invoices, inventory quantity… to prove the output produced in 01 month; use documents proving the designed capacity of the factory, production line to prove production capacity.
For centralized procurement packages applying bidder selection based on supply capacity, production capacity is determined according to the above formula corresponding to the volume and quantity that the bidder can provide (not corresponding to the bidding volume). In this case, the investor needs to specify the coefficient “k”.
(11) In cases where the bidder lacks commitments, they can be supplemented during the evaluation of Electronic Pre-qualification application. If the bidder does not supplement commitments within a reasonable time as required by the Investor, the Bidding Party, then the bidder's Electronic Pre-qualification application is considered not to meet the requirements regarding warranty capacity, provision of replacement parts, or provision of other after-sales services and is disqualified. In cases where after-sales service is not required, this evaluation criterion should be removed.

Table No. X (Webform on the System)

EVALUATION CRITERIA FOR FINANCIAL CAPACITY AND EXPERIENCE
(Applicable to the bidding package for goods divided into multiple parts)

No.	Part Code (Batch)	Part Name (Batch)	Estimated Value of Each Part (VND)	Average Annual Revenue (excluding VAT)* (VND)	Commodity Code (HS)	Size of Similar Contract (applicable to commercial bidders) (VND)**	Production Capacity of Goods (applicable to manufacturers)	Warranty and Maintenance Capability
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

For the historical content of contract non-performance due to the bidder's fault, compliance with tax declaration obligations, tax payment, financial performance results, warranty capability, provision of spare parts, or provision of other after-sales services shall apply according to the provisions in Table No. 01, Table No. 02 of this chapter.
Note:
(*) In cases where the bidder participates in multiple parts, the assessment of revenue is based on the total average revenue value required for the parts in which the bidder participates. If the bidder participates in one part, it is only necessary to meet the revenue requirement for that part. In cases where the concentrated procurement package applies to bidder selection based on supply capacity, the revenue requirement for each part is determined according to the formula specified in note (7) of Table No. 01, note (9) of Table No. 02 of this chapter (replace “the package price” with “the bidding price” in the formula).
(**) In cases where the bidder participates in multiple parts, the evaluation of similar contracts corresponds to each part in which the bidder participates; the bidder is not required to meet the total scale of similar contracts for the parts in which the bidder participates. In cases where the concentrated procurement package applies to bidder selection based on supply capacity, the requirement for the scale of similar contracts for each part is determined according to note (11) of Table No. 01, note (10) of Table No. 02 of this chapter.

Table 03: Requirements for Key Personnel (Webform on the System) ⁽¹⁾

No.	Job Position	Quantity	Experience in Similar Jobs	Certificates/Qualifications⁽²⁾
1			minimum__years or minimum___contracts
2			minimum__years or minimum___contracts
3
…

Note:
(1) In the case where the bidding package does not have requirements for key personnel, the Investor does not need to fill in this Table.
(2) Only specified in cases where related services require professional certification.
Section 3. Technical Evaluation Criteria
Using pass/fail criteria or scoring methods to establish technical evaluation standards.
The establishment of technical evaluation standards is based on factors regarding the ability to meet requirements for quantity, quality, delivery time, transportation, installation, warranty, provision of after-sales services (if any), information on contract performance results of the bidder as stipulated in Articles 17 and 18 of Decree No. 24/2024/NĐ-CP, the quality of similar goods publicly disclosed in accordance with Article 18 of Decree No. 24/2024/NĐ-CP (if any), and other requirements mentioned in Chapter V. Depending on each specific bidding package, when preparing the Electronic Bidding Document, specific criteria must be detailed as the basis for evaluating technical aspects including:
- Characteristics, technical specifications of goods, manufacturing standards, fabrication standards, and technology;
- The reasonableness and economic efficiency of technical solutions, organization measures for supplying and installing goods;
- The level of compliance with warranty and maintenance requirements: bidders must present a plan for providing warranty and maintenance services;
- The level of compliance with requirements for supplying materials, replacement equipment, and other related services (if any) throughout the entire usage period of the goods.
- Adaptability regarding geography and environment;
- Impact on the environment and mitigation measures;
- Sustainable bidding criteria (if any);
- Factors regarding commercial conditions, delivery time, technology transfer training, provision of after-sales services;
- Progress of goods delivery;
- Environmentally friendly factors;
- The bidder's contract performance results for the supply of goods package, EPC, EP, PC, turnkey as stipulated in Articles 17 and 18 of Decree No. 24/2024/NĐ-CP, the quality of similar goods publicly disclosed in accordance with Article 18 of Decree No. 24/2024/NĐ-CP (if any);
- Other necessary factors.
3.1. Evaluation by scoring method[7]:
Based on the scale and nature of the bidding package, the Investor stipulates the minimum and maximum score for each general criterion. A minimum score may be set for the basic detailed criteria within the general criteria; minimum scores cannot be set for non-basic detailed criteria. The required minimum score must not be less than 70% of the total technical score. For bidding packages with high technical requirements, the minimum required technical score ranges from 80% to 90% of the maximum total technical score. Electronic Pre-qualification application with a total score (as well as the score of some general criteria) meeting or exceeding the minimum required score will be evaluated as technically satisfactory and will proceed to financial consideration.
The technical score of each general criterion is calculated based on the technical score of the detailed criteria using the following formula:

Where:
t_ji= technical score of detailed criterion “i” in general criterion “j”,
w_ji = weight of detailed criterion “i” in general criterion “j”,
k = number of detailed criteria in general criterion “j”, and

Total technical score is calculated using the following formula:

Where:
S_j     = technical score of general criterion “j”
W_j   = weight of general criterion “j”
n     = number of general criteria, and

3.2. Evaluation by pass/fail method[8]:
Based on the scale and nature of the bidding package, the level of requirements for each content is determined. For general evaluation criteria, only pass or fail criteria are used. For basic detailed criteria within the general criteria, only pass or fail criteria are used; for non-basic detailed criteria in the general criteria, in addition to pass or fail criteria, acceptable criteria may also be applied, but they must not exceed 30% of the total detailed criteria within that general criterion.
The general criteria are considered satisfactory when all basic detailed criteria are evaluated as satisfactory and the non-basic detailed criteria are evaluated as satisfactory or acceptable.
Electronic Pre-qualification application is evaluated as meeting technical requirements when all general criteria are assessed as satisfactory.
Section 4. Financial Evaluation Criteria
Based on the nature and scale of each specific bidding package, one of the following methods should be selected accordingly:
4.1. Lowest Price Method[9]:
The method for determining the lowest price is as follows:
- In case Section 13.5 Electronic Bidding Document List stipulates that the bidder bids according to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV:
Step 1. Determine the bid price and the bid price after discounts (if any);
Step 2. Determine the preferential value (if any) as stipulated in Section 28 Electronic Competitive Dialogue and Negotiated Tendering;
Step 3. Rank the bidders: Electronic Pre-qualification application with the bid price after deducting the discount value (if any) and adding the preferential value (if any) is ranked first with the lowest total.
- In case Section 13.5 Electronic Bidding Document List stipulates that the bidder bids according to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV:
Step 1. Determine the bid price excluding taxes, fees, import duties, excise taxes (if any), VAT, after discounts (if any);
Step 2. Determine the preferential value (if any) as stipulated in Section 28 Electronic Competitive Dialogue and Negotiated Tendering;
Step 3. Rank the bidders: Electronic Pre-qualification application with the bid price excluding taxes, fees, import duties, excise taxes (if any), VAT, after deducting the discount value (if any), and adding the preferential value (if any) is ranked first with the lowest total.
4.2. Evaluation Price Method[10]:
The method for determining the evaluation price is as follows:
Step 1.
- In case Section 13.5 Electronic Bidding Document List stipulates that the bidder bids according to Form No. 12.1 (12.1A or 12.1B or 12.1C) Chapter IV, the bid price after discounts (if any) is determined.
- In case Section 13.5 Electronic Bidding Document List stipulates that the bidder bids according to Form No. 12.2 (12.2A or 12.2B or 12.2C) Chapter IV, the bid price excluding taxes, fees, import duties, excise taxes (if any), VAT, after discounts (if any) is determined.
Step 2. Determine the evaluation price:
The evaluation price is determined according to the following formula:
G_ĐG = G ± Δ_G+ Δ_ƯĐ
Where:
- G is the bid price determined in Step 1 of this section;
- Δ_ƯĐ is the value to be added for items not eligible for preferences as stipulated in Section 28 Electronic Competitive Dialogue and Negotiated Tendering.
- Δ_G is the value of factors normalized for the entire lifecycle of the goods. Accordingly, when establishing the evaluation price standard, the Investor and the Bidder may consider quantifying one or more factors in addition to the bid price. These factors may include:
a) Delivery time:
Goods must be delivered within the timeframe specified in the Electronic Bidding Document. If a bidder proposes an earlier delivery time than the earliest delivery date, it will not be prioritized. If a bidder proposes a later delivery time than this period, the bidder's Electronic Pre-qualification application will be disqualified.
In case the Investor or the Bidder can quantify the monetary advantage of 1 day of goods being put into use early (within the timeframe according to the delivery schedule), resulting in savings of A (VND), this factor will be used in the formula to determine the evaluation price. If the bidder delivers later than the earliest delivery date by X days (but still within the timeframe according to the delivery schedule), an additional amount of: A x X (VND) will be added to this bidder's bid price for comparison and ranking.
b) Payment schedule:
The bidder must quote prices according to the payment schedule specified in the Electronic Specific Terms and Conditions of the Contract The Electronic Pre-qualification application will be compared based on the quoted price according to the payment schedule. However, along with the payment schedule specified in the Electronic General Terms and Conditions of the ContractT, the bidder is allowed to propose an alternative payment schedule and propose a discount according to this payment schedule. After the bidder is selected based on the comparison of prices according to the initial payment schedule, the Investor may consider the alternative payment schedule and the bidder's discount.
c) Costs for materials and replacement parts during the initial period: ___ [The Investor and the Bidder choose one of the following two methods:
The bidder is responsible for listing and quoting prices for materials and replacement parts during the initial operation period as stipulated in Section 15.8 Electronic Bidding Document List. The quoted prices of these materials and replacement parts will be added to the bidder's bid price for comparison of Electronic Pre-qualification application and ranking. The bidder is responsible for fulfilling their commitment to the prices proposed at this point during the usage period.
or
The Investor and the Bidder compile a list of materials and replacement parts that are used frequently and have a significant value during the initial operating period as stipulated in Section 15.8 Electronic Bidding Document List. The bidder must quote unit prices and total amounts for these materials and replacement parts. The quoted prices of these goods will be added to the bidder's bid price for comparison of Electronic Pre-qualification application and ranking. The bidder is responsible for fulfilling their commitment to the proposed prices during the usage period.
d) The availability of supplying materials, replacement parts, and after-sales services for the goods quoted in Electronic Pre-qualification application at the project site:
For the purpose of comparing Electronic Pre-qualification application and ranking the bidder, the bid price will be increased by an amount equivalent to the cost that the Investor must incur to establish minimum service facilities and store the materials and replacement parts if these items are quoted separately.

e) Lifecycle cost:
Lifecycle cost should be used when the costs for operation and maintenance during the lifecycle of the goods are significant compared to the purchase cost of the goods and can vary between different Electronic Pre-qualification application. Lifecycle costs will be evaluated based on net present value. If lifecycle costs are applied, the following factors may be considered for comparison and bidder ranking:
+ Number of years for calculating lifecycle costs:___ [enter the number of years];
+ Discount rate for calculating the net present value of operation and maintenance costs: ___ [enter the discount rate];
+ Annual operation and maintenance costs throughout the lifecycle of the goods are determined as follows: ____ [enter the method of determination];
+ Salvage value;
+ Other factors as required by the Investor and the Bidder;
+ The bidder must provide the following information:________[state the information the bidder must provide (if necessary)].
f) Performance and capacity of the equipment:

For comparing Electronic Pre-qualification application and ranking bidders, the bid price will be adjusted by an amount corresponding to the difference in capacity and performance between the bidder's proposal and the minimum required level in the HSMT. Specifically: _______ [insert adjustment formula]. For example, a 1% or 1 unit difference in equipment performance and capacity offered in Electronic Pre-qualification application compared to the minimum required level in the HSMT is considered equivalent to _____ [insert the amount that the Investor could benefit from due to higher performance and capacity].
g) Goods certified with eco-labels, energy labels, and equivalents (if any): _____ [If this criterion is applied, the investor and the bidder need to quantify in monetary terms a unit difference for goods certified with eco-labels, energy labels, and equivalents compared to the minimum required level].
h) Sustainable bidding (if any): _____ [If this criterion is applied, the investor and the bidder need to quantify in monetary terms a unit difference for environmental and social parameters compared to the minimum required level. If prioritizing products and services certified with eco-labels, energy labels, and equivalents, specific regulations are required].
i) The bidder's contract performance results according to the provisions of Articles 17 and 18 of Decree No. 24/2024/NĐ-CP;
k) The quality of similar goods used is publicly disclosed according to the provisions in Article 18 of Decree No. 24/2024/NĐ-CP (if any), including consideration of the origin.
l) Other standards:
- In cases where the scope of supply includes requirements for sustainable bidding, such as emissions, fuel consumption, recyclable materials, and reuse… the Investor and the Bidder may use pass/fail criteria or, in addition to pass/fail criteria, quantify these factors in monetary terms if they exceed the minimum requirements.
Step 3. Bidder ranking: Electronic Pre-qualification application with the lowest evaluation price is ranked first.
Section 5. Alternative technical solutions in Electronic Pre-qualification application (if any)
In cases where bidders are allowed to propose alternative technical solutions as stipulated in Section 12 Electronic Competitive Dialogue and Negotiated Tendering, Electronic Pre-qualification application will be evaluated as follows: ___ [specify the evaluation criteria and standards for the alternative technical solution].
Section 6. Cases where the bidding package is divided into independent parts (if any)
If the bidding package is divided into independent parts, the Electronic Bidding Document must clearly state the standards and evaluation methods for each part or multiple parts so that bidders can calculate their bidding proposals according to their capabilities. The evaluation of Electronic Pre-qualification application and bid approval will be based on ensuring that the total proposed bid price of the bidding package is the lowest (for the bidding package applying the lowest price method); the total evaluation price of the bidding package is the lowest (for the bidding package applying the evaluation price method) and the total bid price of the entire bidding package does not exceed the approved package price without comparing with the estimated cost of each part.

Chapter IV. BID INVITATION AND BIDDING FORM

No	Form	Implementation Method	Responsibilities
No	Form	Implementation Method	Investor	Bidder
1	Form No. 01A. Scope of Supply of Goods (Applicable for Turnkey Contracts)	Webform	X
2	Form No. 01B. Scope of Supply of Goods (Applicable for Unit Price Contracts)		X
3	Form No. 01C. Scope of Supply of Goods (Applicable for Mixed Contracts)		X
4	Form No. 01D. Related Services		X
5	Form No. 01E. Materials and Spare Parts		X
6	Form No. 02A. Bid Application (Applicable for Bidders as Organizations)			X
7	Form No. 02B. Bid Application (Applicable for Cases Where the Bidder is an Individual or a Group of Individuals Producing Innovative Products)			X
8	Form No. 02B. Agreement Document (for Groups of Individuals Producing Innovative Products)			X
9	Form No. 03. Joint Venture Agreement			X
10	Form No. 04A. Bid Guarantee (Applicable for Independent Bidders)	Scan and attach or electronic guarantee		X
11	Form No. 04B. Bid Guarantee (Applicable for Joint Venture Bidders)	Scan and attach or electronic guarantee		X
12	Form No. 05A. Similar Contracts Executed by the Bidder (Applicable for Commercial Bidders)	Webform		X
13	Form No. 05B. Declaration of Production Capacity (applicable for bidders who are manufacturers)			X
14	Form No. 06A. Proposed Key Personnel Table			X
15	Form No. 06B. Curriculum Vitae of Key Personnel			X
16	Form No. 06C. Professional Experience Table			X
17	Form No. 07. Supply Contracts, EPC, EP, PC, Turnkey Projects Not Completed Due to Bidder's Fault in the Past			X
18	Form No. 08. Bidder's Financial Situation			X
19	Form No. 09A. Scope of Work Using Subbidders			X
20	Form No. 09B. List of Subsidiaries and Member Companies Undertaking Parts of the Contract			X
21	Form No. 10A. Supply Schedule			X
22	Form No. 10B. Bidder's Proposal for Goods			X
23	Form No. 11.1. Bid Price Summary Table (If Electronic Bidding Document requires bidding according to Form No. 12.1 of this Chapter)			X
24	Form No. 11.2. Bid Price Summary Table (If Electronic Bidding Document requires bidding according to Form No. 12.2 of this Chapter)			X
25	Form No. 12.1A. Bid Price Table for Goods (applicable for fixed-price contracts)			X
26	Form No. 12.1B. Bid Price Table for Goods (applicable for unit price contracts)			X
27	Form No. 12.1C. Bid Price Table for Goods (applicable for mixed contracts)			X
28	Form No. 12.2A. Bid Price Table for Goods (applicable for fixed-price contracts)			X
29	Form No. 12.2B. Bid Price Table for Goods (applicable for unit price contracts)			X
30	Form No. 12.2C. Bid Price Table for Goods (applicable for mixed contracts)			X
31	Form No. 13A. Bid Price Table for Related Services(applies to lump-sum and unit price contracts)			X
32	Form No. 13B. Bid Price Table for Related Services(applies to mixed contracts)			X
33	Form No. 14A. Price List for Materials and Replacement Parts(applies when the bidder is required to propose themselves)			X
34	Form No. 14B. Price List for Materials and Replacement Parts(applies when required by the investor)			X
35	Form No. 15A. List of Goods Eligible for Incentives			X
36	Form No. 15B. Domestic Production Costs for Goods Eligible for Incentives(in case of foreign import cost declaration)			X
37	Form No. 15C. Domestic Production Costs for Goods Eligible for Incentives(in case of domestic production cost declaration in Vietnam)			X

Form No. 01A (webform on the System)

SCOPE OF GOODS SUPPLY
(applies to lump-sum contracts)

The investor lists in detail the items of goods to be supplied. This should clearly state the list of goods with the required quantity, type, and detailed descriptions or explanations (if necessary).

No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]	Latest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]
1
2
3
…

Note:
(1) Refer to the corresponding content specified in Chapter V.
(2) Applicable in the following cases:
- The investor requests the origin according to groups of countries or territories as stipulated in Clause 2, Article 44 of the Procurement Law. In this case, the bidder must offer goods according to the required origin or Vietnamese origin, even if Vietnam is not listed in the required group of countries or territories. Bidders offering goods with origins not meeting the Electronic Bidding Document requirements or not originating from Vietnam will be disqualified.
Examples of country groups or territories: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations, Organization for Economic Cooperation and Development (OECD), G20, G8, G7...
- The investor decides to require bidders to offer goods of domestic origin when the procurement package meets the conditions in Point e, Clause 3, Article 10 of the Procurement Law. In this case, bidders must offer goods of Vietnamese origin, and those offering goods not of Vietnamese origin will be disqualified.
If the investor does not require origin, leave this section blank.
(3) Delivery date must comply with the technical requirements specified in Chapter V.
If the package is divided into parts (lots), the investor must clearly state the name of each part (lot) and the goods as in this form.

Form No. 01B (webform on the System)

SCOPE OF GOODS SUPPLY
(applies to unit price contracts)

No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]	Latest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]
1
2
…
	Contingency Costs		a%

Note:
(1) Refer to the corresponding content specified in Chapter V.
(2) Applicable in the following cases:
- The investor requires the origin according to groups of countries or territories as stipulated in Clause 2, Article 44 of the Procurement Law. In this case, the bidder must offer goods that meet the required origin or Vietnamese origin, even if Vietnam is not listed in the required group of countries or territories. Bidders offering goods that do not meet the origin requirement of the Electronic Bidding Document or are not of Vietnamese origin will be disqualified.
Examples of country groups or territories: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations, Organization for Economic Cooperation and Development (OECD), G20, G8, G7...
- The investor decides to require bidders to offer goods of domestic origin when the procurement package meets the conditions stipulated in Point e, Clause 3, Article 10 of the Procurement Law. In this case, bidders must offer goods of Vietnamese origin, and those offering goods not of Vietnamese origin will be disqualified.
If the investor does not require the origin, leave this section blank.
(3) Delivery date must comply with the technical requirements specified in Chapter V.
If the package is divided into parts (lots), the investor must clearly state the name of each part (lot) and the goods as shown in this form.

Form No. 01C (webform on the System)

SCOPE OF GOODS SUPPLY
(applies to mixed contracts)

No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]	Latest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]
1
2
…

II. List of goods applicable to unit price contracts

No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Delivery Date⁽³⁾
No.	List of Goods	Unit	Quantity	Goods Description⁽¹⁾	Requirements on Origin of Goods (if any)⁽²⁾	Project Location	Earliest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]	Latest Delivery Date [enter the number of days: from the effective date of the contract or from the date the investor requests delivery in case of multiple deliveries]
1
2
…
	Contingency Costs		a%

Note:
(1) Refer to the corresponding content as stipulated in Chapter V.
(2) Applicable in the following cases:
- The investor requires the origin from a group of countries or territories according to Clause 2, Article 44 of the Law on Bidding. In this case, the bidder must offer goods that meet the origin requirement or Vietnamese origin, even if the group of countries or territories requested by the investor does not include Vietnam. A bidder offering goods that do not meet the origin requirement as specified in the Electronic Bidding Document or are not of Vietnamese origin will be disqualified.
For example: Europe, Asia, America...; European Union (EU), Association of Southeast Asian Nations, Organization for Economic Co-operation and Development (OECD), G20, G8, G7...
- The investor decides to require the bidder to offer goods of domestic origin when the procurement package meets the conditions specified in point e, clause 3, Article 10 of the Law on Bidding. In this case, the bidder must offer goods of Vietnamese origin. A bidder offering goods without Vietnamese origin will be disqualified.
If the investor does not require the origin, this section can be left blank.
(3) The delivery date must comply with the technical requirements specified in Chapter V.
In case the package is divided into parts (lots), the investor must specify the name of each part (lot) and the goods as per this form.

Form No. 01D (webform on the System)

RELATED SERVICES ⁽¹⁾

The investor lists the related services to be implemented for the package in the table below:

No.	Service Description	Quantity for bidding	Unit	Service Location	Service Completion Date⁽²⁾
1	Enter service content 1
2	Enter service content 2
..
n	Enter service content n

Note:
(1) In case the tender package does not require related services, the Investor will not input this Form into the System.
(2) The "Service completion date" must be reasonable and in line with the "Delivery Date" in Forms 01A, 01B, 01C.

Form No. 01E (webform on the System)

MATERIALS AND SPARE PARTS
(applicable only when the Investor has specific requirements for materials and spare parts)

No.	List	Unit of Measure	Quantity
(1)	(2)	(3)	(4)

Note:
The Investor completes columns (1), (2), (3), (4) according to the requirements in Section 15.8 of the Electronic Competitive Dialogue and Negotiated Tendering and Section 4 of Chapter III.

Form No. 02A (webform on the System)

BID FORM⁽¹⁾
(Applicable to bidders that are organizations)

Date:___ [Automatically extracted by the System]
Package name: ___ [Automatically extracted by the System]
To: ___ [Automatically extracted by the System]
After reviewing the Electronic Bidding Document, we:
Bidder name: ___ [Automatically extracted by the System], Tax ID: ___ [ Automatically extracted by the System] commit to perform the package ____ [ Automatically extracted by the System] with Electronic Invitation To Bid number:___ [Automatically extracted by the System] in accordance with the requirements stated in the Electronic Bidding Document with the bid price (total amount) of ____ [Automatically extracted by the System] along with the attached bid price summary tables.
Additionally, we voluntarily offer a discount with a discount rate of____ [Specify the discount rate, if any].
The bid price after deducting the discount is: _____ [Automatically calculated by the System] (including all taxes, fees, charges (if any)).
Validity of Electronic Pre-qualification application: ____ [Automatically extracted by the System]
Bid Security: ___ [ enter the amount in numbers, in words, and the currency of the bid security]
Validity of the Bid Security⁽²⁾: ____ [enter the validity period from the bid closing date]
We hereby commit:
1. We are not undergoing dissolution or revocation of enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate, cooperative group, and are not in a state of insolvency as per the law on bankruptcy (not in the process of termination or revocation of business registration certificate for sole proprietorship bidders);
2. We are not in violation of regulations concerning competitive neutrality in procurement;
3. We have fulfilled the obligations of tax declaration and tax payment for the most recent fiscal year up to the bid closing date;
4. We are not currently barred from tender participation as per the law on procurement;
5. We are not under criminal investigation (the owner of the business is not under criminal investigation if the bidder is a sole proprietorship);
6. We will not engage in corruption, bribery, collusion, obstruction, or any other violations of procurement laws when participating in this package;
7. Within three years before the bid closing date, the bidder has no personnel (who signed a labor contract with the bidder at the time of the violation) convicted by the court of serious procurement violations as per criminal law to secure the bid for the bidder⁽³⁾;
8. The information declared in the Electronic Pre-qualification application is truthful;
9. If awarded the contract, the Electronic Pre-qualification application and any supplements or clarifications thereof will form a binding agreement between both parties until the contract is signed.
10. If our Electronic Pre-qualification application is accepted, we will implement the contract performance security measures as stipulated in Section 37.1 of the Electronic Competitive Dialogue and Negotiated Tendering in the Electronic Bidding Document;
11. We have the necessary capacity and experience to execute the tender package⁽⁴⁾;
12. If we fail to submit the original bid security as required by the Investor, the Procuring Entity as specified in Section 18.5 of the Electronic Competitive Dialogue and Negotiated Tendering; or in the case where the bid security value is less than 20 million VND and we fail to submit cash, a bank-guaranteed check, a bid guarantee letter, or an insurance guarantee as per Section 18.8 of the Electronic Competitive Dialogue and Negotiated Tendering, we will be named on the System, and our account will be locked for six months from the date the Public Procurement Agency, Ministry of Planning and Investment, receives the Investor’s written request.
Note:
(1) The Bid Form must be signed with the bidder's digital signature when the bidder submits the Electronic Pre-qualification application.
(2) In the case where the bid security value is less than 20 million VND, this clause is not applicable.
(3) The Electronic Bidding Document must not require the bidder to submit personnel criminal records to prove this evaluation criterion.
(4) In the case of a competitive quotation package.

Form No. 02B (webform on the System)

BID FORM⁽¹⁾
(Applicable to individual or group of individuals producing innovative products)

Date: ___ [System auto-generated]
Bid Package Name: ___ [System auto-generated]
To: ___ [System auto-generated]
After reviewing the Electronic Bidding Document, we:
Bidder Name: ___ [For individual bidders, the system auto-generates individual names and tax codes; for a group of individuals, the system auto-generates the names and tax codes of members as per Form 02C], commit to executing the bid package ___ [System auto-generated], Electronic Invitation To Bid number: ___ [System auto-generated], in accordance with the requirements stated in the Electronic Bidding Document with the bid price (total amount) of ___ [System auto-generated] along with the attached bid price summary.
Additionally, we voluntarily offer a bid price reduction of ____ [Enter the percentage of price reduction, if applicable].
The bid price after deduction of the price reduction is: _____ [System auto-calculated] (inclusive of all taxes, fees, and charges, if any).
Validity of the Electronic Pre-qualification application: ____[System auto-generated]
Bid Security: ___ [ enter the value in numbers, words, and currency of the bid security]
Validity of the Bid Security⁽²⁾: ____[Enter the validity period from the bid closing date]
We commit:
1. To having full civil capacity;
2. Not to violate regulations on ensuring competition in bidding;
3. We have fulfilled the obligation to declare and pay taxes for the most recent fiscal year up to the bid closing date;
4. We are not currently barred from bidding under procurement law;
5. We are not under criminal investigation;
6. We will not engage in corruption, bribery, collusion, obstruction, or other acts of violation of procurement laws in this bid;
7. In the 3 years prior to the bid closing, none of the members of the group of individuals have been convicted by a court for acts of violating procurement regulations that caused serious consequences under criminal law with the intention of securing the bid award for themselves (or the group of individuals containing the violating member)⁽³⁾;
8. The information declared in the Electronic Pre-qualification application is truthful;
9. In case of winning the bid, the Electronic Pre-qualification application and any additional documents and clarifications form a binding agreement between both parties until the contract is signed.
10. If our Electronic Pre-qualification application is accepted, we will undertake measures to ensure contract performance as specified in Section 37.1 Electronic Competitive Dialogue and Negotiated Tendering of the Electronic Bidding Document;
11. We have sufficient production capacity to execute the bid package⁽⁴⁾;
12. If we fail to submit the original bid security as required by the Investor, as specified in Section 18.5 Electronic Competitive Dialogue and Negotiated Tendering; or in the case of bid security valued at less than 20 million VND and we fail to submit cash, a certified check, a bid guarantee letter, or an insurance guarantee as specified in Section 18.8 Electronic Competitive Dialogue and Negotiated Tendering, our name will be published on the System, and our account will be locked for six months from the date the Public Procurement Agency, Ministry of Planning and Investment, receives the Investor’s written request.
Note:
(1) The Bid Form is signed with the bidder’s digital signature (or a member assigned by the group of individuals in a written agreement) when the bidder submits the Electronic Pre-qualification application.
(2) In the case where the bid security value is less than 20 million VND, this clause does not apply.
(3) The Electronic Bidding Document must not require the bidder to submit personnel criminal records to prove this evaluation criterion.
(4) In the case of a competitive quotation package.

Form No. 02C (scan attached)

AGREEMENT DOCUMENT

(Applicable to a group of individuals producing innovative products)

Date: ___ month___year___
Based on the Electronic Bidding Document for the bid package: ______ [enter the name of the bid package]with Electronic Invitation To Bid number:__ [enter the bid invitation number]
We consist of:
First Member:
Full Name:
ID/Passport Number:                         Date of Issue:                    Place of Issue:
Tax Code:
Address:
Phone Number:
Second Member:
Full Name:
ID/Passport Number:                         Date of Issue:                    Place of Issue:
Tax Code:
Address:
Phone Number:
...
nth Member:
Full Name:
ID/Passport Number:                         Date of Issue:                    Place of Issue:
Tax Code:
Address:
Phone Number:
The members (hereinafter referred to as "members") mutually agree to sign this agreement to establish a group of individuals with the following contents:
Article 1. General Principles
1. The members voluntarily establish a group of individuals to participate in the bid package____ [enter the bid package name]under project____[enter project/procurement estimate name] organized by ____[enter the Investor's name].
2. The members commit that none of the members are allowed to participate independently or jointly with other individuals in this bid package. In case of winning the bid, the members jointly sign the contract, and no member has the right to refuse to perform the responsibilities and obligations stipulated in the contract. If a member of the group refuses to fulfill their responsibilities and obligations, that member will be dealt with as follows:
- Compensate damages to other group members;
- Compensate damages to the Investor as stipulated in the contract;
- Other forms of handling ____ [specify other forms of handling].
Article 2. Division of Responsibilities
The members agree to divide responsibilities to perform the bid package ____ [enter the bid package name]under project____[enter project/procurement estimate name] as follows:
Assign ____ [enter the individual's name] as the group leader, representing the group in the following tasks:
- Using the personal account and digital signature to submit the Electronic Pre-qualification application on behalf of the group.
[- Sign documents and papers for transactions with the Investor and the Procuring Entity during the bidding process, including clarifications of the Electronic Pre-qualification application or withdrawal requests;
- Provide the bid security for the entire group;
- Participate in the document review and contract finalization process;
- Sign the complaint letter if the bidder submits a complaint;
- Other tasks except signing the contract ____ [specify other tasks, if any].
Article 3. Validity of the Agreement
          1. The agreement takes effect from the date of signing.
          2. The agreement terminates in the following cases:
          - The parties fulfill their responsibilities and obligations and liquidate the contract;
          - The parties mutually agree to terminate the agreement;
          - The group of individuals does not win the bid;
          - Cancellation of the bid package ____ [enter the bid package name] under ____ [enter the project/procurement estimate name] as announced by the Investor or Procuring Entity.
          This agreement is established based on the consent of all members.

GROUP LEADER [sign and clearly print full name]
GROUP MEMBERS [sign and clearly print full name]

Form No. 03 (Webform on the System)

PARTNERSHIP AGREEMENT⁽¹⁾

Date: ___ [Automatically extracted by the system]
Bid Package:     [Automatically extracted by the system ]
Under project/procurement estimate: ____ [Automatically extracted by the system]
Based on⁽²⁾     [Automatically extracted by the system]
Based on⁽²⁾      [Automatically extracted by the system]
Based on the Electronic Bidding Document for Bid Package: ______ Automatically extracted by the system] with number Electronic Invitation To Bid: __ [Automatically extracted by the system]
We, the representatives of the parties signing the partnership agreement, include:
Name of the first partnership member:____ [Automatically extracted by the system]
Tax code: ___ [Automatically extracted by the system];
Representative is Mr./Ms.:
Position:
Address:
Phone:
Name of the second consortium member:____ [Automatically extracted system]
Tax ID: ___ [Automatically extracted system];
Representative: Mr./Ms.
Position:
Address:
Phone:
...
Name of the nth consortium member:____ [Automatically extracted system]
Tax ID: ___ [Automatically extracted system];
Representative: Mr./Ms.
Position:
Address:
Phone:
The parties (hereinafter referred to as members) agree to sign a consortium agreement with the following contents:
Article 1. General Principles
1. The members voluntarily form a consortium to participate in the bidding for the package ___ [Automatically extracted system] under the project/purchase estimation ___ [Automatically extracted system].
2. The members agree on the name of the consortium for all transactions related to this package as: ____ [Enter the name of the consortium].
3. The members commit that no member is allowed to independently participate or form a consortium with another bidder for this package. In case of winning the bid, no member has the right to refuse to perform the responsibilities and obligations specified in the contract. In case a consortium member refuses to fulfill their individual responsibilities as agreed, that member shall be dealt with as follows:
- Compensation for damages to other consortium members;
- Compensation for damages to the Investor as specified in the contract;
- Other forms of handling ____ [specify other forms of handling].
Article 2. Allocation of Responsibilities
The members agree to allocate responsibilities for the execution of the package ____ [Automatically extracted system] under the project/purchase estimation ____ [Automatically extracted system] for each member as follows:
1. Lead member of the consortium:
The parties agree to assign ____ [The system automatically extracts the consortium member] as the lead member of the consortium, representing the consortium in the following tasks⁽³⁾:
- Use the account, digital certificate to submit the E-bid for the entire consortium.
[- Sign documents and materials to communicate with the Investor, the Bidder during the bidding process, including explanatory documents, clarifications of the E-bid, or requests to withdraw the E-bid;
- Execute bid security for the entire consortium;
- Participate in the process of document verification and contract finalization;
- Sign petition letters in case the bidder raises objections;
- Other tasks except for signing contracts ____ [specify other tasks (if any)].
2. The consortium members agree to assign responsibilities according to the table below ⁽⁴⁾:

No.	Consortium members’ names in the consortium	Tasks undertaken	Percentage of value undertaken as part of total bid price
1	Name of lead consortium member (System automatically extracts)	- ___ - ___	- ___% - ___%
2	Name of the second member	- ___ - ___	- ___% - ___%
....	....	....	......
Total		All tasks of the package	100%

Article 3. Validity of the consortium agreement
1. The consortium agreement is effective from the date of signing.
2. The consortium agreement is terminated in the following cases:
- The parties have fulfilled their responsibilities and obligations and proceed to liquidate the contract;
- The parties mutually agree to terminate;
- The consortium bidder does not win the bid;
- Cancellation of the bidding package ____ [System automatically extracts] under the project/procurement estimate ____ [System automatically extracts] as notified by the Investor or the Bidder.
The consortium agreement is established with the consent of all members.

LEGAL REPRESENTATIVE OF THE LEAD CONSORTIUM MEMBER
[confirmation, digital signature]

LEGAL REPRESENTATIVE OF THE CONSORTIUM MEMBER
[confirmation, digital signature]

Note:
(1) In case the bidding package is divided into several independent parts, the consortium agreement must clearly state the name and code of the parts that the consortium bidder participates in, specifying the common and individual responsibilities of each consortium member for the part they are bidding on.
(2) The system automatically updates regulatory legal documents in accordance with current regulations.
(3) The assignment of responsibilities includes one or more tasks as mentioned.
(4) The bidder must clearly state the specific work content and estimated corresponding value that each consortium member will perform, as well as the common and individual responsibilities of each member, including the lead consortium member. The division of work in the consortium must be based on the items listed in the bidding price table according to Form No. 12.1 (12.1A or 12.1B or 12.1C) or Form No. 12.2 (12.2A or 12.2B or 12.2C), Form No. 13 (13A or 13B) in this Chapter, or according to tasks related to the production process in the bidding price table. It is not permitted to divide tasks that are not part of these items. or not part of the production process of these items.

Form No. 04A (Scanned attachment)

BID GUARANTEE⁽¹⁾
(Applicable to independent bidders)

Beneficiary (Guarantee Recipient): ___ [enter the name and address of the Investor specified in Section 1.1 Electronic Bidding Document List or the name of the Bidder specified in Section 5.1(c) Electronic Bidding Document List]
Guarantee issue date: ___ [enter guarantee issue date]
Bid Guarantee No.: ___ [enter bid guarantee number]
Guarantor: ___ [enter name and address of the issuing institution, if not already included in the letterhead]
We have been informed that the Beneficiary is_____ [enter name of the bidder] (hereinafter referred to as the “Bidder”) who will bid to execute the package_____ [enter name of the package] under the project/procurement estimate____ [enter project/procurement estimate name] as per the Invitation to Bid/E-ITB No.____ [enter the Invitation to Bid/E-ITB number].
We commit to the Beneficiary that we guarantee the Bidder with an amount of____ [enter the amount in numbers, words, and the currency used].
This guarantee is valid for___ ⁽²⁾ days, from the date____ month___ year___⁽³⁾.
At the request of the Bidder, we, as the Guarantor, commit⁽⁴⁾ to pay the Beneficiary an amount of____ [enter the amount in numbers, words, and the currency used] upon receipt of written notice from the Beneficiary of the Bidder's violation in the following cases:
1. After the bid submission deadline and during the validity period of the E-bid, the bidder submits a letter to withdraw the E-bid or refuses to execute one or more tasks proposed in the E-bid as required by the E-Bidding Document;
2. The bidder violates the provisions of Article 16 of the Law on Bidding or violates bidding laws leading to the cancellation of the bidding as stipulated in points d and dd clause 1 Article 17 of the Law on Bidding;
3. The bidder does not implement measures to secure contract performance as stipulated in Article 68 of the Law on Bidding;
4. The bidder does not proceed or refuses to verify documents within 5 working days from the date of receiving the notice to verify documents or has verified documents but refuses to sign the verification record, except in cases of force majeure;
5. The bidder does not proceed or refuses to finalize the contract or framework agreement within 10 days from the date of receiving the bid-winning notice from the bidder, except in cases of force majeure;
6. The bidder does not proceed or refuses to sign the contract or framework agreement within 10 days from the date of finalizing the contract or framework agreement, except in cases of force majeure.
If the bidder wins the bid, this guarantee will be void immediately after the bidder signs the contract and submits the contract performance guarantee to the Beneficiary as agreed in that contract.
If the bidder does not win the bid, this guarantee will expire immediately upon our receipt of a copy of the notice of bid results or within 30 days from the expiration of the E-bid validity period, whichever comes first.
Any compensation claim under this guarantee must be submitted to our office on or before the last day of the validity period of this guarantee.

Legal representative of the bank
[enter name, title, sign and stamp]

Note:
(1) In case the bid guarantee violates any of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 of Electronic Bidding Document List, incorrect beneficiary name, not the original copy, lacking a valid signature, signed before the Investor issues the E-Bidding Document or includes conditions that are unfavorable to the Investor or the Bidder, the bid guarantee is considered invalid. This bid guarantee is irrevocable. In necessary cases for large-scale packages, to ensure the Investor's and Bidder's rights in seizing the bid security when the bidder violates the regulations stated in the bid guarantee, the Investor or Bidder may request the bidder to provide documents proving that the bid guarantee submitted in the E-bid is irrevocable.
(2) Enter according to the validity period regulation in Section 18.2 of Electronic Bidding Document List.
(3) Enter the bid closing date according to the regulation in Section 19.1 of Electronic Competitive Dialogue and Negotiated Tendering. The validity period of the bid guarantee is calculated from the bid closing date to the last day of the bid guarantee's validity (the bid guarantee's validity ends on the last valid day without needing to reach the end of 24 hours of that day).
(4) If the bid guarantee lacks one or more of the commitments listed above, it is considered a condition unfavorable to the Investor or Bidder according to Section 18.3 of Electronic Competitive Dialogue and Negotiated Tendering, and the guarantee is deemed invalid.

Form No. 04B (Scanned attachment)

BID GUARANTEE⁽¹⁾
(applicable to consortium bidders)

Beneficiary (Guarantee Recipient):___ [enter the name and address of the Investor specified in Section 1.1 of Electronic Bidding Document List or the name of the Bidder specified in Section 5.1 of Electronic Bidding Document List]
Guarantee issue date:___ [enter guarantee issue date]
BID GUARANTEE No.:___ [enter the bid guarantee number]
Guarantor:___[enter the name and address of the issuing institution, if this information is not already included in the letterhead]
We have been informed that the Beneficiary is____ [enter the name of the bidder]⁽²⁾ (hereinafter referred to as the “Bidder”) who will participate in the bidding for the package____ [enter the package name] under the project/procurement estimate ____ [enter the project/procurement estimate name] according to Invitation to Bid/E-ITB No.____ [enter the Invitation to Bid/E-ITB number].
We commit to the Beneficiary that we guarantee the Bidder’s participation in this package bidding with an amount of ____ [enter the amount in numbers, words, and the currency used].
This guarantee is valid for___⁽³⁾ days, starting from the date____ month___ year___⁽⁴⁾.
At the Bidder’s request, we, as the Guarantor, commit⁽⁵⁾ to pay the Beneficiary an amount of___ [enter the amount in numbers, words, and the currency used] upon receiving a written notice from the Beneficiary of the Bidder’s violation in the following cases:
1. After the bid closing and during the validity period of the E-bid, the bidder submits a letter withdrawing the E-bid or refuses to execute one or more of the tasks proposed in the E-bid as required by the E-Bidding Document;
2. The bidder violates the provisions of Article 16 of the Law on Bidding or violates bidding laws leading to bid cancellation as stipulated in points d and dd of Clause 1 Article 17 of the Law on Bidding;
3. The bidder does not implement the measures to secure contract performance as stipulated in Article 68 of the Law on Bidding;
4. The bidder does not proceed or refuses to verify documents within 5 working days from the date of receiving the notice for document verification or has verified the documents but refuses to sign the verification record, except in cases of force majeure;
5. The bidder does not proceed or refuses to finalize the contract or framework agreement within 10 days from the date of receiving the bid-winning notice from the bidder, except in cases of force majeure;
6. The bidder does not proceed or refuses to sign the contract or framework agreement within 10 days from the date of finalizing the contract or framework agreement, except in cases of force majeure.
7. If any member of the consortium ____ [enter the full name of the consortium bidder]violates the legal regulations leading to the forfeiture of the bid security as stipulated in Section 18.5 of Electronic Competitive Dialogue and Negotiated Tendering, the bid security of all consortium members will not be refunded.
If the bidder wins the bid, this guarantee will be void immediately after the bidder signs the contract and submits the contract performance guarantee to the Beneficiary as agreed in that contract.
If the bidder does not win the bid, this guarantee will expire immediately upon our receipt of a copy of the notice of bid results or within 30 days from the expiration of the E-bid validity period, whichever comes first.
Any compensation claim under this guarantee must be submitted to our office on or before the last day of the validity period of this guarantee.

Legal representative of the bank
[enter name, title, sign, and stamp]

Note:
(1) In case the bid guarantee violates any of the following regulations: the value is lower, the validity period is shorter than required in Section 18.2 of Electronic Bidding Document List, the wrong beneficiary name, not the original copy, lacks a valid signature, signed before the Investor issues the E-Bidding Document, or includes conditions unfavorable to the Investor or the Bidder, the bid guarantee is considered invalid. This bid guarantee is irrevocable. In necessary cases for large-scale packages, to ensure the rights of the Investor and the Bidder in seizing the bid security value when the bidder violates the regulations mentioned in the bid guarantee, the Investor or the Bidder may request the bidder to provide documents proving that the bid guarantee submitted in the E-bid is irrevocable.
(2) The bidder's name can be one of the following cases:
- The name of the entire consortium, for example, if the consortium A + B bids, the bidder's name is "Consortium Bidder A + B";
- The name of the member responsible for providing the bid guarantee for the entire consortium or for another consortium member, for example, consortium A + B + C bids, and the consortium agreement assigns bidder A to provide the bid security for the entire consortium, then the bidder's name is "Bidder A (on behalf of Consortium A + B + C)", or if bidder B is assigned to provide bid security for bidders B and C, then the bidder's name is "Bidder B (on behalf of Bidders B and C)";
- The name of a consortium member that provides the bid guarantee individually.
(3) Enter according to the validity period regulation in Section 18.2 of Electronic Bidding Document List.
(4) Enter the bid closing date according to the regulation in Section 19.1 of Electronic Competitive Dialogue and Negotiated Tendering. The validity period of the bid guarantee is calculated from the bid closing date to the last day of the bid guarantee's validity (the validity period of the bid guarantee ends on the last valid day without needing to reach the end of 24 hours of that day).
(5) If the bid guarantee lacks one or more of the commitments mentioned above, it is considered a condition unfavorable to the Investor or the Bidder according to Section 18.3 of Electronic Competitive Dialogue and Negotiated Tendering, and the guarantee is deemed invalid.

Form No. 05A (webform on the System)

SIMILAR CONTRACT EXECUTED BY THE CONTRACTOR ⁽¹⁾
(applicable to commercial bidders)

Bidder's name: _____[enter full name of the bidder]

Information about each contract must include the following details:

Contract name and number	[enter the full name of the contract, reference number]
Contract signing date	[enter day, month, year]
Completion date	[enter day, month, year]
Contract price⁽³⁾	[enter the total contract price in the signed currency]		Equivalent to ____ VND
In case of a consortium member, provide a summary of the tasks undertaken within the consortium and the value of the part of the contract that the bidder is responsible for	[enter a summary of the tasks undertaken within the consortium]	[enter the percentage of the contract value undertaken in relation to the total contract value; in the signed currency]	Equivalent to ___ VND
Project/Procurement estimate name:	[enter the full name of the project/procurement estimate related to the declared contract]
Investor’s name:	[enter the full name of the Investor in the declared contract]
Address: Telephone/fax: E-mail:	[enter the full current address of the Investor] [enter the telephone number, fax number including country and area code] [enter email address]
Description of similar nature according to Section 2.1 Chapter III⁽²⁾
1. Type of goods	[enter information in the contract]
2. Regarding the contract value performed⁽³⁾	[enter the actual contract value based on the acceptance and liquidation of the contract]
3. Regarding the execution scale	[enter information in the contract]
4. Other characteristics	[enter other information (if any)]

Note:
The bidder must carefully study the Electronic Bidding Document and propose similar contracts to ensure compliance with the Electronic Bidding Document requirements.
(1) In the case of a joint venture, each member must declare using this Form. If the bidder has multiple similar contracts, declare each contract using this Form.
(2) The bidder should only declare contents similar to the package's requirements.
(3) If the contract value is not in VND, convert it to VND according to the exchange rate specified in Section 2.1, Chapter III, for evaluation purposes.

Form No. 05B (webform on the System)

DECLARATION OF GOODS PRODUCTION CAPACITY
(applicable to bidders who are manufacturers)

Bidder's name: _____ [enter full name of the bidder].

Number of factories, production facilities (collectively called factories): ____ [Enter the number of factories]
For each factory, the bidder declares the following information:

Factory name:	[Enter factory name]
Address:	[Enter factory address]
Total investment:	[Enter total investment]
Design capacity:	[Enter design capacity]
Actual capacity:	[Enter actual capacity for the most recent year]
Production standards:	[Enter current production standards, if any]
Number of workers:	[Enter total number of workers at the factory]

Note:
In the case of a joint venture, each member of the joint venture must declare using this Form.

Form No. 06A (webform on the System)

TABLE OF PROPOSED KEY PERSONNEL

The bidder must declare key personnel as required in point a, Section 2.2, Chapter III, and must prove the readiness to mobilize these key personnel to participate in the package implementation. The key personnel may be part of the bidder's workforce or mobilized by the bidder. If the key personnel declared in the Electronic Pre-qualification application do not meet the requirements or cannot prove their ability to mobilize (including the case where the key personnel are already mobilized for another contract with overlapping work time), the Employer allows the bidder to supplement or replace them. The bidder may only supplement or replace once per key personnel position within an appropriate period, but not less than 03 working days. If the bidder has no replacement personnel meeting the Electronic Bidding Document requirements, the bidder will be disqualified. In any case, if the bidder dishonestly declares key personnel, the bidder will not be allowed to replace them, the Electronic Pre-qualification application will be disqualified, and the bidder will be considered fraudulent under Clause 4, Article 16 of the Bidding Law and will be handled according to the provisions of point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP.

No.	Full Name	Job Position
1	[The bidder selects key personnel from their database on the System]	[Specify the job position in the package]
2
…

Form No. 06B (Webform on the System)

TABLE OF PROFESSIONAL RESUMES FOR KEY PERSONNEL

Personnel Information

Current Job

No.

Name

ID/Passport

Position

Date of Birth

Certificates/Professional Qualifications

Employer Name

Employer Address

Job Title

Years with Current Employer

Contact Person (HR Manager/Officer)

Phone/Fax/Email

[Enter name of key personnel 1]

[Enter name of key personnel 2]

…

[Enter name of key personnel n]

The bidder must provide all the requested information and prepare documents for verification (certified copies of relevant diplomas and certificates) during the document review process.

Form No. 06C (Webform on the System)

TABLE OF PROFESSIONAL EXPERIENCE
No.	Name of Key Personnel	From Date	To Date	Company/Project/Position/Contract/ Relevant Professional and Managerial Experience
1	[Enter name of key personnel 1]	…	…	…


2


…	…

The bidder must prepare documents proving the declared information for verification during the document review process.

Form No. 07 (webform on the System)

CONTRACTS FOR SUPPLY OF GOODS, EPC, EP, PC, TURNKEY PROJECTS NOT COMPLETED DUE TO CONTRACTOR'S FAULT IN THE PAST⁽¹⁾

Bidder's name: ________________
Date: ______________________
Name of the joint venture member (if any):________________________

Contracts for supply of goods, EPC, EP, PC, turnkey projects not completed due to bidder's fault in the past as stipulated in Section 2.1 Chapter III
¨ No contracts for supply of goods, EPC, EP, PC, turnkey projects not completed due to bidder's fault since January 01, ___ [enter year] as stipulated in Evaluation Criterion 1 of the Table of Capacity and Experience Evaluation Criteria in Section 2.1 Chapter III. ¨ There are contracts for supply of goods, EPC, EP, PC, turnkey projects not completed due to bidder's fault since January 01, ___ [enter year] as stipulated in Evaluation Criterion 1 of the Table of Capacity and Experience Evaluation Criteria in Section 2.1 Chapter III.
Year	Part of the contract not completed	Contract Description	Total contract value (value, currency type, exchange rate, VND equivalent)
		Contract description: __________________ Client Name: ___________________ Address: _________________________ Reason for contract incompletion: _______________________

Note:
(1) The bidder must accurately and truthfully declare any contracts for the supply of goods, EPC, EP, PC, turnkey projects that were not completed due to the bidder's fault in the past. If the Bid Solicitor discovers that the bidder had uncompleted contracts for the supply of goods, EPC, EP, PC, or turnkey projects in the past due to the bidder's fault and did not declare them, the bidder will be deemed to have engaged in fraudulent behavior, and their Electronic Pre-qualification application will be disqualified. In the case of a joint venture bidder, each member of the joint venture must declare according to this form.

Form No. 08 (webform on the System)

FINANCIAL STATUS OF THE BIDDER(1)
bidder's name: ________________
Date: ______________________
Name of the joint venture member (if applicable): _________________________

	bidder's financial year from ___ month ___ to ___ month ____ (bidder fills out this section)
	Financial data for the most recent years as required by the Electronic Bidding Document (System will automatically extract based on the bidder's financial year)
	Year 1:	Year 2:	Year 3:
Total assets
Total liabilities
Net asset value
Annual revenue (excluding VAT)
Average annual revenue (excluding VAT) ⁽²⁾	(System will automatically calculate)
Profit before tax
Profit after tax

Note:
(1) In the case of a joint venture, each member must declare according to this form.
(2) To determine the average annual revenue (excluding VAT), the bidder divides the total revenue of the years (excluding VAT) by the number of years based on the information provided.
Annual revenue is calculated based on the total revenue in the financial report of that year (excluding VAT).
Average annual revenue (excluding VAT) = total annual revenue (excluding VAT) as required by the E-Bid/number of years..
In the case of a newly established bidder without the required number of years, the average annual revenue (excluding VAT) is calculated based on the number of years for which the bidder has financial data..
Annual revenue (excluding VAT) is extracted from the bidder's capacity profile. If the bidder finds that the annual revenue (excluding VAT) in the bidder's profile has not been updated from the Electronic Tax System and the National Business Registration Information System, the bidder must update the information on annual revenue (excluding VAT) in the capacity profile to participate in the bidding but must ensure consistency with the data declared in the Electronic Tax System at the time of bid closure. In this case, the bidder must prepare the documents to verify the declared information during the document verification process as follows:
Copies of financial reports (balance sheets including all relevant notes, and income statements) for the years mentioned, complying with the following conditions:
1. Reflect the financial situation of the bidder or joint venture member (in the case of a joint venture) and not the financial situation of a related entity such as a parent company or affiliated company with the bidder or joint venture member.
2. Financial reports must be complete, with full content as required.
3. Financial reports must correspond to the completed accounting periods and include a certified copy of one of the following documents:
- Tax settlement audit report;
- Self-declared tax returns (VAT and corporate income tax) with confirmation from the tax authority on the filing date;
- Documents proving that the bidder has filed the electronic tax settlement;
- Confirmation from the tax authority (annual payment confirmation) regarding tax obligations;
- Audit report (if applicable);
- Other documents.
The above documents must be consistent with the data declared by the bidder on the Electronic Tax System at the time of bid closure.

Form No. 09A (webform on the system)

SCOPE OF WORK FOR SUBCONTRACTORS⁽¹⁾
(only applicable to relevant services)

No.	Subbidder's Name⁽²⁾	Scope of Work⁽³⁾	Workload⁽⁴⁾	Estimated % Value⁽⁵⁾	Contract or Agreement with Subbidder⁽⁶⁾
1
2
3
4
…

Notes:
(1) If subbidders are used to perform related services, declare as per this form.
(2) The bidder must specify the name of the subbidder. In case the identity of the subbidder is not yet determined at the time of bidding, this column can be left blank, and only the "Scope of Work" column is to be filled. If the bidder wins the bid, the subbidder engaged to perform the declared work must be approved by the Investor.
(3) The bidder must specify the item of work assigned to the subbidder.
(4) The bidder must specify the workload for the subbidder.
(5) The bidder must specify the % value of the work the subbidder is responsible for, relative to the bid price.
(6) The bidder must specify the contract number or agreement and attach scanned copies of these documents in the Electronic Pre-qualification application.

Form No. 09B (webform on the System)

LIST OF SUBSIDIARIES, AFFILIATE COMPANIES

UNDERTAKING PARTS OF THE PACKAGE⁽¹⁾

No.	Subsidiary or Affiliate Company Name⁽²⁾	Scope of Work in the Package⁽³⁾	Value % compared to bid price⁽⁴⁾	Notes
1
2
…

Notes:
(1) In the case where the bidder participating in the bid is a parent company (e.g., a Corporation) that engages a subsidiary or affiliate to perform part of the work in the package, it must be clearly declared in this table. The bidder's experience will be evaluated based on the value and workload handled by the parent company, subsidiary, or affiliate in the package. If the bidder is not a parent company, this form is not applicable.
(2) Specify the name of the subsidiary or affiliate company.
(3) Specify the part of the work handled by the subsidiary or affiliate company.
(4) Specify the % value of the work the subsidiary or affiliate company handles compared to the bid price.

Form No. 10A (webform on the System)

SUPPLY SCHEDULE TABLE^(*)

The bidder proposes the supply schedule in accordance with the Investor's requirements.

No.	List of Goods	Unit	Quantity	Project Location	Delivery Date		Bidder's Proposed Delivery Date [indicate the number of days: from the contract effective date or from the investor's delivery request for multiple deliveries]
No.	List of Goods	Unit	Quantity	Project Location	Earliest Delivery Date [indicate the number of days: from the contract effective date or from the investor's delivery request for multiple deliveries]	Latest Delivery Date [indicate the number of days: from the contract effective date or from the investor's delivery request for multiple deliveries]
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
3
…

Note:
Columns (1) (2) (3)(4) (5) (6) (7): Automatically extracted by the system. For centralized procurement applied based on supply capability, the bidder fills in column (4).
Column (8): To be filled in by the bidder
⁽*⁾ Goods must be delivered within the specified time in the E-Bid Document. If the bidder proposes a delivery time earlier than the earliest delivery date, it will not receive priority and will not be disqualified, unless specified otherwise in the technical requirements. If the bidder proposes a delivery time later than this period, the bidder's E-Bid Document will be disqualified.

Form No. 10B (webform on the System)

CONTRACTOR'S PROPOSAL FOR GOODS

No.	List of Goods	Code/Model	Brand	Year of Manufacture	Origin (Country, Territory of Manufacture)	Manufacturer	Configuration, Basic Technical Features	Unit	Quantity	HS Code
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
2	Goods Item 2
…
n	Goods Item n

Note:
- Columns (2), (9), (10): Automatically extracted by the system. For centralized procurement applying supplier selection based on delivery capability, column (10) is filled in by the supplier.
- Columns (3), (4), (5), (6), (7), (8): To be filled in by the supplier. If the supplier does not specify model codes, brand names, origin, or manufacturer, their Electronic Pre-qualification application will not be considered or evaluated.
- Column (11): Automatically extracted by the system (if available). If this column is blank and the supplier knows the HS code of the goods, they should list it.
- The supplier's proposal in this Form will be transferred to Form 12.1 (12.1A, 12.1B, or 12.1C) or 12.2 (12.2A, 12.2B, or 12.2C).

Form No. 11.1 (webform on the system)

SUMMARY OF BID PRICES
(In case Electronic Bidding Document requires bidding according to Form No. 12.1 in this Chapter)

I. Summary of bid prices applicable to lump-sum contracts

No.	Content	Bid Price
1	Bid price of goods	(M) [System extracted from Form 12.1A]
2	Related services	(I) [System extracted from Form 13A]
	Total bid price (Transferred to the bidding sheet)	*(M) + (I)* [System calculated]

II. Summary of bid prices applicable to unit price contracts

No.	Content	Bid Price
1	Bid price of goods	(M) [System extracted from Form 12.1B]
2	Related services	(I) [System extracted from Form 13A]
3	Contingency costs	(C)=a% x ((M)+(I)) [System calculated]
	Total bid price (Transferred to the bidding sheet)	*(M) + (I) + (C)* [System calculated]

Form No. 11.2 (webform on the System)

SUMMARY OF BID PRICES
(In case Electronic Bidding Document requires bidding according to Form No. 12.2 in this Chapter)

I. Summary of bid prices applicable to lump-sum contracts

No.	Content	Bid Price
1	Locally manufactured goods	(M1) [System extracted from Form 12.2A]
2	Overseas manufactured goods	(M2) [System extracted from Form 12.2A]
3	Related services	(I) [System extracted from Form 13A]
	Total bid price (Transferred to the bidding sheet)	*(M1) + (M2) + (I)* [System calculated]

II. Summary of bid prices applicable to unit price contracts

No.	Content	Bid Price
1	Locally manufactured goods	(M1) [System extracted from Form 12.2B]
2	Overseas manufactured goods	(M2) [System extracted from Form 12.2B]
3	Related services	(I) [System extracted from Form 13A]
4	Contingency costs	(C)=a% x ((M1)+(M2)+(I))
	Total bid price (Transferred to the bidding sheet)	*(M1) + (M2) + (I) + (C)* [System calculated]

III. Summary of bid prices applicable to hybrid contracts

No.	Content	Bid Price
I	Goods and related services prices applicable to lump-sum contracts	*G1=(M1)+(M2)+(I1)*
1.1	Locally manufactured goods	(M1) [System extracted from Form 12.2C]
1.2	Overseas manufactured goods	(M2) [System extracted from Form 12.2C]
1.3	Related services	(I1) [System extracted from Form 13B]
II	Goods and related services prices applicable to unit price contracts	*G2=(X1)+(X2)+(I2)+(C)*
2.1	Locally manufactured goods	(X1) [System extracted from Form 12.2C]
2.2	Overseas manufactured goods	(X2) [System extracted from Form 12.2C]
2.3	Related services	(I2) [System extracted from Form 13B]
2.4	Contingency costs	(C)=a%x((X1)+(X2)+(I2))
	Total bid price (Transferred to the bidding sheet)	*(G1) + (G2)* [System calculated]

Form No. 12.1A (webform on the System)

BID PRICE TABLE FOR GOODS
(applicable to lump-sum contracts)

No.

List of goods

Item code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit of measurement

Quantity

HS Code

Unit bid price
(including taxes, fees, and charges (if any))

Total amount
(including taxes, fees, and charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Item 1

….

Item n

Total bid price of goods, including taxes, fees, and charges (if any)

(M)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): System automatically extracts. For centralized procurement applying bidder selection based on supply capability, column (10) is filled in by the bidder.
(12): Filled in by the bidder;
(13): System automatically calculates. The total price (M), including taxes, fees, and charges (if any), is the basis for comparison and ranking of bidders.

Form No. 12.1B (webform on the system)

BID PRICE TABLE FOR GOODS
(applies to unit price contracts)

No.

Goods list

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Quantity

HS Code

Bid price
(including taxes, fees, charges (if any))

Total amount
including taxes, fees, charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Item 1

….

Item n

Total bid price of goods including taxes, fees, charges (if any)

(M)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement applying bidder selection based on supply capacity, column (10) is to be filled by the bidder.
(12): Filled by the bidder;
(13): Automatically calculated by the system. The total price (M) including taxes, fees, charges (if any) is the basis for comparing and ranking bidders.

Form No. 12.1C (webform on the System)

BID PRICE TABLE FOR GOODS
(applied for mixed contract type)

I. Goods applied for lump-sum contract type

No.

List of goods

Code

Brand

Year of production

Origin (country, territory of production)

Manufacturer

Configuration, basic technical features

Unit

Quantity

HS Code

Bid unit price
(including taxes, fees, charges (if any))

Total amount
including taxes, fees, charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Goods item 1

….

Goods item n

Total bid price of goods including taxes, fees, charges (if any)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement applying bidder selection based on supply capacity, column (10) is to be filled by the bidder.
(12): Filled by the bidder;
(13): Automatically calculated by the system. The total price (M1), including taxes, fees, charges (if any), serves as the basis for comparing and ranking bidders.

II. Goods applied for unit price contract type

No.

Goods list

Code

Brand

Year of production

Origin (country, territory)

Manufacturer

Basic configuration and technical features

Unit

Quantity

HS Code

Bid unit price
(including taxes, fees, charges (if any))

Total amount
including taxes, fees, charges (if any))

Goods item n

Total bid price of goods including taxes, fees, charges (if any)

(M1)

II. Goods applying unit price contracts

No.

List of goods

Code

Brand

Year of manufacture

Origin (country, territory)

Manufacturer

Basic configuration and technical features

Unit

Quantity

HS Code

Bid unit price
(including taxes, fees, charges (if any))

Total amount
(including taxes, fees, charges (if any))

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

Goods no. 1

….

Goods no. n

Total bid price of goods, including taxes, fees, charges (if any)

(M2)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): System auto-generated. For centralized procurement applying bidder selection based on supply capacity, column (10) to be filled in by the bidder.
(12): Filled in by the bidder;
(13): System auto-calculates. The total amount (M2), including taxes, fees, charges (if any), is the basis for comparison and ranking of bidders.

Form No. 12.2A (webform on the System)

BID PRICE TABLE FOR GOODS
(applicable to lump-sum contracts)

I. Goods produced, processed in Vietnam

No.

Goods category

Code/Marking

Brand

Year of production

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Quantity
[as per scope of supply]

HS Code

EXW Unit Price

Price
EXW

Transportation, insurance and other service costs(including VAT) to transport goods to the project site

Total Amountexcluding special consumption tax (if any), VAT

Special consumption tax (if any), VAT payable in case the bidder is awarded the contract

Total amount including special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): System auto-generated.For centralized procurement applying bidder selection based on supply capacity, column (10) is to be filled in by the bidder.
(12), (14), (16): Filled in by the bidder;
(13), (15), (17): System auto-calculates. The total amount (M^*) excluding special consumption tax (if any), VAT is the basis for comparison and ranking of bidders. The special consumption tax (if any), VAT value (column 16) will not be considered in the evaluation process to compare and rank bidders. The proposed bid price and contract price must include the special consumption tax (if any), VAT.

II. Goods produced, processed abroad, already imported or to be imported into Vietnam

No.

Goods category

Code/Marking

Brand

Year of production

Origin (country, territory)

Manufacturer

Configuration, basic technical features

Unit

Quantity

HS Code

Unit price including taxes, fees, charges related to import

Taxes, fees, charges related to import for each unit of goods

Unit price excluding taxes, fees related to import

Price per item excluding taxes, fees, charges related to import

Transportation, insurance and other service costs (including VAT) in Vietnam to transport goods to the project site

Total amount excluding taxes, fees, charges related to import, special consumption tax (if any), VAT

Taxes, fees, charges related to import for each item

Special consumption tax (if any), VAT

Total amount including taxes, fees, charges related to import, special consumption tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Total

(M^*)

(M2)

Note:
Column (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Automatically extracted by the system. For centralized procurement applying bidder selection according to supply capability, column (10) is filled in by the bidder.
(12), (13), (16), (19): Filled in by the bidder;
(14), (15), (17), (18), (20): Automatically calculated by the system; Total (M*) does not include taxes, fees, or charges related to import duties, special consumption taxes (if applicable), VAT, and is the basis for comparing and ranking bidders. The value of taxes, fees, or charges related to import duties (column 18) and special consumption taxes (if applicable), VAT (column 19) will not be considered in the evaluation process for comparison and ranking. The awarded bid price and contract price must include the value of taxes, fees, or charges related to import duties, special consumption taxes (if applicable), and VAT.

Form No. 12.2B (webform on the System)

BID PRICE TABLE FOR GOODS
(applicable to unit price contracts)

I. Goods manufactured, processed in Vietnam

No.

Goods Category

Code

Brand

Year of Manufacture

Origin (country, territory)

Manufacturer

Basic configuration, technical features

Unit

Quantity
[according to scope of supply]

HS Code

EXW Price

Transportation, insurance, and other services costs (VAT included) to deliver the goods to the project site

Total excluding special consumption taxes (if any), VAT

Special consumption taxes (if any), VAT payable if the bidder is awarded the contract

Total including special consumption taxes (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Automatically extracted by the system. For centralized procurement applying bidder selection according to supply capacity, column (10) is filled in by the bidder.
(12), (14), (16): Filled in by the bidder;
(13), (15), (17): Automatically calculated by the system. The total (M^*) does not include special consumption taxes (if applicable) or VAT and serves as the basis for comparing and ranking bidders. The value of special consumption taxes (if applicable) or VAT (column 16) will not be considered in the evaluation process for comparison and ranking. The bid award price and contract price must include the value of special consumption taxes (if applicable) and VAT.

II. Goods manufactured or processed abroad that have been imported or will be imported into Vietnam

No.

Goods Category

Code

Brand

Year of Manufacture

Origin (country, territory)

Manufacturer

Basic configuration, technical features

Unit

Quantity

HS Code

Unit price including taxes, fees, and charges related to import duties

Taxes, fees, and charges related to import duties per unit of goods

Unit price excluding taxes, fees related to import duties

Total per item excluding taxes, fees, charges related to import duties

Transportation, insurance, and other services costs (VAT included) in Vietnam to deliver the goods to the project site

Total excluding taxes, fees, charges related to import duties, special consumption taxes (if applicable), VAT

Taxes, fees, charges related to import duties per item

Special consumption taxes (if applicable), VAT

Total including taxes, fees, charges related to import duties, special consumption taxes (if applicable), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Total

(M^*)

(M2)

Note:
Columns (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Automatically extracted by the system. For centralized procurement applying bidder selection based on supply capability, column (10) is filled by the bidder.
(12), (13), (16), (19): Filled by the bidder;
(14), (15), (17), (18), (20): Automatically calculated by the system; The total amount (M*) excludes taxes, fees, and charges related to import duties, special consumption taxes (if applicable), and VAT, which serve as the basis for comparing and ranking bidders. The value of taxes, fees, and charges related to import duties (column 18) and special consumption taxes (if applicable), VAT (column 19) will not be considered during the evaluation process for comparing and ranking bidders. The proposed winning bid price and contract price must include the value of taxes, fees, and charges related to import duties, special consumption taxes (if applicable), and VAT.

Form No. 12.2C (webform on the System)

BID PRICE TABLE FOR GOODS
(applying mixed contract type)

I. Items applying the lump sum contract type
I.1. Goods manufactured, processed in Vietnam

No.

Goods List

Code

Brand

Year of Manufacture

Origin (Country/Territory)

Manufacturer

Basic configuration, technical features

Unit

Quantity
[specify according to the supply scope]

HS Code

EXW Unit Price

EXW Price

Transportation, insurance, and other services costs(including VAT) to deliver the goods to the project site

Total Price (excluding special consumption tax (if applicable), VAT)

Special consumption tax (if applicable), VAT to be paid if awarded the contract

Total Price including special consumption tax (if applicable), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(M^*)

(M1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement applying bidder selection according to supply capability, column (10) is filled in by the bidder.
(12), (14), (16): Filled by the bidder;
(13), (15), (17): The system automatically calculates. Amount (M^*) does not include special consumption tax (if any), VAT is the basis for comparison and ranking of bidders. Special consumption tax (if any) and VAT (column 16) will not be considered during the evaluation for comparison and ranking of bidders. The proposed winning bid and contract price must include special consumption tax (if any) and VAT.
I.2. Goods manufactured or processed abroad that have been or will be imported into Vietnam

No.

List of Goods

Code/Model

Brand

Year of Manufacture

Origin (Country, Region)

Manufacturer

Configuration, Basic Technical Features

Unit of Measure

Weight

HS Code

Unit Price Including Taxes, Fees, and Related Import Charges

Taxes, Fees, and Related Import Charges for One Unit of Goods

Unit Price Excluding Taxes, Fees, and Related Import Charges

Price Per Item Excluding Taxes, Fees, and Related Import Charges

Transportation, Insurance, and Other Services (Including VAT) in Vietnam to Deliver Goods to the Project Site

Total Price Excluding Taxes, Fees, and Related Import Charges, Special Consumption Tax (if any), VAT

Taxes, Fees, and Related Import Charges for Each Item

Special Consumption Tax (if any), VAT

Total Price Including Taxes, Fees, Related Import Charges, Special Consumption Tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Total

(M^*)

(M2)

Note:
Columns (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement applying bidder selection based on supply capacity, column (10) is filled in by the bidder.
(12), (13), (16), (19): filled by the bidder;
(14), (15), (17), (18), (20): The system automatically calculates; Amount (M*) does not include taxes, fees, import charges, special consumption tax (if any), and VAT, which is the basis for comparison and ranking of bidders. The value of taxes, fees, import charges (column 18) and special consumption tax (if any), VAT (column 19) will not be considered in the evaluation for comparison and ranking of bidders. The proposed winning bid and contract price must include the value of taxes, fees, import charges, special consumption tax (if any), and VAT.

II. Goods Applying Unit Price Contracts
II.1. Goods Manufactured or Processed in Vietnam

No.

List of Goods

Code/Model

Brand

Year of Manufacture

Origin (Country, Region)

Manufacturer

Configuration, Basic Technical Features

Unit of Measure

Weight
[as per scope of supply]

HS Code

EXW Unit Price

EXW Total

Transportation, Insurance, and Other Services(Including VAT) to Deliver Goods to Project Site

Total Amount excluding Special Consumption Tax (if any), VAT

Special Consumption Tax (if any), VAT Payable in Case of Contract Award

Total Amount Including Special Consumption Tax (if any), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)=(10)x(12)

(14)

(15)=(13)+(14)

(16)

(17)=(15)+(16)

Total

(X^*)

(X1)

Note:
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): The system automatically extracts. For centralized procurement applying bidder selection based on supply capacity, column (10) is filled in by the bidder.
(12), (14), (16): Filled by the bidder;
(13), (15), (17): The system automatically calculates. The total amount (X^*) does not include special consumption tax (if any), VAT and is the basis for comparing and ranking bidders. The value of special consumption tax (if any), VAT (column 16) will not be considered during the evaluation process for comparison and ranking of bidders. The proposed winning bid and contract price must include the value of special consumption tax (if any), VAT.

II.2. Goods Manufactured Abroad That Have Been or Will Be Imported into Vietnam

No.

Product Category

Code

Brand

Year of Manufacture

Origin (Country, Region)

Manufacturer

Basic Configuration, Technical Features

Unit of Measure

Weight

HS Code

Price Including Taxes, Fees, Duties Related to Import

Taxes, Fees, Duties Related to Import for a Single Unit

Unit Price Excluding Taxes, Fees Related to Import

Price for Each Category Excluding Taxes, Fees, Duties Related to Import

Shipping, Insurance, and Other Service Costs (Including VAT) in Vietnam to Transport Goods to the Project Site

Total Amount Excluding Taxes, Fees, Duties Related to Import, Special Consumption Tax (if applicable), VAT

Taxes, Fees, Duties Related to Import for Each Category

Special Consumption Tax (if applicable), VAT

Total Amount Including Taxes, Fees, Duties Related to Import, Special Consumption Tax (if applicable), VAT

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) =(12)-(13)

(15) =(10)x(14)

(16)

(17) =(15)+(16)

(18) =(10)x(13)

(19)

(20) =(17)+(18)+(19)

Tổng

(X^*)

(X2)

Note:
Columns (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11): Automatically extracted by the system. For centralized procurement applying bidder selection based on supply capability, column (10) is filled in by the bidder.
(12), (13), (16), (19): filled in by the bidder;
(14), (15), (17), (18), (20): Automatically calculated by the system; Total price (X*) excludes taxes, fees, and charges related to import duties, special consumption tax (if applicable), and VAT. This is the basis for comparing and ranking bidders. The values of taxes, fees, and charges related to import duties (column 18), special consumption tax (if applicable), and VAT (column 19) will not be considered during the evaluation for comparison and ranking of bidders. The recommended bid price and contract price must include the value of taxes, fees, and charges related to import duties, special consumption tax (if applicable), and VAT.

Form No. 13A (webform on the System)

BID PRICE TABLE FOR RELATED SERVICES
(applicable to lump-sum contracts and unit price contracts)

No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	Total
No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	(Column 3x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
..
Total bid price for related services including taxes, fees, and charges (if applicable)							(I)

Note:
- Columns (1) to (6): System automatically extracts. For centralized procurement applying bidder selection based on supply capability, column (3) is filled in by the bidder.
- Column (7): Bidder proposes (including all taxes, fees, and charges).
- Column (8): System automatically calculates.

Form No. 13B (webform on the System)

BID PRICE TABLE FOR RELATED SERVICES
(applies to mixed contract types)

I. Related services under lump-sum contracts

No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	Total
No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	(Column 3x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
..
Total bid price for related services including taxes, fees, and charges (if applicable)							(I1)

II. Related services under unit price contracts

No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	Total
No.	Service Description	Bid Invitation Quantity	Unit of Measure	Service Location	Service Completion Date	Bid Unit Price	(Column 3x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1
2
..
Total Bid Price for Related Services Including Taxes, Fees, and Charges (if any)							(I2)

Note:
- Columns (1) to (6): System-generated. For centralized procurement applying supplier selection based on supply capability, column (3) is filled by the bidder.
- Column (7): Bidder's offer (including all taxes, fees, and charges).
- Column (8): System-calculated.

Form No. 14A (webform on the System)

TABLE OF MATERIALS, SPARE PARTS PRICES
(applied in case the bidder is required to propose)

No.	Item List	Unit	Quantity	Part No., Brand, Manufacturer, Origin	Supplier	Unit Price	Total Price (including tax) (column 4x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)


Total (Do not transfer the value in this table to the bid price summary table)

Note:
- The bidder fills in columns (1) to (8). The bidder must propose and quote prices for materials and spare parts as guided in Section 15.8 Electronic Competitive Dialogue and Negotiated Tendering and Section 4 Chapter III. For centralized procurement applying supplier selection based on supply capability, column (4) is filled by the bidder.
- The total cost of the above materials and spare parts will be added to the bidder's bid price to serve the comparison of Electronic Pre-qualification application, ranking the bidders, and as a basis for the Purchaser to procure during contract performance. The bidder is responsible for providing materials and spare parts as committed, with prices not exceeding the proposed prices in this table during contract performance.

Form No. 14B (webform on the System)

TABLE OF MATERIALS AND SPARE PARTS PRICES
(applied in case required by the Purchaser)

No.	Item List	Unit	Quantity	Part No., Brand, Manufacturer, Origin	Supplier	Unit Price	Total Price (including tax) (column 4x7)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)


Total (Do not transfer the value in this table to the bid price summary table)

Note:
- Columns (1) (2) (3) (4): System-generated. For centralized procurement applying supplier selection based on supply capability, column (4) is filled by the bidder.
- The bidder fills in columns (5), (6), (7), (8).
- The total cost of the above-mentioned materials and spare parts will be added to the bidder’s bid price to serve the comparison of Electronic Pre-qualification application, ranking the bidders, and as a basis for the Purchaser to procure during contract performance. The bidder is responsible for providing materials and spare parts as committed, with prices not exceeding the proposed prices in this table during contract performance.

Form No. 15A (webform on the System)

DECLARATION OF GOODS ELIGIBLE FOR PREFERENTIAL TREATMENT⁽¹⁾

The bidder is eligible for preferential treatment only for the contents declared in the table below. If the bidder does not select, they will not be eligible for preferential treatment for this content.

No.	Goods Name	Origin [enter the country name, territory, part number, brand, manufacturer]	Goods with domestic production cost from 30% or more		Goods from a manufacturer with at least 50% of workers being disabled, war veterans, or ethnic minorities with a labor contract for a duration of 3 months or more, and the contract is still valid at the time of bid submission	Goods are innovative products defined in Clause 4 Article 5 of Decree No. 24/2024/NĐ-CP, first produced and eligible for market entry within the last 6 years	Declaration of domestic cost
No.	Goods Name		Proportion of domestic production cost under 50%	Proportion of domestic production cost over 50%			As per Form 15B	As per Form 15C
	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1	First product		□	□	□	□	□	□
2	Second product		□	□	□	□	□	□
…	…
n	Product n		□	□	□	□	□	□
			□	□

          Note:
          (1), (2): The system automatically extracts from Form 12.1 or Form 12.2.
          (3), (4), (5), (6): The bidder checks the corresponding box for each type of product. (If the bidder checks column (3) or (4), the system allows them to select columns (5), (6), (7), (8)).
          (7), (8): For products with domestic production costs of 30% or more, the bidder chooses to declare domestic production costs using Form 15B (for foreign-import costs) or Form 15C (for domestic production costs in Vietnam).

Form 15B (webform on the System)

DECLARATION FORM DOMESTIC PRODUCTION COSTS FOR GOODS ELIGIBLE FOR PREFERENTIAL TREATMENT
(for foreign-import cost declaration)


No.	Product Name	Quoted Price of Product in E-Bid	Tax Value	Declaration of Foreign Costs	Domestic Production Costs	Percentage of Domestic Production Costs
No.	Product Name	(I)	(II)	(III)	*G = (I) – (II) – (III)**	D(%)=G*/G Where G = (I) – (II)
	(1)	(2)	(3)	(4)	(5)	(6)
1	First product
2	Second product
…	…
n	Product n

Notes: (1): The system automatically extracts the products that the bidder selected in column (7) of Form 15A. (2): The system automatically extracts the unit price offered by the bidder (unit price includes all taxes, fees, and charges (if any)). (3), (4): The bidder declares these. (5), (6): The system automatically calculates these.

Form 15C (webform on the System)

DECLARATION OF DOMESTIC PRODUCTION COSTS FOR GOODS ELIGIBLE FOR PREFERENTIAL TREATMENT⁽¹⁾
(in case of declaring domestic production costs in Vietnam)

No.	Product Name	The bidder is a trader		The bidder is a manufacturer	Domestic production costs	Percentage of domestic production costs
						The bidder is a trader	The bidder is a manufacturer
		Quoted price of product (I)	Tax value⁽²⁾ (II)	Ex-works price (EXW price) of the product (G)	G*	D(%)=G*/G Where G = (I) – (II)	*D(%)=G/G**
	(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	First product
2	Second product
…	…
n	Product n

Note:
(1) The system automatically extracts the goods selected by the bidder in column (8) of Form No. 15A
In the case where the bidder is a trader, the system extracts the quoted price of the goods, and the bidder declares domestic production costs and tax values.
In the case where the bidder is a manufacturer, the system extracts the ex-works price, and the bidder declares domestic production costs.

Part 2. TECHNICAL REQUIREMENTS
Chapter V. TECHNICAL REQUIREMENTS

Section 1. Technical Requirements
Technical requirements include purely technical specifications and other requirements related to the provision of goods (excluding price). Technical requirements must be stated fully, clearly, and specifically as a basis for the bidder to prepare the Electronic Pre-qualification application.
The technical requirements must not impose conditions aimed at limiting the participation of bidders or giving an advantage to one or more bidders, creating unfair competition, and should not set excessively high requirements leading to increased bid prices or limiting bidder participation, and must not specify a specific brand name, model, or trademark for goods.
In case it is not possible to describe goods in detail according to technical characteristics, performance, technology design, or technology standards, it is allowed to state a specific brand, catalog for reference or illustration of the technical requirements of the goods, but the term "or equivalent" must be included after the brand or catalog, along with a clear definition of the equivalence in terms of technical characteristics, performance, technology design, technology standards, and other content (if any) to facilitate the bidder in preparing the Electronic Pre-qualification application, without specifying equivalence in terms of origin.
The technical requirements include the following main contents:
1.1. General introduction about the project/procurement estimate, bidding package
This section provides a summary of the project/procurement estimate and bidding package such as the location of the project/procurement estimate, the scale of the project/procurement estimate, requirements for supplying goods within the package, the execution time of the package, and other information depending on the nature and requirements of the package.
1.2. Technical requirements
Technical requirements include general technical requirements and detailed technical requirements for goods within the scope of supply of the package, specifically:
a) General technical requirements include requirements for types, standards of goods, and requirements for inspection, testing, packaging, transportation, and climatic conditions where the goods are to be used. Depending on the complexity of the goods, general technical requirements may be stated for all goods or for each type of good separately.
b) Specific technical requirements such as functions, specifications, drawings, catalogs, and warranty information are stated for each type of good. When stating requirements, technical specifications may be described in tabular form. The purpose of the Specifications section is to determine the technical characteristics of the goods and related services required for the package. The investor must draft the Specifications section in detail based on consideration of the following factors:
- Specifications include standards that serve as a basis for the investor and the procuring entity to verify technical compliance and evaluate the Electronic Pre-qualification application. Therefore, if the specifications are fully and clearly defined, they will help the bidder prepare a well-compliant Electronic Pre-qualification application, and also assist the procuring entity in researching, evaluating, and comparing Electronic Pre-qualification applications.
- The specifications require that all goods and materials used for the goods must be new, unused, and incorporate the latest improvements in design and materials, unless otherwise specified in the contract.
- The specifications must be general enough to avoid restrictions related to the commonly used workmanship and materials for producing goods of a similar type.
- The specifications must fully describe the relevant requirements and are not limited to the following:
+ Standards for materials, supplies, and workmanship required for the production of goods;
+ Detailed testing requirements (types and number of tests);
+ Other supplementary works and/or related services necessary for full delivery/completion;
+ Specific activities that the Bidder must perform and the participation of the Investor;
+ A list of functional warranty requirements and compensation terms if such warranty requirements are not met.
- The specifications must clearly state all functional and technical requirements, including maximum and minimum guaranteed or accepted values, as applicable. If necessary, the Investor, the Tenderer must provide a special form for the Bidder to detail the functional and technical characteristics of the goods compared to the guaranteed or accepted values.
- Delivery schedule, service completion dates as required in Form 01A and Form 01B Chapter IV.
If the Investor requires the bidder to provide in their Electronic Pre-qualification application part or all of the specifications, technical tables, or other technical information, the Investor must specify the nature and extent of the required information and how it should be presented in the Electronic Pre-qualification application.
[If a summary of the specifications is required, the Investor should enter the information in the table below. The bidder will prepare a similar table to demonstrate that the goods offered by the bidder comply with these requirements].
Summary of the technical specifications of the goods, related services. The goods, related services must comply with the following specifications and standards:

Item No.	Name of goods/related services	Specifications and standards
[enter item number]	[enter name]	[enter specifications and standards]

Detailed technical specifications and standards (when necessary).
[Detailed description of technical specifications] ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1.3. Other requirements
- Other technical requirements, including requirements for payment methods, financial supply (if any), and related services such as installation, maintenance, initial repair, installation insurance, repair insurance, or provision of other after-sales services such as training, technology transfer, etc. (if any). These requirements must be detailed for bidders to prepare their Electronic Pre-qualification application.
- Sustainable procurement: requirements may include environmentally friendly goods, social products, services certified with eco-labels, energy labels, or equivalent (if any), such as: energy or water-saving usage, less harmful emissions, non-toxic, environmentally friendly; goods produced without violating social responsibility or from sustainable, organic sources, recycled materials; using green packaging materials for goods; fuel-saving, minimizing noise pollution, using reusable containers for transporting goods; emission levels, waste, environmental pollution, minimizing environmental impact on the surrounding community; commitment to retrieval or recycling when goods are no longer in use...
- Depending on each package, the bidder may be required to propose an alternative plan in addition to the main plan as per the Electronic Bidding Document's requirements. The alternative plan will only be considered during document comparison if the bidder is proposed to win the bid based on the main plan, or in the case where no bidders meet the Electronic Bidding Document requirements in the evaluation of the Electronic Pre-qualification applications submitted with the main plan.
Section 2. Drawings
This Electronic Bidding Document includes drawings listed below [if no drawings are attached, clearly state “No drawings”]:

List of drawings
Drawing No.	Drawing Name	Purpose of Use

In case drawings are included, they must be attached.
Section 3. Inspection and Testing
The inspections and tests required include: ____ [list inspections and tests].

Part 3A. CONTRACT CONDITIONS
Chapter VI. GENERAL CONDITIONS OF CONTRACT

1. Definitions	In this contract, the following terms are understood as follows: 1.1. “Owner” is the organization specified in Electronic General Terms and Conditions of the ContractT; 1.2. “Contract” is the agreement between the Owner and the Bidder, expressed in writing, signed by both parties, including annexes and accompanying documents; 1.3. “Bidder” is the winning bidder (could be an independent bidder or a joint venture) and is specified in Electronic General Terms and Conditions of the ContractT; 1.4. “Subbidder” is the organization or individual that enters into a contract with the bidder to participate in performing related services; 1.5. “Contract Documents” are the documents listed in the Contract, including any modifications or additions to the Contract; 1.6. “Contract Price” is the total amount stated in the contract for the supply of goods and related services. The Contract Price includes all taxes, fees, and charges (if any); 1.7. “Day” refers to a calendar day; “year” refers to 365 days; 1.8. “Goods” includes machinery, equipment, raw materials, fuel, materials, spare parts; products; vehicles; consumer goods; medicines, chemicals, testing supplies, medical equipment; commercial software.; 1.9. “Related Services” includes services such as installation, maintenance, initial repair, installation insurance, repair insurance, or other after-sales services like training, technology transfer…; 1.10. “Completion” refers to the Bidder fulfilling related services under the terms and conditions stipulated in the Contract; 1.11. “Project Site” refers to the location specified in Electronic Specific Terms and Conditions of the Contract 1.12. “Contract Duration” is calculated from the effective date of the contract until both parties have fulfilled their obligations under the signed contract.
2. Contract Documents and Priority Order	2.1. All documents specified in Section 2.2 Electronic General Terms and Conditions of the Contract (including parts of the documents) shall constitute the Contract to form a unified whole, with mutual, supplementary, and explanatory effects for each other. 2.2. The contract documents are arranged in the following order of priority: a) Contract, along with contract annexes; b) Contract finalization report; c) Electronic Pre-qualification application approval letter and contract award; d) Decision approving bidder selection results; đ) Electronic General Terms and Conditions of the ContractT; e) Electronic General Terms and Conditions of the Contract; g) Electronic Pre-qualification application and Electronic Pre-qualification application clarification documents from the bidder; h) Electronic Bidding Document and any amendments to Electronic Bidding Document (if any); i) Other documents stipulated in Electronic Specific Terms and Conditions of the Contract
3. Law and Language	The law governing the contract is the law of Vietnam, the language of the contract is Vietnamese.

4. Notification	4.1. Any notification sent by one party to the other concerning the contract must be in writing, at the address specified in Electronic Specific Terms and Conditions of the Contract The term “in writing” refers to a means of communication in written form with proof of receipt. 4.2. A notification from one party shall be deemed effective from the date the other party receives it, or from the effective date stated in the notification, whichever is later.
5. Performance Security	5.1. Performance security must be submitted to the Employer no later than the date specified in the Electronic Pre-qualification application approval letter and contract award. The performance security can be in one or more of the following forms: a) Deposit via cashier's check for performance securities under 50 million VND, with validity matching the contract period; b) Submission of a guarantee letter from a domestic credit institution or a foreign bank branch established under Vietnamese law; c) Submission of a guarantee insurance certificate from a domestic non-life insurance company or a foreign non-life insurance branch established under Vietnamese law. Performance securities as specified in points b and c of this clause are unconditional guarantees (payment upon demand), using the form provided in Part 4 or another form approved by the Employer. 5.2. The value and validity of the performance security is specified in Electronic Specific Terms and Conditions of the Contract 5.3. The performance security will be paid to the Employer to compensate for any losses incurred due to the Bidder’s failure to fulfill contractual obligations. 5.4. The period for returning the performance security is specified in Electronic Specific Terms and Conditions of the Contract
6. Subcontract Signing	6.1. The Bidder may enter into contracts with subbidders listed in the subbidder list provided in Electronic - Special Conditions of Contract to perform the related services mentioned in the E-Bid Documents. The use of subbidders does not change the bidder’s obligations. The bidder remains responsible to the Investor for the volume, quality, schedule, and other obligations concerning the work carried out by the subbidders. The replacement, addition of subbidders listed in the E-Bid Documents, or changes to subcontract content stated in the E-Bid Documents shall only be allowed with the Investor’s approval; the use of subbidders must match the bidder's needs in contract execution, and subbidders must meet the required competence and experience. 6.2. The Bidder is responsible for paying the subbidders in full and on time as per the agreement between the Bidder and the subbidders.
7. Dispute Resolution	7.1. The Investor and the Bidder are responsible for resolving disputes arising between the two parties through negotiation and reconciliation. 7.2. If disputes cannot be resolved through negotiation and reconciliation within the period specified in Electronic - Special Conditions of Contract from the date the dispute arises, any party may request the dispute to be resolved according to the mechanism specified in Electronic - Special Conditions of Contract.
8. Scope of Supply	Goods and related services must be provided according to the provisions in Chapter V.
9. Delivery Schedule, Completion Timeline for Related Services (if any) and Documentation	The delivery schedule and the completion timeline for related services (if any) must comply with Form 01A (for lump sum contracts) or Form 01B (for unit price contracts) or Form 01C (for mixed contracts) and Form 01D in Chapter IV. The bidder must provide invoices and other related documents as required in Electronic - Special Conditions of Contract.
10. Bidder's Responsibilities	The bidder must provide all goods and related services (if any) within the scope of supply specified in Section 8 of the Electronic - Special Conditions of Contract and according to the delivery schedule and completion timeline for related services specified in Section 9 of the Electronic - Special Conditions of Contract.
11. Contract Type and Contract Price	11.1. Contract Type: as specified in Electronic - Special Conditions of Contract. 11.2. Contract Price specified in Electronic - Special Conditions of Contract includes all costs required to complete the supply of goods and related services of the package mentioned in the Contract Price Table, ensuring the progress and quality as required by the package.
12. Taxes, Fees, and Charges	12.1. The Bidder is responsible for all taxes, fees, and charges incurred until the goods are delivered to the Investor. 12.2. If the Bidder is eligible for tax, fee, or charge exemptions or reductions, the Investor will facilitate the Bidder in applying these exemptions or reductions. 12.3. Tax adjustments are made in accordance with Electronic - Special Conditions of Contract.
13. Advance Payment	13.1. The Investor must provide the Bidder with an advance payment as specified in Electronic - Special Conditions of Contract, after the Bidder submits an Advance Payment Guarantee equivalent to the amount of the advance payment. The Advance Payment Guarantee must be issued by a credit institution or a foreign bank branch established under the laws of Vietnam. 13.2. The Bidder is only allowed to use the advance payment for the execution of the Contract. The Bidder must prove that the advance payment has been used for the right purpose and target by submitting copies of invoices or related documents to the Investor.
14. Payment	14.1. The Bidder's payment request must be submitted to the Investor in writing, accompanied by invoices describing the delivered goods and completed related services, together with the documents submitted as required in Clause 9 of the Electronic - Special Conditions of Contract, and a payment request after fulfilling other obligations specified in the contract. 14.2. Payment is made in accordance with Electronic - Special Conditions of Contract. 14.3. The payment currency is VND.
15. Copyright	The copyright for all drawings, documents, and records containing information and data submitted by the Bidder to the Investor remains with the Bidder. In case those drawings, documents, and records are provided to the Investor either directly or through the Bidder by a third party, the copyright for those drawings, documents, and records belongs to that third party.
16. Use of Documents and Information Related to the Contract	16.1. The Investor and the Bidder must keep confidential any documents, data, or other information related to the contract provided by one party directly or indirectly to the other party. Such documents, data, or information must not be disclosed to a third party without the written consent of the other party, regardless of whether the documents, data, or information were provided before, during, or after the completion or termination of the contract. The Bidder may transfer to subbidders the relevant documents, data, and information provided by the Investor for the subbidders to perform their tasks under the contract; in this case, the subbidders must commit to the Bidder to maintain the confidentiality of these documents, data, or information. 16.2. The Investor must not use the documents, data, and information received from the Bidder for any purpose unrelated to the contract. Similarly, the Bidder must not use the documents, data, and information received from the Investor for any purpose unrelated to the performance of the contract. 16.3. The obligations of the Investor and the Bidder stipulated in Clause 16.1 and Clause 16.2 of the Special Conditions of Contract do not apply to the following information: a) Information that the Investor or the Bidder is required to provide to the authorities; b) Information that has been or will be disclosed without fault of the Investor or the Bidder; c) Information owned by one party at the time of disclosure and not provided directly or indirectly by the other party; d) Information lawfully received by one party from a third party without an obligation of confidentiality. 16.4. The provisions in Clause 16 of the Special Conditions of Contract do not alter any confidentiality commitments made by either party prior to the contract’s signing regarding the provision of goods and services. 16.5. The provisions in Clause 16 of the Special Conditions of Contract will continue to be effective after the completion or termination of the contract for any reason.
17. Specifications and Standards	Goods and related services supplied under the contract must conform to the specifications and standards set out in Chapter V. If Chapter V does not specify an applicable specification or standard, the goods must comply with equivalent or higher specifications or standards prevailing in the country or territory of origin.
18. Packaging of Goods	18.1. The Bidder must package the goods properly as required to avoid damage during transportation to the project site as specified in the contract. During transportation, the packaging must be robust enough to withstand heavy impacts, extreme temperatures, saltwater, rain, and outdoor conditions. The size and weight of each package must consider transportation conditions such as distance, means of transport, and infrastructure conditions from the point of origin to the project site. 18.2. The packaging, labeling of goods, and documentation inside and outside the packages must comply with the specific requirements of the contract, including any requirements (if any) set out in Electronic - Special Conditions of Contract and other instructions from the Investor.
19. Insurance	Unless otherwise stipulated in Electronic - Special Conditions of Contract, the goods supplied under the contract must be fully insured against any loss or damage during production, receipt, transportation, storage, and delivery as specified in Electronic - Special Conditions of Contract.
20. Transportation and Related Services	20.1. The requirements for transportation of goods and other requirements are specified in Electronic - Special Conditions of Contract. 20.2. The Investor may request the Bidder to provide one or more of the following services, including any services (if any) specified in Electronic - Special Conditions of Contract: a) Carrying out or supervising on-site installation, testing of goods; b) Providing the necessary tools for assembly, maintenance of goods; c) Providing detailed operating and maintenance instructions for each type of goods; d) Operating or supervising or maintaining, repairing goods for an agreed period, provided that this service does not exempt the Bidder from any warranty obligations under this contract; e) Instructing the Investor's personnel on installation, testing, operation, maintenance, and repair of goods. 20.3. In the event of additional services beyond the contract, the Investor and the Bidder will negotiate the cost of the services, ensuring it does not exceed the price the Bidder applies for similar services in other contracts.
21. Inspection and Testing of Goods	21.1. The Bidder shall conduct all testing and inspection of the goods and related services as stipulated in Electronic - Special Conditions of Contract and bear all costs for testing and inspection. 21.2. The inspection and testing may be conducted at the Bidder's premises or another facility, at the place of delivery, and/or at the project site or at any other location stipulated in Electronic - Special Conditions of Contract. In accordance with Clause 21.3 of the Special Conditions of Contract, if carried out at the Bidder's premises or other facilities, the inspection staff must be provided with all necessary means and assistance, including access to drawings and production data; the Investor shall not bear any costs for these means and assistance. 21.3. The Investor or its representative has the right to attend the testing and inspection sessions stipulated in Clause 21.2 of the Special Conditions of Contract, provided that the Investor bears all the related costs, including travel and accommodation expenses. 21.4. Before conducting the inspection or testing, the Bidder must notify the Investor of the location and time of the inspection or testing. If third-party or manufacturer approval is required for the Investor to attend the inspection or testing, the Bidder must obtain written consent from the relevant parties. 21.5. The Investor may request the Bidder to conduct additional testing and inspection outside the contract, as necessary to confirm that the goods meet the technical and performance requirements of the contract, provided that the reasonable costs of such testing and inspection are added to the contract price. If the testing and inspection delay the production schedule and/or the Bidder's other obligations under the contract, the Investor will consider adjusting the delivery date, the completion date of related services, and other affected obligations. 21.6. The Bidder must submit to the Investor a report on the results of all testing and inspection. 21.7. The Investor has the right to reject any goods or parts of goods that do not meet the requirements in the testing and inspection or that do not conform to the technical specifications of the contract. The Bidder must replace the goods or parts of goods or make the necessary adjustments to conform to the technical specifications of the contract and bear all related costs. The Bidder must then conduct the re-inspection and re-testing at its own expense and notify the Investor in accordance with Clause 21.4 of the Special Conditions of Contract. 21.8. The Bidder’s performance of testing and inspection of the goods or parts thereof, the Investor’s or its representative's participation in the testing and inspection, or the submission of test results according to Clause 21.6 of the Special Conditions of Contract, does not exempt the Bidder from its warranty obligations or any other obligations under the contract.
22. Penalties and Damages	Penalties for contract violations and compensation for damages shall be in accordance with the provisions in Electronic - Special Conditions of Contract.
23. Warranty	23.1. The Bidder ensures the supply of new, unused goods as stated in the proposal. 23.2. The Bidder ensures that the goods are free from defects arising from any act or omission by the Bidder or from design, materials, or workmanship when used under normal conditions in Vietnam. 23.3. The warranty period and the warranty location are specified in Electronic - Special Conditions of Contract. 23.4. In the event of defects, the Investor shall promptly notify the Bidder, accompanied by supporting documents. The Investor will facilitate the Bidder in inspecting the defects. 23.5. Upon receiving the Investor’s notice of defects, the Bidder shall promptly repair or replace the defective goods within the timeframe specified in Electronic - Special Conditions of Contract and bear all costs of repair or replacement. 23.6. If the Bidder fails to repair the defects within the timeframe specified in Electronic - Special Conditions of Contract despite being notified, the Investor may repair the defects at its own discretion if necessary. The Bidder shall bear all related risks and costs. The Investor's repair of the defects does not affect the Investor's other rights under the contract.
24. Compensation for Patent Infringement	24.1. Provided that the Investor complies with Clause 24.2 of the Special Conditions of Contract, the Bidder is obligated to indemnify and ensure that the Investor and its personnel are unharmed from any lawsuit, administrative procedure, complaint, demand, loss, damage, or expense, including attorney fees, due to infringement or alleged infringement of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights registered or existing as of the contract date, where such infringement or alleged infringement is related to: a) The installation of goods by the Bidder or the use of goods in Vietnam; b) The sale of products manufactured from the goods. The aforementioned compensation does not apply in cases of use of the goods or any part thereof beyond the purpose stated in the contract or reasonably arising from the contract; infringement resulting from the use of goods or any part thereof, or any products manufactured from the goods in combination with equipment, plants, or materials not provided by the Bidder under the contract. 24.2. In the event of litigation or a claim against the Investor related to the issues specified in Clause 24.1 of the Special Conditions of Contract, the Investor is obligated to promptly notify the Bidder. The Bidder may, on behalf of the Investor, resolve the litigation or claim, or negotiate to settle the litigation or claim and bear the associated costs. 24.3. Within 28 days of receiving the Investor's notification, if the Bidder does not notify the Investor of its intention to resolve the litigation or claim, the Investor shall handle the matter itself. 24.4. If requested, the Investor shall assist the Bidder in resolving the litigation or claim and will be reimbursed for all reasonable expenses incurred by the Bidder. 24.5. The Investor is obligated to indemnify and ensure that the Bidder, subbidders, and the Bidder's personnel are unharmed from any lawsuit, administrative procedure, complaint, demand, loss, damage, or expense, including attorney fees, due to infringement or alleged infringement of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights registered or existing as of the contract date, where such infringement or alleged infringement arises from or relates to any design, data, drawings, specifications, or other documents provided or designed by the Investor or on behalf of the Investor.

25. Legal Changes	Unless otherwise specified in the contract, from 28 days prior to the bid closing date onwards, if any policy is issued, replaced, amended, or declared invalid in Vietnam that affects the delivery date and/or the contract price, the delivery date or the contract price must be adjusted accordingly based on the extent of the bidder’s impact when performing its contractual obligations. The increase or decrease in the contract price shall not be paid separately or recorded as a separate payable if the adjustment has already been stipulated in Clause 11 of the Special Conditions of Contract.
26. Force Majeure	26.1. The Bidder shall not have its performance guarantee forfeited, be liable for damages, or be penalized or have the contract terminated if force majeure events occur that impede the performance of the contract or prevent the fulfillment of its contractual obligations. 26.2. In the event of force majeure, a party's failure to perform any of its obligations shall not be considered a breach of or default under the contract, provided that the affected party: (a) has taken reasonable, prudent, and necessary preventive measures and alternatives, all aimed at fulfilling the terms and conditions of this contract, and (b) continues to perform its obligations within the scope of the contract as long as such performance is reasonable and feasible. 26.3. In this contract, force majeure is understood as events beyond the control of the parties, unforeseen, unavoidable, and making the performance of the contract impossible, not caused by the negligence or oversight of the parties. Force majeure events may include, but are not limited to, war, riots, strikes, fires, floods, epidemics, quarantine restrictions, or government policies and regulations. 26.4. In the event of force majeure, the party affected by the force majeure must promptly notify the other party in writing of the event and its cause within 14 days of the occurrence of the force majeure event. At the same time, a certificate of the force majeure event must be provided by a competent authority where the force majeure event occurred. The Bidder affected by the force majeure event must continue to perform its contractual obligations as circumstances reasonably permit and take all reasonable measures to mitigate the consequences of the force majeure event. 26.5. The time for a party to complete a task under this contract shall be extended by a period equal to the time during which the party was unable to perform the task due to the force majeure event.
27. Contract Modification	27.1. The Employer may request the Bidder to modify or supplement the following contents within the scope of the contract: a) Changes in drawings, technology designs, or technical requirements in cases where the goods supplied under the contract are specially ordered for the Employer; b) Changes in transportation or packaging methods; c) Changes in delivery locations; d) Changes in related services; đ) Adjustments to the contract implementation schedule as stipulated in Clause 28 of the Electronic General Terms and Conditions of the Contract. 27.2. If the modifications or supplements to the contract's scope of work as stipulated in Clause 27.1 of the Electronic General Terms and Conditions of the Contract affect costs or execution time of any contract terms, contract price, or delivery date, the contract or related service completion date must be adjusted accordingly, and the parties shall amend the contract. Any Bidder's request for adjustments in contract price, delivery date, or completion date must be made within 28 days from receiving the Employer's modification or supplementation request. 27.3. In the case of supplying goods with a new version from the same manufacturer, with the same origin, and equivalent or better technical features, configuration, and specifications as those proposed in the Electronic Pre-qualification application and meeting the Electronic Bidding Document requirements, the Bidder must notify the Employer in writing for consideration. Based on usage needs, the Employer may accept the Bidder's proposal provided that the unit price and other contract conditions remain unchanged. 27.4. In cases where related services not mentioned in the contract need to be provided, the Employer and Bidder will negotiate, ensuring that the unit price is in line with market prices. 27.5. The Employer and Bidder will negotiate to sign a contract amendment in case of contract modification. 27.6. During contract performance, the Bidder may propose cost-saving solutions including at least the following contents: a) The content of the solution, explaining the differences compared to the contract requirements; b) A comprehensive analysis of the costs and benefits of the solution, including a description and estimate of the costs (including lifecycle costs) that may arise for the Employer if the Bidder's proposal is accepted; c) The impact of the solution on contract performance efficiency. 27.7. The Employer may accept the Bidder's proposal if it proves one of the following benefits without affecting the essential functions of the goods: a) Shortening the delivery time; b) Reducing the contract price or lifecycle costs for the Employer; c) Enhancing the quality, efficiency, or sustainability of the contracted goods; d) Any other benefit for the Employer. If the Bidder's proposal is accepted by the Employer and leads to a reduction in the contract price, the Employer will pay the Bidder according to the ratio specified in the Electronic General Terms and Conditions of the ContractT for the contract price reduction. If the Bidder's proposal is accepted by the Employer and increases the contract price but reduces lifecycle costs due to the impacts of factors stipulated in points a, b, c, and d of this clause, the Employer will pay the Bidder according to the increased contract price value.
28. Adjustment of Contract Execution Schedule	28.1. During contract execution, if adverse conditions arise that hinder the Bidder or subbidders from supplying goods or following the schedule for related services stipulated in Clause 9 of the Electronic General Terms and Conditions of the Contract, the Bidder must promptly notify the Employer in writing about the delay, its causes, and the delay period. Based on the Bidder’s notification, the Employer must quickly assess the situation and may consider extending the contract. If the Employer agrees to an extension, the parties will negotiate to sign an amendment to the contract. 28.2. Except for force majeure cases stipulated in Clause 26 of the Electronic General Terms and Conditions of the Contract, if the Bidder delivers goods late or completes related services late, they are obliged to compensate the Employer for damages as stipulated in Clause 22 of the Electronic General Terms and Conditions of the Contract.
29. Termination of Contract (	29.1. Termination due to breach a) The investor may terminate part or all of the contract without prejudice to other remedies for breach of contract by notifying the Bidder in writing of the breach under the following circumstances: (i) The Bidder fails to deliver the goods or part of the goods within the time specified in the contract, or within the extension period as specified in Clause 28 of the General Terms and Conditions of the Contract; (ii) The Bidder fails to perform any other obligations under the contract; (iii) The investor determines that the Bidder has committed one of the prohibited acts stipulated in Article 16 of the Law on Bidding during the bidding process or the performance of the contract; b) If the Investor terminates part or all of the contract according to point a of this clause, the Investor may purchase goods and related services similar to the undelivered goods and services under appropriate terms and conditions. The Bidder shall be liable to compensate the Investor for any additional costs arising from the purchase of such similar goods and services. However, the Bidder must continue to perform the portion of the contract that has not been terminated. 29.2. Termination due to insolvency If the Bidder becomes bankrupt or insolvent, the Investor may terminate the contract at any time by sending notice to the Bidder. In this case, the contract shall be terminated and the Bidder shall not be entitled to any compensation, provided that the termination of the contract does not harm or affect any of the Investor's prior or subsequent rights or remedies.
30. Export Restrictions	If the country or territory providing goods and services imposes trade regulations that lead to export restrictions, making it difficult for the Bidder to fulfill contractual obligations, the Bidder is not required to complete the delivery obligations, provided that the Bidder provides the Investor with documentation proving that all necessary export procedures, including obtaining licenses or authorizations, have been completed. In this case, the Investor may terminate the contract with the Bidder.

Chapter VII. SPECIFIC TERMS OF THE CONTRACT

Unless otherwise provided, the entire STCC must be completed by the Investor before issuing the E-Tender Document.

General Terms and Conditions of the Contract 1.1	Investor:___ [insert name, address, account number, tax code, telephone, fax, email of the Investor and the authorized representative (if any)].
General Terms and Conditions of the Contract 1.3	Bidder:___ [insert name, address, account number, tax code, telephone, fax, email of the Bidder].
General Terms and Conditions of the Contract 1.11	Project location:___ [insert name and detailed information about the location].
General Terms and Conditions of the Contract 2.2 (i)	The following documents are also part of the contract:___ [list documents].
General Terms and Conditions of the Contract 4.1	Notifications must be sent to the Investor at the following address: - Recipient:___ [insert full name of recipient, if any]. - Address:___ [insert full address]. - Telephone:___ [insert phone number, including country and city code]. - Fax:___ [insert fax number, including country and city code]. - Email address:___ [insert email address (if any)].
General Terms and Conditions of the Contract 5.2	- Contract performance security value: ____% of the contract value [insert specific value based on the scale and nature of the package, from 2% to 10% of the contract value]. - Validity of the performance security: The performance security is valid from the date the contract comes into effect until_____ [specify the duration based on the scale, nature, and requirements of the package, for example: The performance security must be valid until all goods are delivered, both parties sign the acceptance record, and the Bidder shifts to warranty obligations as stipulated].
General Terms and Conditions of the Contract 5.4	Time for returning the performance security:___ [specify the time for returning the performance security after the Bidder completes the contractual obligations, based on the nature and requirements of the package].
General Terms and Conditions of the Contract 6.1	List of subbidders:__ [insert list of subbidders consistent with the list of subbidders mentioned in the E-Bid Document].

General Terms and Conditions of the Contract 7.2	Time for mediation:___ [insert the maximum number of days for mediation]. Dispute resolution:___ [specify the time and mechanism for dispute resolution based on the scale and nature of the package. This should specify the time for submitting a dispute resolution request, the dispute resolution organization (court, arbitration), costs for dispute resolution...].
General Terms and Conditions of the Contract 9	The Bidder must provide the following information and documents:___ [list the required documents, for example: VAT invoices, transport documents, warranty certificates from the Bidder or manufacturer, inspection certificates from inspection authorities, packing lists, certificates of origin, quality certificates...]. The Investor must receive the above information and documents before the goods arrive at the designated location; otherwise, the Bidder will bear all related costs incurred.
General Terms and Conditions of the Contract 11.1	Type of contract:___[insert type of contract as per the approved bidder selection plan].
General Terms and Conditions of the Contract 11.2	Contract price: ___ [insert “Fixed” for lump-sum contracts, fixed-unit price contracts, or “subject to adjustment” for adjustable-unit price contracts in accordance with the type of contract specified in Clause 11.1 General Terms and Conditions of the Contract]. If the contract includes price adjustment provisions, the price adjustment will be made by adjusting the unit price or calculating the price adjustment as follows: - The unit price adjustment will be applied from the point at which the price-altering factor arises and only applies to the volume completed according to the progress stipulated in the contract or as adjusted in accordance with Clause 28 General Terms and Conditions of the Contract. The unit price will not be adjusted for contract volumes corresponding to the amount already advanced under the contract; - The contract price will be adjusted during the performance period to reflect changes in labor and material costs. The price adjustment will be calculated using the specific formula______ [specify the price adjustment formula]. [Example of a price adjustment formula: P₁ = P₀ [a + bL₁ + cM₁] - P₀ L₀ M₀ a+b+c = 1 Where: P₁ = Amount payable to the bidder after price adjustment P₀ = Contract price (base price) a = Fixed factor representing profit and general management costs included in the contract price, typically between 5% and 15%. b = Estimated proportion of labor costs in the contract price c = Estimated proportion of material costs in the contract price L₀, L₁ = Labor price indices applicable to the goods production industry in the country of origin at the base date and the price adjustment date, respectively M₀, M₁ = Material price indices at the base date and the price adjustment date in the country of origin of the goods, respectively In the bid submission, the Bidder must specify the sources of these indices, the exchange rate information (if applicable), and the values of the indices at the base date. The coefficients a, b, and c will be determined by the Investor as follows: a = [insert coefficient value] b = [insert coefficient value] c = [insert coefficient value] Base date = 28 days before the bid closing date. Price adjustment date = [insert number of weeks] weeks before the shipping date (usually corresponding to the time when production is halfway completed). Conditions for price adjustment: (i) Price adjustment is not allowed beyond the original delivery period. Usually, price adjustment is not applied for delays for which the Bidder is fully responsible. (ii) If the currency in which the contract price P₀ is denominated is not the same as the currency used for the labor and material price indices, a conversion factor will be applied to avoid errors in the contract price adjustment. The conversion factor is calculated as follows: Z = Z₀/Z₁ Where: Z₀ = Number of units of the currency used in the indices equivalent to one unit of the currency in which the contract price P₀ is denominated on the base date; Z₁ = Number of units of the currency used in the indices equivalent to one unit of the currency in which the contract price P₀ is denominated on the price adjustment date. (iii) The amount corresponding to the advance payment made to the Bidder will not be subject to price adjustment.]
General Terms and Conditions of the Contract 12.3	Tax adjustment: ___ [insert “Allowed” or “Not allowed”. If tax adjustment is allowed, insert: “During the execution of the contract, in the event that tax policies change (increase or decrease) at the time of payment and the contract provides for tax adjustment, and the bidder submits documentation specifying the amount of tax incurred, the difference in tax policy will be adjusted in accordance with the provisions of the contract”].
General Terms and Conditions of the Contract 13.1	Advance payment: ____ [insert the amount of advance payment, documents required for advance payment, method of advance payment… in accordance with legal regulations. The Bidder shall provide an advance payment guarantee in accordance with Form 20 in Section 4 or another form accepted by the Investor. For the production of components or semi-finished products of significant value, or for some materials that must be reserved seasonally, the contract must clearly state the advance payment plan and the advance amount to ensure contract execution progress].
General Terms and Conditions of the Contract 14.2	Payment method: ___ [specify the details of this section according to the nature and requirements of the package. Payment to the Bidder may be stipulated as payment by bank transfer, with the number of payments being multiple times during the contract or a lump-sum payment upon contract completion. The payment period may be stipulated as immediate payment or no later than a certain number of days after the Bidder submits the required documents. Additionally, specific provisions on payment documents must be stipulated in accordance with legal regulations. The Bidder will be paid the full contract price upon completing the contractual obligations. If the volume of work performed is less than the contract volume, the two parties must sign a supplemental contract appendix specifying the new contract price corresponding to the actual work performed.]
General Terms and Conditions of the Contract 18.2	Packaging, labeling of goods, internal and external documents of the shipment: ____ [specify detailed requirements for packaging, labeling, and necessary documents].
General Terms and Conditions of the Contract 19	Insurance coverage:____ [insert specific provisions on insurance, including scope of coverage, currency, and insurance amount].
General Terms and Conditions of the Contract 20.1	The responsibility for transporting goods will be as follows: [Investor or insert “According to the contract, the Bidder is responsible for transporting the goods to the project site. Transportation of goods to the project site, including insurance and storage as stipulated in the contract, will be carried out by the Bidder; related costs are included in the contract price”; or specify other commercial terms agreed upon by both parties (including the corresponding responsibilities of the Investor and Bidder)].
General Terms and Conditions of the Contract 20.2	The services include:_______ [specify the services in detail].
General Terms and Conditions of the Contract 21.1	Inspection and testing of goods:___ [based on the scale and nature of the package, specify the inspection and testing requirements for the Bidder in accordance with the requirements set out in Chapter V. Inspection and testing may be stipulated at different stages, such as before delivery or when goods arrive. The inspection and testing regulations should include key details such as timing, location, procedures, costs of inspection and testing, as well as provisions for dealing with goods that fail to meet inspection and testing requirements].
General Terms and Conditions of the Contract 21.2	Inspection and testing of goods will be carried out at:___ [insert location].
General Terms and Conditions of the Contract 22	Based on the scale, nature, and requirements of the package, this section can be specified in one of the following ways: - Only apply contract breach penalties. - Only apply damage compensation. - Apply both contract breach penalties and damage compensation. 1. Contract breach penalty:___ [insert “Applied” or “Not applied]. If the contract breach penalty is applied, it is specified as follows: Except for force majeure events under Clause 26 General Terms and Conditions of the Contract, if the Bidder fails to deliver the goods or provide related services within the time specified in the contract, the Investor may deduct a penalty from the contract price at a rate of:_____%/week (or day, month...) [specify the deduction rate as a percentage of the value of the delayed goods or services] until the work is completed. The Investor may deduct up to ____ % [insert the maximum penalty]. Once the maximum penalty is reached, the Investor may consider terminating the contract under Clause 29 General Terms and Conditions of the Contract. 2. Damage compensation:___ [insert “Applied” or “Not applied]. If damage compensation is applied, it is specified as follows: - Compensation for actual total damages; - Compensation based on a fixed amount. In this case, specify the amount, method of compensation… in accordance with civil law.
General Terms and Conditions of the Contract 23.3	The warranty period is:______ days [insert number of days]. The location for applying the warranty is: ____ [insert one or more locations].
General Terms and Conditions of the Contract 23.5 General Terms and Conditions of the Contract 23.6	The repair or replacement period is:_____ days [insert number of days].
General Terms and Conditions of the Contract 27.7 (d)	If the cost-saving solution proposed by the Bidder is accepted by the Investor and results in a contract price reduction, the Investor will pay the Bidder ____ % [specify payment percentage, usually not exceeding 50%] of the contract price reduction value.

Part 3B. FRAMEWORK AGREEMENT

Chapter VI. GENERAL CONDITIONS OF THE FRAMEWORK AGREEMENT

1. Definitions	In this contract, the following terms shall be understood as follows: 1.1. “Investor” is the organization specified in General Terms and Conditions of the Contract; 1.2. “Framework Agreement” is the agreement between the Investor and the Bidder, made in writing, signed by both parties, including any appendices and accompanying documents;; 1.3. “Bidder” is the winning bidder (which may be an independent bidder or a consortium) and is specified in General Terms and Conditions of the Contract; 1.4. “Subbidder” is the organization or individual that signs a contract with the bidder to participate in providing related services; 1.5. “Contract Documents” are the documents listed in the Contract, including any amendments or supplements to the Contract; 1.6. “Contract Price” is the total amount specified in the contract for the provision of goods and related services. The contract price includes all taxes, fees, and charges (if any); 1.7. “Day” refers to a calendar day; “year” refers to 365 days; 1.8. “Goods” include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumables; drugs, chemicals, testing materials, medical equipment; commercial software;; 1.9. “Related Services” include services such as installation, maintenance, initial repairs, installation insurance, repair insurance, or other post-sale services such as training, technology transfer…; 1.10. “Completion” refers to the Bidder's fulfillment of the related services according to the terms and conditions stipulated in the Contract; 1.11. “Project site” is the location specified in Electronic Specific Terms and Conditions of the Contract
2. Framework Agreement Documents and Priority Order	2.1. All documents specified in Section 2.2 Electronic General Terms and Conditions of the Contract (including parts of the documents) will constitute the Framework Agreement to form a unified whole, mutually supportive, supplementary, and explanatory. 2.2. The documents constituting the Framework Agreement are arranged in the following order of priority: a) The Framework Agreement, together with appendices; b) The Framework Agreement Completion Minutes; c) Electronic Pre-qualification application Acceptance Letter; d) Bidder Selection Approval Decision; đ) Electronic General Terms and Conditions of the ContractT; e) Electronic General Terms and Conditions of the Contract; g) Electronic Pre-qualification application and clarification documents of the Bidder; h) Electronic Bidding Document and amendment documents (if any); i) Other documents specified in Electronic Specific Terms and Conditions of the Contract
3. Governing Law and Language	The governing law of the contract is Vietnamese law, the language of the contract is Vietnamese.

4. Notices	4.1. Any notice from one party to the other related to the contract must be made in writing, sent to the address specified in Electronic Specific Terms and Conditions of the Contract The term “in writing” means a form of communication in writing with proof of receipt of the information. 4.2. A notice from one party shall be considered effective from the date the other party receives it or the effective date stated in the notice, whichever is later.
5. Subcontracting	5.1. The bidder may enter into contracts with subbidders listed in Electronic General Terms and Conditions of the ContractT to perform related services specified in Electronic Pre-qualification application. The use of subbidders will not alter the bidder's obligations. The bidder remains responsible to the Employer for the volume, quality, schedule, and other obligations of the work performed by the subbidder. Substituting or adding subbidders in the list provided in Electronic Pre-qualification application or changing the content of subcontracting in Electronic Pre-qualification application is only permitted with the Employer's approval. The use of subbidders must match the bidder's needs in contract execution, and the subbidder must meet the bidder's requirements for capacity and experience. 5.2. The bidder is responsible for making full and timely payments to the subbidder in accordance with the terms agreed between the bidder and the subbidder.
6. Dispute Resolution	6.1. The Employer and the Bidder shall resolve disputes arising between them through negotiation and conciliation. 6.2. If the dispute cannot be resolved through negotiation and conciliation within the time specified in Electronic General Terms and Conditions of the ContractT from the date the dispute arises, any party may request that the dispute be resolved through the mechanism set forth in Electronic Specific Terms and Conditions of the Contract
7. Scope of Supply	Goods and related services must be supplied as specified in Chapter V.
8. Delivery Schedule, Completion Schedule of Related Services (if any) and Documentation	The delivery schedule and completion schedule of related services (if any) must comply with the provisions in Form No. 01A (for lump sum contracts) or Form No. 01B (for unit price contracts) or Form No. 01C (for mixed contracts) and Form No. 01D of Chapter IV. The bidder must provide invoices, documents, and other materials as specified in Electronic Specific Terms and Conditions of the Contract
9. Bidder’s Responsibilities	The bidder must supply all goods and related services (if any) within the scope of supply specified in Section 7 of Electronic General Terms and Conditions of the Contract and according to the delivery schedule and completion schedule of related services specified in Section 8 of Electronic General Terms and Conditions of the Contract.
10. Contract Type and Contract Price	10.1. Contract type: as specified in Electronic Specific Terms and Conditions of the Contract 10.2. The contract price specified in Electronic General Terms and Conditions of the ContractT is the total cost to complete the supply of goods and related services for the package as stated in the Contract Price Schedule, ensuring compliance with the schedule and quality as per the package requirements.
11. Taxes, Fees, Charges	11.1. The bidder is responsible for all costs related to taxes, fees, and charges incurred until the goods are delivered to the Employer. 11.2. In case the bidder is eligible for tax exemptions or reductions, the Employer will provide the necessary support to the bidder to apply such policies. 11.3. Tax adjustments are made according to the provisions in Electronic Specific Terms and Conditions of the Contract
12. Advance Payment	12.1. The Employer must provide the bidder with an advance payment as specified in Electronic General Terms and Conditions of the ContractT, after the bidder submits an Advance Payment Guarantee equivalent to the advance amount. The Advance Payment Guarantee must be issued by a credit institution or a foreign bank branch established under Vietnamese law. 12.2. The bidder is only allowed to use the advance payment for contract performance. The bidder must provide proof that the advance has been used appropriately by submitting copies of invoices or related documents to the Employer.
13. Payment	13.1. The bidder’s payment request must be submitted to the Employer in writing, along with invoices describing the goods delivered and related services rendered, and the required documents as stipulated in Article 9 of Electronic General Terms and Conditions of the Contract. The payment request must be sent after fulfilling other contractual obligations. 13.2. Payment is made according to the provisions in Electronic Specific Terms and Conditions of the Contract 13.3. The currency of payment is VND.
14. Copyright	The copyright of all drawings, documents, and records containing information and data submitted by the Bidder to the Employer remains with the Bidder. In the event that such drawings, documents, and records are provided to the Employer directly or through the Bidder by a third party, the copyright of such drawings, documents, and records belongs to that third party.
15. Use of Documents and Information Related to the Framework Agreement	15.1. The Employer and the Bidder must keep confidential any documents, data, or other information related to the contract that one party directly or indirectly provides to the other, and such documents, data, or information must not be disclosed to third parties without written consent from the other party, whether the documents, data, or information were provided before, during, or after the completion or termination of the contract. The Bidder may pass on relevant documents, data, and information provided by the Employer to subbidders for the subbidder to perform its work under the contract; in this case, the subbidder must commit to the Bidder to maintain confidentiality of such documents, data, or information. 15.2. The Employer shall not use the documents, data, and information received from the Bidder for any other purpose unrelated to the contract. The Bidder shall not use the documents, data, and information received from the Employer for any other purpose unrelated to the contract’s performance. 15.3. The obligations of the Employer and the Bidder specified in Section 15.1 and Section 15.2 of Electronic General Terms and Conditions of the Contract do not apply to the following information: a) Information that the Employer or the Bidder must provide to the authorities; b) Information that has been or will be disclosed not due to any fault of the Employer or the Bidder; c) Information owned by one party at the time of disclosure and not directly or indirectly provided by the other party; d) Information that one party lawfully receives from a third party not bound by a confidentiality obligation.. 15.4. The provisions in Section 15 of Electronic General Terms and Conditions of the Contract do not alter any confidentiality commitments made by either party before the contract date regarding the supply of goods and services. 15.5. The provisions in Section 15 of Electronic General Terms and Conditions of the Contract continue to apply after the completion or termination of the contract for any reason.
16. Specifications and Standards	The goods and related services provided under the contract must comply with the specifications and standards specified in Chapter V; if Chapter V does not specify applicable specifications or standards, then equivalent or higher standards currently applicable in the country or territory of origin of the goods must be followed.
17. Packaging of Goods	17.1. The bidder must package the goods as required to avoid damage during transportation to the project site as specified in the contract. During transportation, the packaging must be sturdy enough to withstand strong impacts, extreme temperatures, saltwater, rain, and outdoor exposure. The size and weight of each package must take into account the transportation conditions, such as distance, transportation means, infrastructure conditions, etc., from the place of origin to the project site. 17.2. The packaging, labeling of the goods, and documents inside and outside the package must comply with the specific contract requirements, including any requirements (if any) specified in Electronic General Terms and Conditions of the ContractT and other instructions from the Employer.
18. Insurance	Unless otherwise specified in Electronic General Terms and Conditions of the ContractT, the goods supplied under the contract must be fully insured against any loss or damage that may occur during production, receipt, transportation, storage, and delivery as specified in Electronic Specific Terms and Conditions of the Contract
19. Transportation and Incidental Services	19.1. Transportation requirements for goods and other requirements specified in Electronic Specific Terms and Conditions of the Contract 19.2. The Employer may request the Bidder to provide one or more of the following services, including (if any) services specified in Electronic General Terms and Conditions of the ContractT: a) Installation or supervision of installation on site, commissioning of the goods; b) Provision of necessary tools for assembly and maintenance of the goods; c) Provision of detailed operating and maintenance manuals for each type of goods; d) Operation, supervision, maintenance, or repair of the goods during the period agreed by the parties, provided that this service does not exempt the Bidder from any warranty obligations under this contract; đ) Training the Employer's personnel on installation, commissioning, operation, maintenance, and repair of the goods. 19.3. In case of additional services beyond the contract, the Employer and the Bidder will negotiate the service costs, ensuring they do not exceed the rates the Bidder applies for similar services in other contracts.
20. Penalties and Compensation for Damages	Penalties for contract violations and compensation for damages are stipulated in Electronic Specific Terms and Conditions of the Contract
21. Warranty	21.1. The Bidder guarantees to supply new, unused goods as specified in the proposal. 21.2. The Bidder guarantees that the goods will not have defects caused by any actions or omissions on the part of the Bidder or due to design, materials, or workmanship when used under normal conditions in Vietnam. 21.3. The warranty period and applicable warranty location are specified in Electronic Specific Terms and Conditions of the Contract 21.4. In case defects in the goods are found, the Employer shall promptly notify the Bidder with supporting documents. The Employer shall allow the Bidder to inspect the defects. 21.5. Upon receiving the Employer's notification of defective goods, the Bidder shall promptly repair or replace the defective goods within the time period specified in Electronic General Terms and Conditions of the ContractT and bear all the costs of repair or replacement. 21.6. If the Bidder, after being notified, fails to repair the defects in the goods within the time period specified in Electronic General Terms and Conditions of the ContractT, the Employer may undertake the repairs (if necessary). The Bidder shall bear all risks and costs related to this. The Employer’s self-repair of the defects does not affect other rights of the Employer under the contract.
22. Indemnification for Patent Infringement	22.1. Provided that the Employer complies with Section 22.2 of Electronic General Terms and Conditions of the Contract, the Bidder shall indemnify and hold the Employer and its personnel harmless from any lawsuits, administrative procedures, claims, demands, losses, damages, or costs, including attorney fees, arising from or related to infringements or alleged infringements of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights that have been registered or existed as of the contract signing date, if such infringements or alleged infringements relate to: a) The installation of goods by the Bidder or the use of goods in Vietnam; b) The sale of products produced from the goods. The above indemnification does not apply in the following cases: the use of goods or any part thereof outside the scope of the contract or reasonable extensions thereof; infringement caused by the use of goods or any part thereof, or any product made from the goods in combination with equipment, plant, or materials not supplied by the Bidder under the contract. 22.2. In the event of lawsuits or claims against the Employer related to the matters set forth in Section 22.1 of Electronic General Terms and Conditions of the Contract, the Employer is obliged to promptly notify the Bidder. The Bidder may act on behalf of the Employer to handle or negotiate the resolution of such lawsuits or claims and will bear the associated costs. 22.3. Within 28 days of receiving notice from the Employer, if the Bidder does not notify the Employer of its intent to resolve the lawsuits or claims, the Employer will proceed on its own. 22.4. If required, the Employer shall assist the Bidder in resolving the lawsuits or claims and shall be reimbursed by the Bidder for any reasonable costs incurred. 22.5. The Employer shall indemnify and hold the Bidder, its subbidders, and personnel harmless from any lawsuits, administrative procedures, claims, demands, losses, damages, or costs, including attorney fees, arising from or related to any infringement or alleged infringement of patents, utility models, industrial designs, trademarks, copyrights, or other intellectual property rights that have been registered or existed as of the contract signing date, if such infringements or alleged infringements arise from or relate to any design, data, drawings, specifications, or other documents provided or designed by the Employer or on behalf of the Employer.

23. Legal Changes	Unless otherwise provided in the contract, from 28 days before the bid closing date onward, if any policies are issued, replaced, amended, or declared invalid in Vietnam affecting the delivery date and/or contract price, the delivery date or contract price must be adjusted according to the Bidder's impact when performing the obligations under the contract. The increase or decrease in the contract price shall not be paid separately or recorded as a separate payable if the contract price adjustment is already stipulated in Section 10 of Electronic General Terms and Conditions of the Contract.
24. Force Majeure	24.1. The Bidder will not have its performance guarantee forfeited, be liable for damages, fined, or have the contract terminated if force majeure events prevent the contract from being performed or make it impossible to fulfill contract obligations. 24.2. When a force majeure event occurs, the failure of a party to perform any of its obligations shall not be considered a breach or default of the Contract, provided that the affected party: (a) has taken reasonable, prudent, and necessary alternative measures with the aim of fulfilling the terms and conditions of this Contract, and (b) continues to perform its obligations under the Contract to the extent that is reasonable and practicable. 24.3. In this contract, force majeure is understood as events beyond the control of the parties, unforeseeable, unavoidable, and which make the performance of the contract impossible, not due to the negligence or carelessness of the parties. Force majeure events may include but are not limited to war, riots, strikes, fires, floods, epidemics, quarantine restrictions, or government policies and regulations. 24.4. Upon the occurrence of a force majeure event, the affected party must promptly notify the other party in writing of the event and its cause within 14 days of the occurrence of the force majeure event. At the same time, the affected party must submit a confirmation of the force majeure event issued by a competent authority in the area where the force majeure event occurred. The Bidder affected by the force majeure event must continue to perform the contract obligations as far as the actual circumstances allow and must take all reasonable measures to mitigate the consequences of the force majeure event. 24.5. The period in which a party must complete a task under this Contract shall be extended by a time equal to the period during which the party was unable to perform the task due to the force majeure event..
25. Adjustment of Contract Schedule	25.1. During the execution of the contract, if adverse conditions arise that prevent the Bidder or subbidder from supplying goods and completing related services as stipulated in Section 9 of Electronic General Terms and Conditions of the Contract, the Bidder must promptly notify the Employer in writing of the delay, its cause, and the expected duration of the delay. Based on the Bidder's notice, the Employer must promptly assess the situation and may consider extending the contract. If the Employer agrees to the extension, the parties will negotiate to establish the basis for amending the contract through an addendum. 25.2. Except for force majeure events specified in Section 24 of Electronic General Terms and Conditions of the Contract, if the Bidder delivers goods late or completes related services late, it shall be liable for damages to the Employer in accordance with Section 20 of Electronic General Terms and Conditions of the Contract.
26. Termination of the Framework Agreement(	26.1. Termination of the framework agreement due to breach a) The Employer may terminate part or all of the framework agreement without prejudice to other remedies for breach by giving written notice to the Bidder regarding the breach in the following cases: (i) The Bidder fails to deliver goods or any part of the goods within the period specified under contracts signed with purchasing entities, or within the extended period as provided in Section 25 of Electronic General Terms and Conditions of the Contract; (ii) The Bidder fails to perform any other obligation under the framework agreement or contract; (iii) The Employer determines that the Bidder has engaged in any of the prohibited acts stipulated in Article 16 of the Procurement Law during the bidding or execution of the framework agreement or contract; b) In case the Employer terminates part or all of the framework agreement under item a of this clause, the Employer may procure similar goods and related services that have not been performed, in a manner consistent with the terms and conditions. The Bidder shall be liable to compensate the Employer for any additional costs arising from the procurement of such similar goods and services. However, the Bidder must continue to perform the part of the framework agreement not terminated. 26.2. Termination of the framework agreement due to insolvency If the Bidder becomes bankrupt or insolvent, the Employer may terminate the framework agreement at any time by sending notice to the Bidder. In this case, the framework agreement shall be terminated and the Bidder shall not be entitled to any compensation, provided that the termination of the framework agreement does not prejudice or affect any prior or subsequent rights of the Employer to bring claims or seek remedies.
27. Export Restrictions	In the event that the country or territory providing goods and services has trade regulations leading to export restrictions, making it difficult for the Bidder to fulfill its contractual obligations, the Bidder shall not be obligated to complete the delivery of goods or provide services, provided that the Bidder submits to the Employer documents proving that all necessary export procedures have been completed, including applying for permits or authorizations to export goods or services under the contract. In such a case, the Employer may terminate the contract with the Bidder.

Chapter VII. SPECIFIC CONDITIONS OF THE FRAMEWORK AGREEMENT

Unless otherwise provided, all of the Specific Conditions (Electronic General Terms and Conditions of the ContractT) must be fully filled in by the Employer before issuing the Request for Proposals (Electronic Bidding Document).

Electronic General Terms and Conditions of the Contract 1.1	Employer:___ [fill in name, address, account number, tax code, phone, fax, email of the Employer, and authorized representative (if any)].
Electronic General Terms and Conditions of the Contract 1.3	Bidder:___[fill in name, address, account number, tax code, phone, fax, email of the Bidder].
Electronic General Terms and Conditions of the Contract 1.11	Project site:___ [fill in name and detailed information of the site].
Electronic General Terms and Conditions of the Contract 2.2 (i)	The following documents are also part of the framework agreement:___ [list documents].
Electronic General Terms and Conditions of the Contract 4.1	Notices must be sent to the Employer at the following address: - Recipient:___ [fill in the full name of the recipient, if any]. - Address:___ [fill in the complete address]. - Phone:___ [fill in the phone number, including country and city codes]. - Fax:___ [fill in the fax number, including country and city codes]. - Email address:___ [fill in email address (if any)].
Electronic General Terms and Conditions of the Contract 5.1	List of subbidders:__ [fill in the list of subbidders in accordance with the list of subbidders specified in the Request for Proposals (Electronic Pre-qualification application)].

Electronic General Terms and Conditions of the Contract 6.2	Time for mediation:___ [specify maximum number of days for mediation]. Dispute resolution:___ [specify time and mechanism for dispute resolution based on the scale and nature of the package. This should include the time for submitting the dispute resolution request, the dispute resolution organization (court, arbitration), and costs for dispute resolution...].
Electronic General Terms and Conditions of the Contract 8	The Bidder must provide the following information and documents:___ [list the necessary documents, e.g., VAT invoices, transport documents, bidder or manufacturer’s warranty certificates, inspection certificates from an inspection agency, packing lists, certificates of origin, quality certificates, etc.]. The Employer must receive the above information and documents before the goods arrive at the specified location, otherwise the Bidder will bear all related costs.
Electronic General Terms and Conditions of the Contract 10.1	Contract type:___[fill in the type of contract according to the approved bidder selection plan].
Electronic General Terms and Conditions of the Contract 10.2	Contract price: ___ [fill in “Fixed” for lump-sum contracts or contracts with fixed unit prices, or “adjustable” for contracts with adjustable unit prices according to the contract type specified in Section 10.1 of the Specific Conditions (Electronic General Terms and Conditions of the ContractT)]. If the contract provides for price adjustments, price adjustment of the contract is made by adjusting the unit price or calculating the contract price adjustment as follows: - Price adjustments are made from the time the factor affecting the price occurs and only apply to the volume performed according to the schedule specified in the contract or the schedule adjusted according to Section 25 of the General Conditions (Electronic General Terms and Conditions of the Contract). No price adjustments will be made for the work volumes corresponding to the amount of contract advance payments; - The contract price will be adjusted during the performance of the contract to reflect changes in labor and material costs. The price adjustment will be calculated using the following formula:______ [specify the price adjustment formula]. P₁ = P₀ [a + bL₁ + cM₁] - P₀ L₀ M₀ a+b+c = 1 Where: P₁ = Price payable to the bidder after price adjustment P₀ = Contract price (base price) a = Fixed factor representing profit and general management costs included in the contract price, usually ranging from 5% to 15%. b = Estimated percentage of labor costs in the contract price c = Estimated percentage of material costs in the contract price L₀, L₁ = Labor price indices applicable to the goods production sector in the country of origin on the base date and on the price adjustment date, respectively M₀, M₁ = Material price indices on the base date and on the price adjustment date in the country of origin of the goods, respectively In the Bid Proposal (HSDT), the Bidder must clearly state the source of these indices, exchange rate information (if applicable), and the index values on the base date. The factors a, b, and c will be determined by the Employer as follows: a = [fill in value of factor] b= [fill in value of factor] c= [fill in value of factor] Base date = 28 days before the bid submission deadline. Price adjustment date = [fill in number of weeks] weeks before the shipment date (usually corresponding to the time when half of the production process is complete). Conditions for price adjustment: (i) Price adjustments are not allowed beyond the original delivery deadline. Usually, price adjustments are not applicable for delays for which the Bidder is fully responsible. (ii) If the contract price P₀ is denominated in a currency other than the one used for labor and material price indices, a conversion factor will be applied to avoid errors when calculating the price adjustment. The conversion factor is calculated as follows: Z = Z₀/Z₁ Where: Z₀ = Number of units of the currency in which these indices are expressed per one unit of the currency used in the contract price P₀ on the base date; Z₁ = Number of units of the currency in which these indices are expressed per one unit of the currency used in the contract price P₀ on the price adjustment date. (iii) The amount corresponding to the advance payment made to the Bidder will not be subject to price adjustment].
Electronic General Terms and Conditions of the Contract 11.3	Tax adjustment: ___ [enter “Allowed” or “Not allowed”. If tax adjustment is allowed, specify: “During the performance of the contract, in the event of a change in tax policy (increase or decrease) at the time of payment and if the contract provides for tax adjustment, the bidder shall present documents clearly identifying the tax incurred, and the difference in tax policy will be adjusted as stipulated in the contract”].
Electronic General Terms and Conditions of the Contract 12.1	Advance payment: ____ [enter the amount of advance payment, necessary documents, and method of payment, in accordance with the law. The bidder shall provide a guarantee for the advance payment according to Form No. 20, Part 4 or another form approved by the Employer. For the production of high-value components and semi-finished products or materials that must be reserved seasonally, the contract must clearly state the advance plan and amount to ensure contract performance].
Electronic General Terms and Conditions of the Contract 13.2	Payment method: ___ [based on the nature and requirements of the bidding package, specify this content. Payments to the bidder can be made via bank transfer, and the number of payments may be multiple during the course of the contract or a single payment upon contract completion. The payment term may specify payment immediately or within a certain number of days from when the bidder submits all required documents. It is also necessary to specify the payment documents in accordance with the law.] The bidder will be paid the full contract price upon fulfilling the contract obligations. If the work volume performed is less than the volume stipulated in the contract, the parties must sign a supplementary appendix to the contract, specifying the new contract price corresponding to the actual work volume].
Electronic General Terms and Conditions of the Contract 17.2	Packing, labeling of goods, and documents inside and outside the package: ____ [specify the specific requirements for packing, labeling, and necessary documentation].
Electronic General Terms and Conditions of the Contract 18	Insurance details:____ [specify insurance details, including coverage, currency, and insurance amount].
Electronic General Terms and Conditions of the Contract 19.1	Transportation responsibility is as follows: [The Employer or state “Under the contract, the Bidder must transport goods to the project site. The transportation of goods to the project site, including insurance and warehousing as specified in the contract, is to be carried out by the Bidder; the related costs are included in the contract price”; or specify other commercial terms agreed upon by the parties (including specifying the corresponding responsibilities of the Employer and the Bidder)].
Electronic General Terms and Conditions of the Contract 19.2	The services include:_______ [specify the services in detail].
E-General Terms and Conditions of the Contract 20	Depending on the size, nature, and requirements of the bidding package, this content is specified in one of the following ways: - Apply only contract violation penalties. - Apply only damage compensation. - Apply both contract violation penalties and damage compensation. 1. Contract violation penalties: ___ [enter “Apply” or “Do not apply]. If contract violation penalties are applied, they are specified as follows: Except in cases of force majeure as stipulated in Clause 24 of the General Terms and Conditions of the Contract, if the Bidder fails to deliver the goods or provide related services within the time specified in the contract, the Employer may deduct from the contract price an amount equivalent to: ____%/week (or day, month...) [specify the percentage deduction for delayed goods or related services] until the work is completed. The Employer will deduct up to ____% [specify the maximum penalty]. Upon reaching the maximum penalty, the Employer may consider terminating the framework agreement as stipulated in Clause 26 of the General Terms and Conditions of the Contract. 2. Damage compensation: ___ [enter “Apply” or “Do not apply]. If damage compensation is applied, the compensation is specified in one of the following ways: - Compensation based on the full actual damage; - Compensation based on a fixed amount. In this case, specify the compensation amount, method of compensation, etc., in accordance with civil law.
E-General Terms and Conditions of the Contract 21.3	The warranty period is: ______ days [enter the number of days]. The warranty location is: ____ [enter the name of one or more locations].
E-General Terms and Conditions of the Contract 21.5 E-General Terms and Conditions of the Contract 21.6	The repair or replacement period is: _____ days [enter the number of days].

Chapter VIII. FRAMEWORK AGREEMENT

No.: ..................
Pursuant to the Law on Bidding dated 23 June 2013;
Based on…
Based on E-ITT, E-Bid and the bidder selection result....
Today, on month year , at ................, we include:
I. Centralized procurement entity:
Entity name:
........................................................................................................................
Establishment decision:
.........................................................................................................
Tax code:
.......................................................................................................................
Representative:
.............................................................., position .............................................
II. Supplier:
Supplier name:
........................................................................................................................
Establishment decision:
.........................................................................................................
Tax code:
.......................................................................................................................
Representative:
.............................................................., position .............................................
Both parties agree to sign the centralized procurement framework agreement with the following terms:
Article 1. Scope of goods supply
1. Goods name (sign, model number, origin of the goods as per the supply scope schedule).
2. List of goods quantities.
Article 2. List of agencies, organizations, and units directly using the goods.
Article 3. Goods Pricing
The unit price and price of the goods correspond to each type of goods in Article 1 of the Contract.
Article 4. Payment
Article 5. Settlement of the Framework Agreement
Article 6. Time and Place of Goods Delivery (Tentative)
1. Time of goods delivery.
2. Place of goods delivery.
Article 7. Warranty, Maintenance; Training and Instruction on Using the Goods
1. Warranty and maintenance conditions.
2. Training and instruction on using the goods.
Article 8. Rights and Obligations of the Parties Involved
1. Rights and obligations of the bidder supplying the goods.
2. Rights and obligations of the unit directly signing the procurement contract and using the goods.
3. Rights and obligations of the centralized procurement unit.
Article 9. Validity Period of the Framework Agreement
Article 10. Penalties for Breaching the Framework Agreement
Article 11. Other Related Contents
This framework agreement is made in ......... copies, each with the same legal value; The centralized procurement unit and the goods supplier (each party keeps 02 copies); sent to the relevant parties (each party keeps 01 copy).
This framework agreement serves as the basis for agencies, organizations, and units directly using the goods to sign procurement contracts with the goods supplier./.
(Depending on the scale and nature of the package, the centralized procurement unit may amend the contents of the framework agreement accordingly)

REPRESENTATIVE OF THE GOODS SUPPLIER (SIGNATURE, FULL NAME, AND SEAL)

REPRESENTATIVE OF THE CENTRALIZED PROCUREMENT UNIT
(SIGNATURE, FULL NAME, AND SEAL)

Part 4. CONTRACT TEMPLATE

This section includes templates that, after being filled out with complete information, will become part of the Contract. The Performance Guarantee and Advance Payment Guarantee templates are for the successful bidder to complete after being awarded the contract.

Form No. 16

LETTER OF ACCEPTANCE OF E-BID AND CONTRACT AWARD

____, on ____ day of ____ month, ____ year
To: ______ [insert name and address of the successful bidder] (hereinafter referred to as the “Bidder”)
Regarding: Notification of E-Bid Acceptance and Contract Award
Based on Decision No. ___ dated ___ month ___ year ___ of ______ [insert name of the project owner] (hereinafter referred to as the “Project Owner”) regarding the approval of the bidder selection results for the package______ [insert name and package number], the Bid Solicitation Entity ______ [insert name of the Bid Solicitation Entity] (hereinafter referred to as the “Bid Solicitation Entity”) informs: The Project Owner has accepted the E-Bid and awarded the contract to the Bidder for the package____ [insert name and package number. If the package is divided into parts, specify the part for which the bidder has been awarded] at the contract price of _____ [insert winning bid price as per the bidder selection approval decision] with the contract execution time of ___ [insert contract execution time as per the bidder selection approval decision].
We request the legal representative of the Bidder to proceed with finalizing and signing the contract with the Project Owner and the Bid Solicitation Entity as per the following plan:
- Contract finalization time:___ [insert contract finalization time], at location____ [insert contract finalization location];
- Contract signing time:___ [insert contract signing time], at location____ [insert contract signing location], attached is the Contract Draft.
We request the Bidder to provide the performance guarantee as per Form No. 18, Part 4 of the E-Bidding Documents, in the amount of ___ and validity period of ___ [insert corresponding amount and validity period as per Section 5.2 of the Special Conditions of Contract in the E-Bidding Documents].
This document is an inseparable part of the contract file. Upon receipt of this document, the Bidder must send a written acceptance to finalize, sign the contract, and provide the performance guarantee as requested above, confirming that the Bidder's current capability still meets the E-Bidding Documents requirements. The Project Owner will refuse to finalize and sign the contract with the Bidder if it is found that the Bidder's current capability does not meet the package execution requirements.
If by ___ day of ___ month ___ year ⁽¹⁾ the Bidder fails to finalize and sign the contract or refuses to do so, or fails to provide the performance guarantee as required, the Bidder will be disqualified and will not receive the bid security refund.
Legal representative of the Bid Solicitation Entity
[insert name, title, signature, and stamp]

Note:
(1) Insert the time as per the bid security guarantee form.

Form No. 17

CONTRACT⁽[11]⁾

____, on ____ day of ____ month ____ year
Contract No.: _________
Package: ____________ [insert name of the package]
Under Project: _________ [insert project name]
- Based on⁽²⁾___(Civil Code dated November 24, 2015);
- Based on⁽²⁾____(Law on Bidding dated June 23, 2023);
- Based on Decision No. ____ dated ____ month ____ year ____ of ____ regarding the approval of the bidder selection results for the package ____ [insert package name] and the Notification of E-Bid Acceptance and Contract Award No. ____ dated ____ month ____ year ____ of the Bid Solicitation Entity;
- Based on the minutes of contract finalization signed by the Bid Solicitation Entity and the successful bidder on ____ day of ____ month ____ year ____;
We, representing the contracting parties, include:
The Project Owner (hereinafter referred to as Party A)
Project Owner's Name:____________________________________________
Address:__________________________________________________
Phone:___________________________________________________
Fax:_____________________________________________________
E-mail:___________________________________________________
Bank Account:____________________________________________
Tax Code:_________________________________________________
Representative:____________________________________________
Position:_________________________________________________
Power of Attorney to sign contract No. ___ dated ___ month ___ year ___(in case of authorization).
Bidder (hereinafter referred to as Party B)
Bidder's Name:______________________________________________
Address:__________________________________________________
Phone:________________________________________________
Fax:_____________________________________________________
E-mail:___________________________________________________
Bank account:_______________________________________________
Tax code:_______________________________________________
Representative: Mr./Ms.__________________________________________
Position:_________________________________________________
Power of attorney to sign contract No. ____ dated ____ month ____ year ____ (if applicable).
The two parties agree to enter into a goods supply contract with the following terms:
Article 1. Contract Object
The object of the contract is the goods detailed in the attached Appendix.
Article 2. Contract Components
The contract components and their legal priority are as follows:
1. Contract document (including Scope of Supply and Price List along with other Appendices);
2. Contract finalization minutes;
3. Decision approving bidder selection result;
4. Special Terms and Conditions of the contract;
5. General Terms and Conditions of the contract;
6. Bid submission documents and documents forming the bidder's offer (if any);
7. Bid invitation documents and amendments to bid invitation documents (if any);
8. Other accompanying documents (if any).
Article 3. Responsibilities of Party A
Party A agrees to pay Party B the contract price specified in Article 5 of this contract in the manner specified in the specific conditions of the contract, as well as fully performing other obligations and responsibilities as stipulated in the general and specific conditions of the contract.
Article 4. Responsibilities of Party B
Party B agrees to provide Party A with all goods as specified in Article 1 of this contract, and commits to fulfilling all obligations and responsibilities outlined in the general and specific conditions of the contract.
Article 5. Contract Price and Payment Terms
1. Contract Price: [specify the amount in figures, in words, and the contract currency].
2. Payment Terms: Payment as per the method specified in Section 14.2 of the Special Terms and Conditions.
Article 6. Contract Type
Contract Type: as per the conditions in the Special Terms and Conditions.
Article 7. Contract Execution Time: ____ [specify the contract execution time in accordance with Section 9 of the General Terms and Conditions, the Bid submission documents, and the contract finalization between the two parties].
Article 8. Contract Validity
1. The contract shall take effect from ___ [specify the exact effective date of the contract].
2. The contract will expire after the two parties carry out the contract liquidation according to the law.
The contract is made in __ copies, the Investor keeps __ copies, the Bidder keeps __ copies, and all copies have the same legal validity.

LEGAL REPRESENTATIVE OF THE CONTRACTOR
[state name, title, sign and stamp]

LEGAL REPRESENTATIVE OF THE INVESTOR
[state name, title, sign and stamp]

APPENDIX: CONTRACT PRICE TABLE

(Attached to contract number _____, dated ____ month ____ year ____)

This Appendix is based on the Bidder's bid price quotation according to the corresponding Bid Price Forms specified in the Bid Invitation Documents and the agreements reached during contract finalization, which include unit prices, total prices for each item, and work content.

Form No. 18

PERFORMANCE GUARANTEE

____, dated ____ month ____ year ____

To: _____ [state name of the Investor] (hereinafter referred to as the "Investor")
At the request of ____ [state name of the Bidder] (hereinafter referred to as the "Bidder"), the bidder who has won the bid for the package ____ [state name of the package] and commits to signing a contract to supply goods for the aforementioned package (hereinafter referred to as the "Contract"); ⁽¹⁾
According to the provisions in the Bid Invitation Documents (or contract), the Bidder must submit to the Investor a bank guarantee in a specified amount to ensure the fulfillment of its obligations and responsibilities in the execution of the contract;
We, ____ [state name of the bank] with registered office at ____ [state address of the bank⁽²⁾] (hereinafter referred to as the "Bank"), hereby guarantee the Bidder's performance of the contract with an amount of ____ [state the corresponding value in figures, in words, and the currency used as stipulated in Section 5.2 of the Special Terms and Conditions of the Bid Invitation Documents]. We unconditionally and irrevocably commit to paying the Investor any amount within the limit of ____ [state the guarantee amount] as mentioned above, upon receipt of written notice from the Investor that the Bidder has breached the contract during the validity period of the performance guarantee.
This guarantee shall be valid from the issuance date until the end of ____ month ____ year ____⁽³⁾.

Legal representative of the bank
[state name, title, sign, and stamp]

Note:
(1) If the guaranteeing bank requires a signed contract before issuing a guarantee, the Bid Solicitor will report to the Investor for consideration and decision. In this case, the above paragraph can be modified as follows:
“At the request of ____ [state the name of the Bidder] (hereinafter referred to as the "Bidder") who won the bid for package ____ [state the name of the package], and signed contract number __ [state contract number] on __ month ___ year ___ (hereinafter referred to as the "Contract").”
(2) Bank address: specify the address, phone number, fax number, and email for contact.
(3) Specify the duration in accordance with the requirements in Section 5.2 of the Special Terms and Conditions.

Form No. 19

ADVANCE PAYMENT GUARANTEE ⁽¹⁾

____, dated ____ month ____ year ____

To: ___ [state the name of the Investor] (hereinafter referred to as the “Investor”)
[state contract name, contract number]

According to the advance payment terms stated in the specific conditions of the contract, ___ [state the name and address of the bidder] (hereinafter referred to as the “Bidder”) must submit to the Investor a bank guarantee to ensure the bidder uses the advance payment of ___ [state the amount in figures, in words, and the currency used] for the execution of the contract;
We, ____ [state the name of the bank] with registered office at ____ [state the address of the bank⁽²⁾] (hereinafter referred to as the “Bank”), at the request of the Investor, unconditionally and irrevocably, and without requiring prior consideration from the bidder, agree to pay the Investor upon demand an amount not exceeding ___ [state the amount in figures, in words, and the currency used as stipulated in Section 13.1 of the Special Terms and Conditions of the Bid Invitation Documents].
In addition, we agree that any changes, additions, or adjustments to the conditions of the contract or any related documents signed between the Bidder and the Investor will not alter any of our obligations under this guarantee.
This guarantee is effective from the date the bidder receives the advance payment under the contract until the day ___ month ___ year ___ ⁽³⁾.
Legal representative of the bank
[state name, title, sign, and stamp]
Note:
(1) Based on the specific conditions of the package, specify as required in Section 13.1 of the Special Terms and Conditions.
(2) Bank address: clearly specify the address, phone number, fax number, and email for contact.
(3) Delivery date specified in the contract. If delivery is in installments, the advance payment guarantee can expire when the value of the delivered and accepted goods is equal to or greater than the advance payment amount. In case an extension of the contract execution time is required, the extension of the validity period of the advance payment guarantee will also be required.

Form No. 20

POWER OF ATTORNEY ⁽¹⁾

Today, on ____ month ____ year ____, at ____

I, ____[state name, ID card or passport number, title of the legal representative of the bidder], am the legal representative of ____[state name of the bidder] with address at ____[state bidder's address], hereby authorize ____[state name, ID card or passport number, title of the authorized person] to perform the following tasks in the bidding process for the package ____[state name of the package] under the project/procurement estimate ____[state name of the project/procurement estimate] organized by ____[state name of the Investor]:
[- Participate in the contract finalization process;
- Sign a contract with the Investor if selected]⁽²⁾.
The authorized person mentioned above shall only carry out tasks within the scope of the authorization as the legal representative of ____[state name of the bidder]. ____[state name of the legal representative of the bidder] is fully responsible for the tasks performed by ____[state name of the authorized person] within the scope of the authorization.
The power of attorney is effective from ____ to ____. ⁽³⁾ This power of attorney is made in ____ copies, each of equal legal value. The authorizer keeps ____ copies, the authorized person keeps ____ copies, and the Bid Solicitor keeps ___ copies.

Authorized Person
[state name, title, sign, and stamp (if applicable)]

Authorizer
[state the name of the legal representative of the bidder, title, sign, and stamp]

Note:
(1) In case of authorization, the original power of attorney must be submitted to the Bid Solicitor when completing and signing the contract. The authorization by the legal representative of the bidder to deputies, subordinates, branch directors, or the head of the bidder's representative office to act on behalf of the legal representative of the bidder to perform one or more of the above-mentioned tasks. The use of the seal in case of authorization can be either the bidder’s seal or the seal of the unit where the individual concerned is authorized. The authorized person is not allowed to delegate further authorization.
(2) The scope of authorization includes one or more of the tasks mentioned above.
(3) Specify the effective date and expiration date of the power of attorney in accordance with the process of completing and signing the contract, ensuring the effective date is before the authorized tasks are performed.

[1] In cases where centralized procurement using a framework agreement is applied, this section can be omitted.

[2] If centralized procurement is not applied or is applied but without using a framework agreement, this section can be omitted.

[3] Insurance for related service items, e.g., installation insurance, repair insurance, etc.

[4] This content is evaluated only for bidders who are non-business units.

[5] Bidders who are non-public business units established under the law must meet the conditions specified in Section 5 of the Bid Invitation Documents (Electronic Competitive Dialogue and Negotiated Tendering) when participating in the bid.

[6] For packages applying competitive bidding, based on the scale and nature of the package, the investor or bid solicitor may choose to include evaluation criteria for capacity and experience as appropriate. For simple packages, it may not be necessary to require capacity and experience under this provision, but the bidding bidder must commit to having sufficient capacity and experience to perform the package (the commitment is included in the bid submission when the bidder submits the Bid Invitation Documents - Electronic Pre-qualification application).

[7] If this method is applied, delete Clause 3.2, Section 3 of this Chapter.

[8] If this method is applied, delete Clause 3.1, Section 3 of this Chapter.

[9] If this method is applied, delete Clause 4.2, Section 4 of this Chapter. For centralized procurement packages applying bidder selection based on supply capability, apply the lowest price method.

[10] If this method is applied, delete Clause 4.1, Section 4 of this Chapter.

^([11]) Based on the scale and nature of the package, the contents of the contract in this template may be modified or supplemented accordingly, especially for items where there are differences from the Special Terms and Conditions (Electronic General Terms and Conditions of the ContractT) when completing the contract.
⁽²⁾ Update legal normative documents according to current regulations.

Download File

Download File : mau-so-4a-e-hsmt-hang-hoa-1-tui.docx

Documents of the Same Type "Circulars"

Code

Publtime

Summary

Code:3C

Publtime:31/12/2024

Form No. 3C used to make a report on the evaluation of contractor selection results

Form No. 3C used to make a report on appraisal of contractor selection results.

Code:3B

Publtime:31/12/2024

Form No. 3B used to make a list of contractors' lists

Form No. 3B is used to make a report on appraisal of contractors to meet the technical requirements for the bidding package to apply the method of one phase of two dossiers, the bidding package applies the form of online price welcome according to the usual process;

Code:3A

Publtime:31/12/2024

Form No. 3A used to make a report on appraisal of bidding documents

Code:09/2024/TT-BXD

Publtime:30/08/2024

Circular 09/2024/TT-BXD

Circular No. 09/2024/TT-BXD of the Ministry of Construction: Amending and supplementing a number of construction norms issued in Circular No. 12/2021/TT-BXD dated August 31, 2021 of the Minister of Construction

Code:12/2021/TT-BXD

Publtime:31/08/2021

Appendix VIII attached to Circular 12/2021/TT-BXD

Appendix VIII attached to Circular No. 12/2021/TT-BXD dated August 31, 2021 of the Minister of Construction

Documents of the Same Field "Đấu thầu"

Code

Publtime

Summary

Code:06/2024/TT-BKHĐT

Publtime:26/04/2024

Circular 06/2024/TT-BKHDT

Instructions for submitting and posting bidder selection and bidding document templates on the National Bidding System

Code:2C

Publtime:15/02/2024

Form 02C

Form No. 02C is used to prepare the Decision approving the bidder selection plan.

Code:2B

Publtime:15/02/2024

Form 02B

Form No. 02B is used to prepare a report on appraisal of contractor selection plan.

Code:2A

Publtime:15/02/2024

Form 02A

Form No. 02A is used to prepare the Bidder Selection Plan Proposal.

Code:1C

Publtime:15/02/2024

Form 01C

Form No. 01C is used to prepare the Decision approving the master plan for contractor selection.

Documents of the Same Issuing Authority "Ministry of Planning and Investment"

Code

Publtime

Summary

Code:3C

Publtime:31/12/2024

Form No. 3C used to make a report on the evaluation of contractor selection results

Form No. 3C used to make a report on appraisal of contractor selection results.

Code:3B

Publtime:31/12/2024

Form No. 3B used to make a list of contractors' lists

Code:3A

Publtime:31/12/2024

Form No. 3A used to make a report on appraisal of bidding documents

Code:1D

Publtime:31/12/2024

Form 1D used to make a dossier of request for consulting service bidding package

Form 1D is used to make a dossier of request for consulting service bidding package.

Code:1C

Publtime:25/02/2025

Form No. 1C used to make a dossier to request a non -advisory service bidding package

Form No. 1C used to make a dossier of request for non -advisory service bidding package;

Form No. 4A

10.1. The bid form extracted by the System as prescribed in Section 11 of Electronic Competitive Dialogue and Negotiated Tendering;

10.2. The joint venture agreement extracted by the System as per Form 03, Chapter IV (for joint venture bidders);

10.3. Bid security as prescribed in Section 18 of Electronic Competitive Dialogue and Negotiated Tendering;

10.4. Statement of capacity and experience of the bidder as per Section 16 of Electronic Competitive Dialogue and Negotiated Tendering;

10.5. Technical proposal and documents as prescribed in Section 15 of Electronic Competitive Dialogue and Negotiated Tendering;

10.6. Financial proposal and fully filled-out forms as prescribed in Sections 11 and 13 of Electronic Competitive Dialogue and Negotiated Tendering;

10.8. Other contents as prescribed in Electronic Bidding Document List.

Form No. 09B. List of Subsidiaries and Member Companies Undertaking Parts of the Contract

AGREEMENT DOCUMENT

LIST OF SUBSIDIARIES, AFFILIATE COMPANIES

UNDERTAKING PARTS OF THE PACKAGE(1)

1.1. “Owner” is the organization specified in Electronic General Terms and Conditions of the ContractT;

1.2. “Contract” is the agreement between the Owner and the Bidder, expressed in writing, signed by both parties, including annexes and accompanying documents;

1.3. “Bidder” is the winning bidder (could be an independent bidder or a joint venture) and is specified in Electronic General Terms and Conditions of the ContractT;

1.5. “Contract Documents” are the documents listed in the Contract, including any modifications or additions to the Contract;

1.6. “Contract Price” is the total amount stated in the contract for the supply of goods and related services. The Contract Price includes all taxes, fees, and charges (if any);

1.7. “Day” refers to a calendar day; “year” refers to 365 days;

1.8. “Goods” includes machinery, equipment, raw materials, fuel, materials, spare parts; products; vehicles; consumer goods; medicines, chemicals, testing supplies, medical equipment; commercial software.;

1.9. “Related Services” includes services such as installation, maintenance, initial repair, installation insurance, repair insurance, or other after-sales services like training, technology transfer…;

1.10. “Completion” refers to the Bidder fulfilling related services under the terms and conditions stipulated in the Contract;

1.11. “Project Site” refers to the location specified in Electronic Specific Terms and Conditions of the Contract

The Bidder affected by the force majeure event must continue to perform its contractual obligations as circumstances reasonably permit and take all reasonable measures to mitigate the consequences of the force majeure event.

1.1. “Investor” is the organization specified in General Terms and Conditions of the Contract;

1.2. “Framework Agreement” is the agreement between the Investor and the Bidder, made in writing, signed by both parties, including any appendices and accompanying documents;;

1.3. “Bidder” is the winning bidder (which may be an independent bidder or a consortium) and is specified in General Terms and Conditions of the Contract;

1.5. “Contract Documents” are the documents listed in the Contract, including any amendments or supplements to the Contract;

1.6. “Contract Price” is the total amount specified in the contract for the provision of goods and related services. The contract price includes all taxes, fees, and charges (if any);

1.7. “Day” refers to a calendar day; “year” refers to 365 days;

1.8. “Goods” include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; products; vehicles; consumables; drugs, chemicals, testing materials, medical equipment; commercial software;;

1.9. “Related Services” include services such as installation, maintenance, initial repairs, installation insurance, repair insurance, or other post-sale services such as training, technology transfer…;

1.10. “Completion” refers to the Bidder's fulfillment of the related services according to the terms and conditions stipulated in the Contract;

1.11. “Project site” is the location specified in Electronic Specific Terms and Conditions of the Contract

The Bidder affected by the force majeure event must continue to perform the contract obligations as far as the actual circumstances allow and must take all reasonable measures to mitigate the consequences of the force majeure event.

POWER OF ATTORNEY (1)

UNDERTAKING PARTS OF THE PACKAGE⁽¹⁾

POWER OF ATTORNEY ⁽¹⁾