Model number 3A

Form No. 3A is used to prepare the E-Bidding Documents (E-HSMT) applicable to the forms of open bidding, limited bidding, and competitive offering in accordance with the one-stage, one-envelope method.

Subject	Ministry of Planning and Investment	Code	3A
Category	Law	Signer	Nguyễn Chí Dũng
Area	Đấu thầu	Publtime	15/02/2024

FORM NO. 3A

ELECTRONIC BIDDING DOCUMENTS FOR
CONSTRUCTION BIDDING PACKAGE WITH ONE-STAGE, ONE-ENVELOPE PROCEDURE

(Issued in conjunction with Circular No. 06/2024/TT-BKHĐT
dated April 26, 2024, of the Minister of Planning and Investment)

BIDDING DOCUMENTS

Package number and E-TBMT (Electronic Invitation To Bid) number (on the System):	_________________
Package name *(as per the content of E-TBMT on the System)*:	_________________
Project/procurement estimate (according to the E-TBMT content on the System):	_________________
Release date (according to the E-TBMT content on the System):	_________________
Issued together with the Decision (according to the E-TBMT content on the System):	_________________

TABLE OF CONTENTS

Summary Description
Part 1. BIDDING PROCEDURES
Chapter I. Instructions to Bidders
Chapter II. Bidding Data Sheet
Chapter III. Evaluation Criteria of E-Bids
Chapter IV. Invitation and Bid Forms
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
Part 3. CONTRACT CONDITIONS AND CONTRACT FORMS
Chapter VI. General Conditions of Contract
Chapter VII. Specific Conditions of Contract
Chapter VIII. Contract Forms

SUMMARY DESCRIPTION

Part 1. BIDDING PROCEDURES
Chapter I. Instructions to Bidders
This chapter provides information to help bidders prepare E-HSDT (Electronic Bid Documents). The information includes regulations on the preparation, submission, bid opening, evaluation of E-HSDT, and contract award. The regulations in this chapter are to be used without modification.
This chapter applies uniformly to all online construction packages, fixed in PDF format and posted on the System.
Chapter II. Bidding Data Sheet
This chapter specifies the contents of Chapter I when applied to each package.
This chapter is digitized in the form of webforms on the System. The investor enters the information into the E-BDL on the System.
Chapter III. Evaluation Criteria for E-HSDT
This chapter includes criteria for evaluating E-HSDT, specifically:
- Section 1 (Evaluation of the validity of E-HSDT) is fixed in PDF/Word format and posted on the System;
- Section 2 (Evaluation criteria on capacity and experience) is digitized in the form of webforms. The investor needs to enter information into the corresponding webforms;
- Section 3 (Technical evaluation criteria), Section 4 (Financial evaluation criteria), and Section 5 (Alternative technical proposal in E-HSDT (if any)) are PDF/Word files prepared and uploaded by the investor on the System.
Based on the information entered by the investor, the System automatically generates bid templates corresponding to the evaluation criteria.
Chapter IV. Invitation to Bid and Bid Forms
This chapter includes the forms that the investor and the bidder must complete to form part of the E-HSMT (Electronic Bidding Documents) and E-HSDT . In this chapter, some forms are digitized as webforms and some are PDF/Word files.The investor and the bidder need to enter the information into the corresponding webforms suitable for the package to create the E-HSMT and E-HSDT on the System.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
This chapter provides information on technical specifications, drawings, and additional information describing the project, displayed in PDF/Word/CAD files prepared and attached by the Investor on the System.
Part 3. CONTRACT CONDITIONS AND CONTRACT FORMS
Chapter VI. General Conditions of Contract
This chapter includes general provisions applicable to all contracts of different packages. These regulations are to be used without modification.
This chapter applies uniformly to all online construction packages, fixed in PDF format and posted on the System.
Chapter VII. Specific Conditions of Contract
This chapter includes contract data and Specific Conditions for each contract. The specific conditions of the contract are intended to detail and supplement, but not replace, the General Conditions of Contract.
This chapter is digitized in the form of webforms. The Investor enters the information into the Specific Conditions of Contract on the System.
Chapter VIII. Contract Forms
This chapter includes the forms which, once completed, will become an integral part of the contract. The performance guarantee forms (Letter of Guarantee) and Advance Payment Guarantee (if any) must be completed by the winning bidder before the contract takes effect.
This chapter includes PDF/Word files prepared by the Investor according to the template.

Part 1. BIDDING PROCEDURES
Chapter I. INSTRUCTIONS TO BIDDERS

1. Scope of the Package	1.1. The investor specified in E-BDL issues this E-HSMT to select a bidder for the construction package through a one-stage, one-envelope method. 1.2. The name of the package, project/procurement estimate is specified in E-BDL.
2. Explanation of Terms in Online Bidding	2.1. The bid closing time is the deadline for receiving E-HSDT and is specified in the E-TBMT on the System. 2.2. A day refers to a calendar day, including weekends, public holidays, and Tet holidays as prescribed by labor law. 2.3. The time and date on the System are displayed in GMT+7.
3. Funding Source	The funding source for the package is specified in E-BDL.
4. Prohibited Acts	4.1. Giving, receiving, or brokering bribes. 4.2. Abusing positions or powers to influence or unlawfully interfere with bidding activities in any form. 4.3. Collusion in bidding includes the following acts: a) Arranging, agreeing, or coercing to prepare or withdraw E-HSDT so that one party wins the bid; b) Arranging or agreeing to refuse to supply goods or services, or not signing subcontracting contracts, or engaging in other agreements to limit competition so that one party wins the bid; c) A capable and experienced bidder who has participated and met the requirements of the E-HSMT intentionally fails to provide documents to prove their capability or experience when requested by the bid inviter to clarify E-HSDT or when asked to compare documents to create conditions for one party to win the bid. 4.4. Fraud includes the following acts: a) Forging or falsifying information, records, or documents in bidding; b) Intentionally providing untruthful, biased information or documents in E-HSDT to distort the results of bidder selection. 4.5. Obstruction includes the following acts: a) Destroying, deceiving, altering, concealing evidence, or making false reports; threatening or suggesting to any party to prevent clarification of bribery, fraud, or collusion with competent agencies regarding supervision, inspection, audit; b) Obstructing competent authorities, investors, bid inviters, and bidders in selecting bidders; c) Obstructing competent agencies in supervising, inspecting, and auditing bidding activities; d) Intentionally filing complaints, denunciations, or petitions falsely to obstruct bidding activities; đ) Violating laws on cybersecurity to interfere with or obstruct online bidding. 4.6. Failing to ensure fairness and transparency includes the following acts: a) Participating in bidding as a bidder for the package where one acts as the bid inviter or investor, or performing the duties of a bid inviter or investor in violation of the Bidding Law; b) Participating in the preparation and simultaneously participating in the appraisal of the E-HSMT for the same package; c) Participating in the evaluation of E-HSDT and simultaneously participating in the appraisal of the bidder selection result for the same package; d) Individuals from the bid inviter or investor directly involved in the bidder selection process or participating in the expert group, the appraisal group of bidder selection results, or having authority or being the head of the investor, bid inviter for packages where a family member as defined by the Law on Enterprises is bidding or is the legal representative of the bidding bidder; đ) A bidder participating in a construction package for which the bidder has provided consulting services, including: preparation, verification, appraisal of cost estimates, technical design, construction drawing design, overall technical design (FEED design), preparation and appraisal of E-HSMT; evaluation of E-HSDT; goods inspection; appraisal of bidder selection results; supervision of contract performance; e) Submitting a bid for a package under a project of the investor or bid inviter that the bidder previously worked for in a leadership or management position within 12 months from the date they ceased working at that agency or organization; g) Specifying specific brand names or origins of goods in the E-HSMT, except as provided in Point e, Clause 3, Article 10, Clause 2, Article 44, and Clause 1, Article 56 of the Bidding Law; h) Stating conditions in the E-HSMT to limit the participation of bidders or to create advantages for one or several bidders, causing unfair competition in violation of Clause 3, Article 44 of the Bidding Law; 4.7. Disclosing documents and information regarding the bidder selection process, except for providing information as specified in 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, Point b, Clause 4, Article 93 of the Bidding Law, including: a) The content of the E-HSMT before the issuance date as prescribed; b) The content of E-HSDT; the content of the bid inviter’s request for clarification of E-HSDT and the bidder's responses during the evaluation process; reports from the bid inviter, expert group reports, appraisal reports, consulting bidder reports, reports from relevant professional agencies during the bidder selection process; meeting minutes, comments, and evaluations of each E-HSDT before being disclosed as prescribed; c) The bidder selection result before being publicly disclosed as prescribed; d) Other documents during the bidder selection process that are determined to contain state secrets according to the provisions of law. 4.8. Transfer of contracts in the following cases: a) The bidder transfers to another bidder part of the work beyond the maximum value allocated for subbidders and the workload for special subbidders specified in the contract; b) The bidder transfers to another bidder part of the work within the maximum value for subcontracted work specified in the contract but beyond the scope of work for the subbidder proposed in the E-HSDT without the approval of the investor or supervising consultant; c) The investor or supervising consultant approves the bidder to transfer work as specified in point a of this clause; d) The investor or supervising consultant approves the bidder to transfer work as specified in point b of this clause, exceeding the maximum value for subcontracted work stated in the contract.
5. Eligible Bidder Status	5.1. A bidder is an organization that meets the following conditions: a) Has independent financial accounting; b) Is not in the process of dissolution or has its enterprise registration certificate, cooperative registration certificate, or cooperative union registration certificate revoked; is not in a state of insolvency as prescribed by the law on bankruptcy; c) Ensures competition in bidding as specified in E-BDL; d) Is not currently suspended from bidding as prescribed by the Bidding Law; đ) Is not under criminal investigation; e) Is not in a state of suspension or termination from participating in the System; g) Meets the conditions for business size as specified in E-BDL. 5.2. A 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 ceasing operations or has its household business registration certificate revoked; the household business owner is not under criminal investigation; c) Meets the conditions specified in points c, d, and e of Section 5.1 E-CDNT.
6. Contents of E-HSMT	6.1. E-HSMT includes E-TBMT and Part 1, Part 2, Part 3 along with documents amending and clarifying the E-HSMT as prescribed in Section 7 E-CDNT (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 E-HSDT; - Chapter IV. Invitation and Bid Forms. Part 2. Technical Requirements: - Chapter V. Technical Requirements. Part 3. Contract Conditions and Contract Forms: - Chapter VI. General Conditions of Contract; - Chapter VII. Specific Conditions of Contract; - Chapter VIII. Contract Forms. 6.2. The investor will not be responsible for the accuracy or completeness of the E-HSMT, documents clarifying the E-HSMT, or any documents amending the E-HSMT as prescribed in Section 7 E-CDNT if these documents are not provided by the investor on the System. The E-HSMT issued by the investor on the System will serve as the basis for evaluation. 6.3. The bidder must study all information in the E-TBMT, E-HSMT, including any amendments, clarifications to the E-HSMT, and pre-bid meeting minutes (if any) to prepare the E-HSDT in accordance with the E-HSMT requirements.
7. Amendments, Clarifications to E-HSMT, Site Survey	7.1. In case of amendments to the E-HSMT, the bid inviter shall upload the amendment decision along with the amended content and the revised E-HSMT (webform and attached files). The amendments to the E-HSMT must be made at least 10 days before the bid closing date; for packages with a bid value not exceeding 20 billion VND, the amendments to the E-HSMT must be made at least 03 working days before the bid closing date, ensuring sufficient time for bidders to complete their E-HSDT. If the above timeframes cannot be met, the bid closing date must be extended. 7.2. In case of the need for clarification of the E-HSMT, the bidder must submit a clarification request to the bid inviter through the System at least 03 working days before the bid closing date for the bid inviter to consider and address. The bid inviter shall review and clarify the request through the System no later than 02 working days before the bid closing date, describing the clarification request without mentioning the name of the bidder. If the clarification results in amendments to the E-HSMT, the Investor shall amend the E-HSMT in accordance with Section 7.1 E-CDNT. 7.3. The bid inviter is responsible for monitoring the information on the System to promptly clarify the E-HSMT upon the bidder's request. 7.4. The bidder is responsible for monitoring the information on the System to update themselves on amendments to the E-HSMT, changes to the bid closing date (if any), as a basis for preparing the E-HSDT. In the event of any errors due to failure to monitor and update information on the System, resulting in disadvantages for the bidder during the bidding process, including changes to the E-HSMT, bid closing date, and other contents, the bidder shall bear the responsibility and any disadvantage in the bidding process. 7.5. The bidder should conduct a site survey of the construction area and related locations and is responsible for obtaining all necessary information to prepare the E-HSDT and execute the construction contract if awarded. All costs of the site survey shall be borne by the bidder.
7.6. The Investor and Bid inviter will allow the bidder and their related parties to access the site for the purpose of conducting a site survey, provided that the bidder and their related parties commit that the Investor, Bid inviter, and their related parties will not be liable for any responsibility towards the bidder and their related parties concerning this site survey. The bidder and their related parties shall be responsible for any risks, such as accidents, loss or damage to property, and any other loss, damage, or costs incurred from the site survey. If necessary, the Investor and Bid inviter will organize and guide the bidder through the site survey as prescribed in E-BDL. 7.7. If necessary, the Bid inviter shall organize a pre-bid meeting to discuss any unclear content in the E-HSMT as prescribed in E-BDL. The Bid inviter shall upload a notification of the pre-bid meeting on the System; all interested bidders may attend the pre-bid meeting without prior notice to the Bid inviter. The discussion between the Investor, Bid inviter, and the bidder must be recorded in minutes and written clarifications of the E-HSMT shall be posted on the System within 02 working days from the end of the pre-bid meeting. 7.8. If the E-HSMT needs to be amended after the pre-bid meeting, the Investor shall amend the E-HSMT as prescribed in Section 7.1 E-CDNT. The pre-bid meeting minutes are not considered an amendment to the E-HSMT. 7.9. The fact that a bidder does not conduct a site survey, does not attend the pre-bid meeting, or does not have a confirmation of the site survey or pre-bid meeting attendance shall not be grounds for rejecting the bidder's E-HSDT.
8. Bidding Costs	The E-HSMT is issued free of charge on the System immediately after the Bid inviter successfully uploads the E-TBMT on the System. The bidder is responsible for all costs related to the bidding process. The cost of submitting the E-HSDT is as prescribed in E-BDL. In all cases, the Investor shall not be responsible for any costs related to the bidder’s participation in the bidding process.
9. Language of E-HSDT	The E-HSDT and all documents and related materials must be written in Vietnamese. Supporting documents in the E-HSDT may be written in other languages, accompanied by a Vietnamese translation. In the absence of a translation, the Bid inviter may request the bidder to submit a supplement (if necessary).
10. Components of the E-HSDT	The E-HSDT includes the following components: 10.1. The bid form is extracted by the System as prescribed in Section 11 E-CDNT; 10.2. The partnershipagreement is extracted by the System according to Form No. 03 in Chapter IV (for partnership bidders); 10.3. Bid security as prescribed in Section 18 E-CDNT; 10.4. Declaration of the bidder's capacity and experience as prescribed in Section 16 E-CDNT; 10.5. Technical proposal and documents as prescribed in Section 15 E-CDNT; 10.6. Financial proposal and fully completed tables as prescribed in Sections 11 and 13 E-CDNT; 10.7. Proposal for alternative technical solutions in the E-HSDT as prescribed in Section 12 E-CDNT (if any); 10.8. Other contents as prescribed in E-BDL.
11. Bid Form and Tables	The bidder must fully complete the forms in Chapter IV. The bidder shall check the information in the bid form and tables extracted by the System to complete the E-HSDT.
12. Proposal for Alternative Technical Solutions in E-HSDT	12.1. Alternative technical solutions shall only be considered if the E-HSMT stipulates in E-BDL that bidders may propose alternative technical solutions. 12.2. Alternative technical solutions will only be considered if the main 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 Bid inviter to evaluate the alternative technical solution, including: explanation, drawings, technical specifications, construction organization methods, construction schedule, cost, and other relevant information. The evaluation of the alternative technical solutions in the E-HSDT is carried out according to the provisions in Section 5, Chapter III.
13. Bid Price and Discounts	13.1. The bid price is the price offered by the bidder in the bid form (excluding discounts) and includes all costs required to execute the package. The System automatically extracts the bid price from Form No. 11 (11A, 11B, 11C, 11D, or 11E) in Chapter IV into the bid form. 13.2. If the bidder proposes a discount, the discount percentage should be recorded in the bid form. This discount is understood to be evenly applied across all items in the bid summary; for fixed price and adjustable price contracts, the discount is applied to the bid price excluding contingencies. 13.3. For lump-sum contracts: a) For lump-sum contracts, the bid price includes all necessary costs to execute the package in accordance with the design and technical requirements stated in the E-HSMT. The bidder is responsible for reviewing the Work Item List in Form No. 01A, Chapter IV, against the design to propose an appropriate bid summary. The Work Item List in Form No. 01A, Chapter IV, is for reference only. b) The bidder may add or remove work items in the Work Item List in Form No. 01A, Chapter IV, to align with the design and provide pricing for the work items (after adding or removing items, if any) in Form No. 11A, Chapter IV. If the bidder enters “0” in the “price per item” column, it is considered that the bidder has allocated the cost of that work item into another work item in the package, and it will not be paid separately by the investor. The bidder is responsible for executing all work items according to the design, ensuring quality and progress. 13.4. For fixed price and adjustable price contracts: a) The bid price includes all necessary costs to execute the package. The bidder must quote unit prices for each work item according to the scope of work in Form No. 01B, Form No. 01C, Chapter IV. b) If the bidder enters “0” in the “unit price per item” column, it is considered that the bidder has allocated the cost of that work item into the cost of another work item in the package, and it will not be paid separately by the investor. The bidder is responsible for executing all work items according to the design, ensuring quality and progress. 13.5. The bidder's bid price must include all taxes, fees, and charges (if any) according to the tax rate, fee, and charge rate 28 days before the bid closing time as prescribed. If the bidder declares that the bid price does not include taxes, fees, or charges (if any), the bidder's E-Bid Submission will be rejected. 13.6. The bidder must submit an E-Bid Submission for all the work required in the E-Bidding Document and state the unit price for all the work listed in the "Description of Bidding Work" column as per Form 11 (11A, 11B, 11C, 11D, or 11E) of Chapter IV. 13.7. The bidder is responsible for the bid price to carry out the work according to the design and technical requirements stated in the E-Bidding Document. In case the bidder offers abnormally low unit prices that affect the quality of the package, the Procuring Entity may request the bidder to clarify the feasibility of such abnormally low prices in accordance with Clause 11, Article 131 of Decree No. 24/2024/ND-CP. 13.8. Output-based contracts may be applied to maintenance, repair, and preservation work where specific output quality requirements and evaluation methods have been determined.
14. Bid Currency and Payment Currency	The bid currency and payment currency is VND.
15. Technical Proposal Components	The bidder must submit a Technical Proposal (attached to the System) including a detailed description of the work execution method, equipment, personnel, schedule, and any other information required in Chapter V, sufficiently detailed to demonstrate the proposal's compliance with the work requirements and completion deadlines.
16. Documents Proving the Bidder's Capacity and Experience	16.1. The bidder must declare the necessary information in the Forms in Chapter IV to provide information on capacity and experience as required in Chapter III. In case the bidder is invited for document verification, the bidder must be ready with documents to verify the information declared in the E-Bid Submission and for the Employer to archive. 16.2. In case the package has undergone prequalification, if there are any changes in the bidder's capacity and experience when submitting the E-Bid Submission compared to the prequalification stage, the bidder must update their capacity and experience accordingly.
17. Validity Period of E-Bid Submission	17.1. The E-Bid Submission shall remain valid for no less than the period specified in the E-BDL.. 17.2. In case of necessity, before the expiration of the E-Bid Submission's validity, the Procuring Entity may request bidders to extend the validity period of the E-Bid Submission, along with a corresponding extension of the bid security's validity period (by the extended E-Bid Submission validity period plus 30 days). If a bidder does not accept the extension, their E-Bid Submission will no longer be considered, and in such cases, the bidder is not required to submit the original bid security letter to the Procuring Entity. A bidder who agrees to extend the E-Bid Submission validity is not allowed to change any content of the E-Bid Submission, except for the extension of the bid security validity. The extension request and acceptance or refusal shall be carried out on the System..
18. Bid Security	18.1. For online bidding, the bidder must provide a bid security before the bid closing time in one or more forms such as a letter of guarantee 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 issued by a domestic non-life insurance enterprise or a branch of a foreign non-life insurance enterprise established under Vietnamese law. issued. If the bid security amount is less than 20 million VND, it shall be applied as per Section 18.7 of the E-BDL. For a paper-based bid security or guarantee insurance certificate, the bidder must scan the bank guarantee letter or insurance certificate and attach it when submitting the E-Bid Submission. For an electronic bid security, the bidder must select the electronic bid security issued and stored on the System. In case the E-Bid Submission validity is extended as per Section 17.2 of the E-BDL, the bid security validity must also be extended accordingly. For a partnership bidder, all members must use the same form of bid security: either electronic or paper-based. In the case of a joint venture, the bid security can be provided in one of the following two ways: a) Each member of the partnershipprovides separate bid security, ensuring the total value is not less than the required amount as specified in Section 18.2 of the E-BDL; if the bid security of any member is found to be invalid, the E-Bid Submission of the partnershipwill not be considered further. If any member of the partnershipviolates the law resulting in the non-refund of the bid security amount as per point b, Section 18.5 of the E-BDL, the bid security of all members of the partnershipwill not be refunded; b) The partnershipmembers agree for one member to take responsibility for providing the bid security for the entire joint venture. In this case, the bid security may include the name of the partnershipor the member responsible for the bid security on behalf of the partnershipmembers, ensuring the total value is not less than the required amount as specified in Section 18.2 of the E-BDL. If any member of the partnershipviolates the law resulting in the non-refund of the bid security amount as per point b, Section 18.5 of the E-BDL, the bid security of all members of the partnershipwill not be refunded. 18.2. The value, currency, and validity period of the bid security are specified in the E-BDL. The validity period of the bid security is calculated from the bid closing time to the last day of the bid security validity period (the validity end time falls within the last day of the validity period and does not need to extend until the end of 24 hours of that day). 18.3. The bid security is considered invalid in the following cases: it has a lower value, shorter validity period than required in Section 18.2 of the E-BDL, it is not addressed to the correct beneficiary, it lacks a valid signature (e-signature for electronic bid securities), it is signed before the Employer issues the E-Bidding Documents, or it includes conditions that disadvantage the Employer or the Procuring Entity (including failure to meet commitments as required in Form 04A or 04B of Chapter IV). In case of a guarantee letter or guarantee insurance certificate, it 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 by a domestic non-life insurance company or a branch of a foreign non-life insurance company established under Vietnamese law. 18.4. The unsuccessful bidder's bid security will be returned or released according to the timeline specified in the E-BDL. For the selected bidder, the bid security will be returned or released when the contract comes into effect. 18.5. The following cases require the original bid guarantee letter or guarantee insurance certificate (for paper-based bid security) to be submitted to the Procuring Entity: a) The bidder is invited for document verification; b) The bidder violates procurement laws, leading to non-return of the bid security value in the following cases: - After the bid closing time and during the validity period of the E-Bid Submission, the bidder submits a document withdrawing the E-Bid Submission or refuses to perform one or more of the tasks proposed in the E-Bid Submission as requested in the E-Bidding Document; - The bidder violates regulations stipulated in Article 16 of the Law on Procurement or violates procurement laws leading to bid cancellation under points d and đ, Clause 1, Article 17 of the Law on Procurement; - The bidder fails to implement contract performance security measures as required in Article 68 of the Law on Procurement; - The bidder does not proceed or refuses to reconcile documents within 05 working days from the date of receiving the invitation for document reconciliation, or after reconciling documents, refuses or does not sign the document reconciliation record, except in cases of force majeure; - The bidder does not proceed or refuses to complete the contract within 10 days from the date of receiving the bid winning notification from the bid inviter, except in cases of force majeure; - The bidder does not proceed or refuses to sign the contract within 10 days from the date of contract completion, except in cases of force majeure. 18.6. Within 05 working days from the date of receiving a request from the bid inviter, if the bidder refuses or fails to submit the original bid guarantee letter, or insurance guarantee certificate (in the case of paper-based bid guarantees) as requested by the bid inviter, the bidder will be handled according to the bidder's commitments in the bid application. 18.7. For packages with a bid security value as specified in Section 18.2 E-CDNT less than 20 million VND, at the time of bid closing, the bidder is not required to attach a bid guarantee letter or insurance guarantee certificate as specified in Section 18.1 E-CDNT but must commit in the bid application (without attaching a separate written commitment) that if invited for document reconciliation or violates the provisions of point b of Section 18.5 E-CDNT, the bidder must submit a sum of money or a certified check (in case the validity period of the certified check meets the requirements of the Investor) or a bid guarantee letter or insurance guarantee certificate with the value specified in Section 18.2 E-CDNT. If the bidder fails to fulfill this commitment, the bidder will be handled according to the commitments in the bid application (listed on the System and have their account locked for 06 months, from the date the Department of Procurement Management, Ministry of Planning and Investment receives the Investor's request). In the event the bidder violates the provisions in point b of Section 18.5 E-CDNT, the bidder will not be refunded this bid security.
19. Bid Closing Time	19.1. The bid closing time is the time specified in E-TBMT. 19.2. The investor may extend the bid closing time by amending the E-TBMT. When the bid closing time is extended, all responsibilities of the Investor and bidder at the previous bid closing time will be adjusted according to the new extended bid closing time.
20. Submission, Withdrawal, and Amendment of E-Bids	20.1. Submission of E-Bids: The bidder shall only submit one set of E-Bids for an E-TBMT when participating in online bidding. In the case of a joint venture, the leading member of the partnership(according to the partnershipagreement) submits the E-Bids after obtaining the consent of all members of the joint venture. 20.2. Amendment and Resubmission of E-Bids: In the case of needing to amend the submitted E-Bids, the bidder must withdraw the entire previously submitted E-Bids to amend them accordingly. After completing the E-Bids, the bidder proceeds to resubmit the new E-Bids. If the bidder has submitted E-Bids before the Investor has amended the E-HSMT (if any), the bidder must submit new E-Bids to comply with the amended E-HSMT. 20.3. Withdrawal of E-Bids: The bidder is allowed to withdraw E-Bids before the bid closing time. The system will notify the bidder of the status of E-Bid withdrawal (successful or unsuccessful). The system records the bidder's E-Bid withdrawal time information. 20.4. The bidder is only allowed to withdraw, amend, and resubmit E-Bids before the bid closing time. After the bid closing time, all successfully submitted E-Bids on the system will be opened for evaluation..
21. Bid Opening	21.1. The bid inviter must open the bids and publicly disclose the bid opening minutes on the system within no more than 02 hours from the bid closing time. In the case that 01 or 02 bidders submit E-Bids, the bid inviter shall report to the Investor for consideration and handle the situation according to Clause 5, Article 131 of Decree No. 24/2024/NĐ-CP. If no bidders submit E-Bids, the bid inviter shall report to the Investor for consideration to extend the bid closing time or reorganize the bidder selection process online (cancel this E-TBMT and post a new E-TBMT) according to Clause 4, Article 131 of Decree No. 24/2024/NĐ-CP. 21.2. The bid opening minutes will be publicly posted on the system, including the following main contents: a) Information about the package: - E-TBMT number; - Package name; - Name of the Investor; - Method of bidder selection; - Type of contract; - Bid opening completion time; - Total number of participating bidders. b) Information about participating bidders: - Bidder’s name; - Bid price; - Discount percentage (if any); - Bid price after discount (if any) (The system automatically recalculates based on revised contingency costs after the discount); - Value and validity of bid security; - Validity period of the E-Bid; - Time for performance of the package; - Other related information (if any).
22. Confidentiality	22.1. Information related to the evaluation of E-Bids and the contract award proposal must be kept confidential and not disclosed to bidders or any persons not officially involved in the bidder selection process until the bidder selection results are publicly announced. In all cases, the information in one bidder’s E-Bid must not be disclosed to another bidder, except for information made public in the bid opening minutes. 22.2. Except for the case of clarification of the E-Bid, document reconciliation, the bidder is not allowed to contact the Investor or the bid inviter regarding matters related to their E-Bid and other issues related to the package from the time of bid opening until the bidder selection results are publicly announced.
23. Clarification of E-Bids	23.1. After bid opening, the bidder is responsible for clarifying the E-Bid at the request of the bid inviter, including eligibility, capacity, experience, tax declaration and payment obligations, and specific personnel documents proposed in the bidder’s E-Bid. For matters regarding eligibility, clarification must ensure that the nature of the bidder's participation is not altered. For matters of validity (excluding eligibility), technical and financial proposals, clarification must ensure that the essential content of the submitted E-Bid is not changed, and the bid price is not altered. 23.2. During the evaluation process, the clarification of E-Bids between the bidder and the bid inviter is carried out directly on the system. 23.3. Clarification of E-Bids is only conducted between the bid inviter and the bidder whose E-Bid requires clarification. For clarification content directly affecting the evaluation of eligibility, capacity, experience, and technical or financial requirements, if the bidder fails to clarify within the given timeframe or clarifies but does not meet the bid inviter's clarification request, the bid inviter will evaluate the bidder’s E-Bid based on the E-Bid submitted before the bid closing time. The bid inviter must provide the bidder with a reasonable timeframe to clarify the E-Bid. 23.4. Bidders cannot unilaterally clarify their E-Bid after the bid closing time. 23.5. In the event of inconsistencies or unclear content in the E-Bid, the bid inviter shall request the bidder to clarify, in accordance with Section 23.1 of the E-CDNT. 23.6. In case of doubt about the authenticity of the documents provided by the bidder, the Investor, the bid inviter is entitled to verify with relevant organizations or individuals regarding the content of the documents. 23.7. In cases where the E-HSMT requires commitments, framework contracts for equipment rental, supply of key materials, warranties, maintenance, or upkeep, but the E-Bid does not include these documents, the bid inviter shall request the bidder to clarify and supplement the documents within a suitable timeframe, but no less than 03 working days, to provide a basis for evaluating the E-Bid.
24. Discrepancies, Conditions, and Omissions	24.1. “Discrepancies” refer to differences from the requirements stated in the E-HSMT; 24.2. “Conditions” refer to the setting of limiting conditions or the expression of non-acceptance of the requirements stated in the E-HSMT; 24.3. “Omissions” refer to the bidder's failure to provide part or all of the information or documents as required in the E-HSMT.
25. Determining the Responsiveness of E-Bids	25.1. The bid inviter will determine the responsiveness of the E-Bids based on the content of the E-Bids as stipulated in Section 10 of the E-CDNT. 25.2. A substantially responsive E-Bid is one that meets the requirements stated in the E-HSMT without significant discrepancies, conditions, or omissions. Significant discrepancies, conditions, or omissions mean points in the E-Bid that: a) If accepted, would significantly affect the scope, quality, or efficiency of the project as defined in the contract; significantly restrict and conflict with the E-HSMT concerning the rights of the Investor or the obligations of the bidder in the contract; b) If corrected, would unfairly affect the competitive standing of other bidders with substantially responsive E-Bids as per the E-HSMT requirements. 25.3. The bid inviter must check the technical aspects of the E-Bids according to Section 15 of the E-CDNT, and the technical evaluation aims to confirm that all requirements in Part 2 – Technical Requirements have been met and that the E-Bids do not contain significant discrepancies, conditions, or omissions. 25.4. If the E-Bid does not substantially meet the requirements set forth in the E-HSMT, it will be rejected; it is not allowed to correct significant discrepancies, conditions, or omissions in the E-Bid to make it substantially responsive to the E-HSMT.
26. Minor Errors	26.1. Provided that the E-Bid substantially meets the requirements outlined in the E-HSMT, the bid inviter and the evaluation committee may accept errors that do not constitute significant discrepancies, conditions, or omissions in the E-Bid; 26.2. Provided that the E-Bid substantially meets the requirements outlined in the E-HSMT, the bid inviter and the evaluation committee may request the bidder to provide necessary information or documents within a reasonable timeframe to correct non-compliance or minor errors in the E-Bid related to document requirements. Requests for information or documents to address these errors must not relate to any aspect of the bid price. The bidder’s E-Bid will be rejected if it fails to meet the bid inviter's request; 26.3. Provided that the E-Bid substantially meets the requirements outlined in the E-HSMT, the bid inviter and the evaluation committee will adjust minor and quantifiable errors related to the bid price; the bid price will be adjusted to reflect the costs of any missing or unresponsive items; this adjustment is for the sole purpose of comparing E-Bids.
27. Subbidders	27.1. A subbidder is an organization or individual that signs a contract with the bidder to perform a portion of the work in the bid price summary; this does not include organizations or individuals providing supplies, raw materials, fuel, materials, semi-finished components, equipment, or rental construction equipment. The bidder’s hiring of labor to perform the package is not considered subcontracting. The bidder must declare the subbidders and the items of work allocated to the subbidders according to Form 09A in Chapter IV. If the subbidder is not determined at the time of bidding, the items of work planned for the subbidder must be declared. 27.2. The use of subbidders will not alter the bidder's responsibilities. The bidder remains responsible for the volume, quality, schedule, and other obligations for the work performed by the subbidders. The competence and experience of the subbidders will not be considered when evaluating the bidder’s E-Bid, except as provided in Section 27.5 of the E-CDNT. The bidder itself must meet the competency and experience criteria (excluding the subbidder’s competence and experience). The bidder may sign contracts with the subbidders listed in the E-Bid or with subbidders approved by the investor to participate in construction work. 27.3. The bidder may only use subbidders to perform work whose total value for subbidders does not exceed the percentage (%) of the bidder's bid price as specified in E-BDL. 27.4. If the bidder transfers the contract in violation of Clause 8, Article 16 of the Law on Procurement, they will be banned from participating in bidding activities as stipulated in Point b, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP. 27.5. The investor may allow the bidder to use a special subbidder as specified in E-BDL. In this case, the bidder must declare the list of special subbidders according to Form 09B in Chapter IV and declare the competence and experience of the special subbidder. The bid inviter will evaluate the competence and experience of the special subbidder based on the evaluation criteria outlined in Clause 2.3, Section 2, Chapter III. If the special subbidder does not meet the requirements of the E-HSMT and the bidder’s competence and experience do not meet the requirements for the work allocated to the special subbidder, the bidder’s E-Bid will be deemed non-responsive to the E-HSMT. When using a special subbidder, the bidder is not required to meet competence and experience requirements for the work assigned to the special subbidder. 27.6. The investor or the bid inviter shall not allow the bidder to use subbidders who were involved in providing consulting services for the package that the bidder has won, including: design, technical design verification, construction drawing design, cost estimates, FEED design; price appraisal; contract supervision, inspection; preparing and verifying E-HSMST, E-HSMT; evaluating E-HSDST, E-HSDT; verifying prequalification results, bidder selection results; project management, contract management consulting, and other consulting services that have a direct connection to the package..
28. Correction of Discrepancies	28.1. Adjustment for excess discrepancies (applicable only for lump-sum contracts): The bidder's bid price is considered to include all necessary costs to execute the package in accordance with the design and technical requirements outlined in the E-Bidding Document (E-HSMT) and will not be adjusted in case the scope of work proposed by the bidder in the E-HSDT differs from the requirements in the List of Work Items in Form No. 01A, Chapter IV, except for work proposed by the bidder outside the scope required in the E-HSMT (outside the volume required to complete as per design); in this case, the work outside the scope required in the E-HSMT will be considered excess and the value of the excess items will be deducted. 28.2. In the case of a bidder offering a price reduction, the reduction will be calculated as a percentage of the bid price after the excess discrepancies have been adjusted. 28.3. After adjusting for excess discrepancies as per Section 28.1 E-CDNT, the procuring entity must notify the bidder through the System regarding the excess discrepancy adjustment to the bidder’s E-HSDT. Within 03 working days from the date of receiving the notification from the procuring entity, the bidder must respond regarding the acceptance of the excess discrepancy adjustment results as notified by the procuring entity. If the bidder does not accept the excess discrepancy adjustment results as notified by the procuring entity, the bidder’s E-HSDT will be disqualified.
29. Preferences in Bidder Selection	29.1. In the case that after evaluation, multiple bidders are rated equally, the following order of priority will be applied until the winning bidder is selected: a) Awarding to small and medium enterprises owned by women in accordance with the law on supporting small and medium enterprises (if applicable); b) Awarding to the bidder with a higher technical score or fewer acceptable technical criteria in the case of a package applying the lowest price method; awarding to the bidder with a lower bid price after error correction, adjustment of discrepancies, and deduction of price reduction (if any) in the case of a package applying the evaluated price method. c) Awarding to a bidder with headquarters located in the local area where the package is implemented; d) Awarding to a bidder employing at least 25% disabled or war veteran workers with labor contracts for at least 03 months at the time of bid closing and still valid; đ) Awarding to a bidder employing at least 25% ethnic minority workers with labor contracts for at least 03 months at the time of bid closing and still valid; e) Awarding to a bidder employing at least 25% female workers with labor contracts for at least 03 months at the time of bid closing and still valid; g) Allowing these bidders to re-submit their bid prices to select the one with the lowest re-submitted price. The bidder may not offer a price higher than the price submitted after error correction, adjustment of discrepancies, and deduction of price reduction (if any). The re-submission of bid prices is conducted in accordance with point a, clause 8, Article 131 of Decree No. 24/2024/ND-CP; h) Inviting these bidders to participate in online price bidding using a simplified process. The bidder may not offer a price higher than the price submitted after error correction, adjustment of discrepancies, and deduction of price reduction (if any). 29.2. In the case of being eligible for the preferences stated in Section 29.1 E-CDNT, the bidder must attach proof documents in the E-HSDT.
30. Evaluation of E-HSDT	30.1. The procuring entity applies the evaluation method as specified in E-BDL to evaluate the E-HSDT. 30.2. The E-HSDT evaluation process is as follows: a) Step 1: Evaluate compliance according to Section 1, Chapter III; - The system automatically evaluates based on the bidder’s commitments in the bid form for the following contents: + The bidder’s eligibility; + In the 03 years prior to the bid closing time, the bidder has no personnel (who signed labor contracts with the bidder at the time the personnel committed the violation) convicted by the court for violating procurement regulations with the purpose of winning the bid as per criminal law. If the expert team finds that the bidder’s commitment is untruthful, leading to a distortion of the bidding result, the bidder will be considered to have committed fraud in the procurement process. - The expert team evaluates the validity of the bid security and the partnershipagreement (in the case of a joint venture). - The bidder that passes all compliance criteria will proceed to the evaluation of capacity and experience. b) Step 2: Evaluate capacity and experience as per Section 2, Chapter III; - The system automatically evaluates contents such as contract non-completion history, fulfillment of tax declaration and payment obligations, financial performance results, and average annual revenue based on the information declared and extracted in the E-HSDT. For contents that the system automatically evaluates, the bidder does not need to attach supporting documents when submitting the E-HSDT. - For financial resource requirements: the expert team evaluates based on the information declared by the bidder; in case the bidder uses a credit commitment to prove financial resources, the expert team will evaluate based on the attached documents. Credit commitments submitted after the bid closing time will not be considered. - For similar contract evaluation, the expert team evaluates based on the information the bidder declared on the web form and attached documents. - For the evaluation of key personnel and essential construction equipment, the expert team evaluates based on the bidder’s declarations. - Bidders who pass the capacity and experience evaluation will proceed to the technical evaluation. c) Step 3: Technical evaluation as per Section 3, Chapter III. Bidders who pass the technical evaluation will proceed to the financial evaluation; d) Step 4: Financial evaluation as per Section 4, Chapter III. đ) Step 5: After the financial evaluation, the ranking of bidders is done according to the provisions in E-BDL. In case there is only one bidder that passes the financial evaluation, there is no need to rank the bidders. In the case where the bidder is ranked first, the bidder is not allowed to change key personnel (the personnel proposed in the E-HSDT or personnel already replaced once under Clause 2, Article 27 of Decree No. 24/2024/ND-CP), except in cases where the evaluation of E-HSDT takes longer than expected in the bidder selection plan or due to force majeure, which makes it impossible for the key personnel proposed by the bidder to participate in the contract implementation. In this case, the bidder is allowed to replace the personnel with others, but it must be ensured that the proposed replacement personnel have qualifications, experience, and capacity equivalent to or higher than the proposed personnel, and the bidder is not allowed to change the bid price. 30.3. Principles for evaluating E-HSDT: a) For the contents that the system automatically evaluates, including eligibility, whether the bidderhas personnel convicted by the court for violating procurement regulations causing serious consequences, contract non-completion history due to the bidder’s fault, compliance with tax declaration and payment obligations, financial performance results, and average annual revenue. In cases where the bidder does not declare the information or declares incorrectly, incompletely, or does not meet the requirements of the E-HSMT, the system evaluates the bidder as “not passed” in this content. The expert team cannot change the evaluation result from “not passed” to “passed” if the system has already evaluated “not passed.” If the information committed and declared by the bidder in the E-HSDT is found to be untruthful, leading to a distortion of the E-HSDT evaluation result, the bidder will be considered to have committed fraud; b) In case of discrepancies between the information about bid security 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 (in case of bid security by guarantee or paper-based insurance certificate). c) In case of discrepancies between the information about similar contracts declared on the webform and the proof documents attached, the procuring entity will request the bidder to clarify the E-HSDT. If the contracts declared or attached in the E-HSDT do not meet the requirements of the E-HSMT or if the bidder does not declare similar contracts on the webform, the procuring entity will request the bidder to clarify and supplement other contracts (updated from the bidder’s capability profile on the System) to meet the E-HSMT requirements within a suitable time frame but not less than 03 working days. If the bidder does not have contracts that meet the E-HSMT requirements, the bidder will be disqualified; d) In case the key personnel and major construction equipment (if any) proposed by the bidder in the E-HSDT do not meet the requirements or the ability to mobilize key personnel and major construction equipment cannot be proven (including cases where the bidder’s proposed personnel and equipment have already been mobilized for another contract during the overlapping time with this package), the procuring entity allows the bidder to supplement or replace them. The bidder is allowed to supplement or replace personnel and equipment only once for each position within a suitable time frame but not less than 03 working days. If the bidder does not have replacement personnel or equipment that meet the E-HSMT requirements, the bidder will be disqualified. In all cases, if the bidder declares personnel or equipment dishonestly, the bidder is not allowed to replace the personnel or equipment, and the bidder’s E-HSDT will be disqualified. The bidder will be considered to have committed fraud according to Clause 4, Article 16 of the Law on Procurement and will be handled according to Point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP; đ) For contents other than those mentioned in points a, b, c, and d of this Section, 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 evaluation. e) The bidder invited to the document comparison must prepare documents to compare and verify the information declared in the E-HSDT. For contents such as eligibility, contract non-completion history due to the bidder’s fault, tax declaration and payment obligations, financial performance results, and average annual revenue, which the system has automatically evaluated as “passed” based on the declared and extracted information in the E-HSDT, but the expert team evaluates as “not passed,” the expert team must adjust the evaluation result from “passed” to “not passed.” In this case, the procuring entity will invite the next-ranked bidder for document comparison without re-ranking the bidders. For information related to tax declaration and payment obligations, average annual revenue, and net asset value from 2021 onwards, the procuring entity only compares the information if it has been updated, but does not compare it in cases where the information has been automatically extracted from the National Business Registration System or the Electronic Tax System.
31. Document Comparison	31.1. The bidder invited for document comparison must submit a set of documents to prove eligibility, capacity, and experience to the Procuring Entity for comparison with the information declared in the E-HSDT, including: a) The original bid security (in cases of using a guarantee letter or a written insurance guarantee certificate) or cash or certified check as specified in Section 18.7 E-CDNT; b) For bidders who self-update tax data on the System from 2021 onwards (not extracted by the System), documents proving the fulfillment of tax declaration and payment obligations for the most recent year in line with the bidder's tax data on the electronic tax system. In cases where the bidder’s data is extracted by the System from the electronic tax system, no documents are required to prove; c) For bidders who self-update financial data on the System from 2021 onwards (not extracted by the System), documents proving the financial situation as per Form 08A Chapter IV in line with the financial data on the electronic tax system. In cases where the bidder’s data is extracted by the System from the electronic tax system, no documents are required to prove; d) Documents proving similar contracts declared and attached in the E-HSDT (contracts, acceptance reports, liquidation, invoice information in accordance with the law...); đ) Documents proving financial resources as per Form 08B, Form 08C Chapter IV; e) Documents proving the ability to mobilize personnel, equipment, qualifications, and certificates of personnel declared in the E-HSDT; g) Other documents (if any). 31.2. Bidders with valid matching documents will be considered for award. If the tax or revenue data from 2021 onwards, self-updated by the bidder, does not match the data on the electronic tax system and leads to incorrect bid results, the bidder will be disqualified and considered to have committed fraud as stipulated in point b Section 4.4 E-CDNT.
32. Conditions for bid approval	Bidders will be considered and proposed for award when they meet the following conditions: 32.1. Have a valid E-HSDT as specified in Section 1 Chapter III; 32.2. Have the capacity and experience meeting the requirements as specified in Section 2 Chapter III; 32.3. There is a technical proposal that meets the requirements as specified in Section 3 Chapter III; 32.4. Meets the conditions as specified in E-BDL; 32.5. There is a proposed bidding price (including taxes, fees, and charges (if any)) that does not exceed the bidding package price to serve as a basis for approving the winning bidder as per the provisions of E-BDL.
33. Bid Cancellation	33.1. The cases of bid cancellation include: a) All E-HSDT fail to meet the requirements of E-HSMT; b) Changes in objectives or scope of investment in the approved investment decision result in changes to the work volume or evaluation criteria stated in E-HSMT; c) E-HSMT does not comply with the provisions of the Bidding Law or other relevant laws, resulting in the selected bidder being unqualified to execute the bidding package; d) The winning bidder commits prohibited acts as prescribed in Article 16 of the Bidding Law; đ) Other organizations or individuals outside the winning bidder commit prohibited acts as prescribed in Article 16 of the Bidding Law, leading to distorted results in bidder selection. 33.2. Organizations or individuals violating the provisions of the bidding law, leading to the bid cancellation as per points c, d, and đ of Section 33.1 E-CDNT, must compensate for the costs to the related parties and be handled according to the law. 33.3. In case of bid cancellation as specified in this Section, within 05 working days, the investor and the bid inviter must refund or release the bid security for the bidder who has submitted the original bid security, except where the bidder has violated the provisions at points d and đ of Section 33.1 E-CDNT.
34. Notice of Bidder Selection Results	34.1. The investor shall publish the notice of bidder selection results on the System, accompanied by the E-HSDT evaluation report within 05 working days from the date of approval of the bidder selection results. The content of the notice of bidder selection results includes: a) Information about the package: - E-TBMT number; - Package name; - Approved package price or estimate (if any); - Name of the Investor; - Bidder selection method; - Type of contract; - Contract execution time; b) Information about the selected bidder: - Tax code; - Bidder’s name; - Bidding price; - Bidding price after adjusting for surplus errors (if any), price reduction (if any); - Technical score (if any); - Evaluated price (if any); - Winning bid price; - Contract execution time. - Contract execution duration. c) List of bidders not selected and a summary of the reasons why each bidder was not selected. 34.2. In case there is a request for an explanation of the specific reason why the bidder was not selected, the bidder shall send a request to the investor 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. 34.3. In case of bid cancellation as prescribed in point a of Section 33.1 E-CDNT, the notice of bidder selection results and the System must clearly state the reason for bid cancellation.
35. Notice of Acceptance of E-HSDT and Contract Award	After the Investor posts the bidder selection result notice, the bid inviter sends a notice of acceptance of the E-HSDT and contract award via the System, including the requirements for performance security, contract finalization, and signing as prescribed in Form No. 13 Chapter VIII to the selected bidder. The notice of acceptance of E-HSDT and contract award is part of the contract file. In case the selected bidder does not finalize or sign the contract or does not submit the performance security within the time specified in the notice of acceptance of E-HSDT and contract award, the bidder will be disqualified and will not be refunded the bid security value as prescribed in point b Section 18.5 E-CDNT. The time specified in the notice of acceptance of E-HSDT is calculated from the date the bid inviter sends this notice to the selected bidder via the System.
36. Conditions for Contract Signing	36.1. At the time of contract signing, the selected bidder's E-HSDT remains valid. 36.2. At the time of contract signing, the selected bidder must ensure that they meet the technical and financial capacity requirements to execute the package as per the E-HSMT. If, in practice, the bidder no longer meets the basic requirements for technical and financial capacity as specified in the E-HSMT, the Investor will refuse to sign the contract with the bidder. The Investor will cancel the decision approving the bidder selection results, the notice of acceptance of E-HSDT, and the previous contract award, and will invite the next-ranked bidder for document comparison. 36.3. The Investor must ensure the conditions regarding advance capital, payment capital, implementation site, and other necessary conditions for the timely execution of the package.
37. Contract Performance Security	37.1. Before signing the contract or before the contract takes effect, the winning bidder must implement the contract performance security measures as prescribed in Section 5 of E-ĐKC Chapter VI. In the case of applying a Performance Guarantee, the form in Chapter VIII or another form approved by the Investor must be used. 37.2. The bidder will not be refunded the contract performance security in the following cases: a) Refusal to execute the contract when the contract takes effect; b) Breach of contract terms; c) Delayed contract execution due to their fault but refusal to extend the validity of the contract performance security.
38. Handling Complaints in Bidding	38.1. When seeing that their rights and legitimate interests are affected, bidders, agencies, and organizations can submit a complaint to the competent authority or Investor to review issues in the bidder selection process and the bidder selection results according to Articles 89, 90, and 91 of the Bidding Law. 38.2. In the case of complaints to the Investor, the bidder, agency, or organization submits the complaint directly on the System. In the case of complaints to the Competent Authority, the bidder submits the complaint to the address specified in E-BDL.
39. Supervision of the Bidder Selection Process	When detecting any behavior or content that is not in compliance with the bidding laws, the bidder is responsible for informing the organization or individual responsible for supervision in accordance with E-BDL.

Chapter II. BIDDING DATA TABLE

E-CDNT 1.1	Name of the Investor: ___ [System auto-extracted].
E-CDNT 1.2	Name of the bidding package: ___ [System auto-extracted]. Name of the project/purchase estimate: ___ [System auto-extracted].
E-CDNT 3	Funding source: ___ [According to E-TBMT].
E-CDNT 5.1 (c)	Ensuring competition in bidding as follows: - The bidding bidder does not hold more than 30% shares or capital contribution with: ___ [Specify full name and address of the Investor, Bid inviter], except in the following cases: (i) The bidder is a subsidiary or member company of a state-owned corporation or group with main business sectors that match the nature of the package of that group or state-owned corporation. (ii) The bidder is the parent company, subsidiary, or member company within an economic group or state-owned corporation whose products or services in the package belong to the main business sector of the economic group or state-owned corporation, and the package belongs to the subsidiary or member company. - The bidding bidder does not have shares or capital contribution with the consulting bidders; does not jointly hold more than 20% of shares or capital of another organization or individual with each party, specifically as follows: + Consulting unit preparing the technical design, construction drawing design, and estimate: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit appraising the technical design, construction drawing design, and estimate: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit appraising the price: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit supervising contract implementation, inspection: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit preparing E-HSMT: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit appraising E-HSMT: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit evaluating E-HSDT: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit appraising bidder selection results: ___ [provide full name and address of the consulting unit (if any)]; + Consulting unit for project management, contract management, or other consultancy services related directly to the package: ___ [provide full name and address of the consulting unit (if any)]; - The bidding bidder does not belong to the same agency or organization directly managing the consulting bidders (as mentioned above).[1]. - The bidding bidder does not belong to the same agency or organization directly managing the Investor, Bid inviter, except in the case where the bidder is a public non-business unit under the state management agency with assigned functions and duties appropriate to the nature of the package of that state management agency. - Public non-business units and enterprises managed or funded by the same direct agency, when participating in each other's bidding packages, are not required to meet the legal and financial independence regulations between the bidder and the investor or the bid inviter. - The shareholding or capital contribution ratio between parties is determined at the time of bid closing and according to the ratio recorded in the business registration certificate, establishment decision, or other equivalent documents. In the case where the bidder participates in the bid as a partnershipor the consulting bidder is selected as a joint venture, the ownership ratio of other organizations or individuals in the partnershipis determined according to the following formula: Where: X_i: Ownership ratio of other organizations or individuals in the i-th partnershipmember; Y_i: Percentage (%) of the workload of the i-th partnershipmember in the partnershipagreement; n: Number of members participating in the joint venture.
E-CDNT 5.1 (g)	- Enterprise level conditions:_____[in case the package is valued at no more than 5 billion VND, write:“Being a small or micro-enterprise as prescribed by the enterprise law”. In case the package is valued over 5 billion VND, write: “Not applicable”]. - In case the package has undergone bidding but no micro-enterprise or small enterprise meets the requirements, write_____[“Not required”].
E-CDNT 7.6	Site survey: ___ [write "yes" or "no". If "yes", specify the time, location of the site survey, and the phone number of the person responsible for organizing the site survey]
E-CDNT 7.7	Pre-bid conference: _____ [write "yes" or "no". If "yes", specify the time, location of the pre-bid conference, and the phone number of the person responsible for organizing the pre-bid conference]
E-CDNT 8	Cost of submitting E-HSDT:____ [System automatically extracts according to current regulations].
E-CDNT 10.8	The bidder must submit the following documents along with the E-HSDT: ___ [list other necessary documents that the bidder must submit with the E-HSDT as required, based on the size and nature of the package, and that do not limit the bidder's participation. If no requirements are needed, state “not required”].
E-CDNT 12.1	The bidder____ [write “allowed” or “not allowed”] to submit alternative technical proposals. [If only allowed to propose alternative technical solutions for specific parts of the package, clearly state the parts where the bidder is allowed to propose alternative technical solutions].
E-CDNT 17.1	The validity period of the E-HSDT is: ≥ ____ days [extracted according to E-TBMT], from the bid closing date.
E-CDNT 18.2	Bid security content: - Bid security value:__________[Extracted from E-TBMT]. For bidders listed as having committed the acts stipulated in Clause 1, Article 18 of Decree No. 24/2024/ND-CP and posted on the National Bidding Network System, a bid security measure of 3 times the required value mentioned above must be implemented for 2 years from the last occurrence of these acts. In the case of a partnership bidder, if a member has committed the acts mentioned in Clause 1, Article 18 of Decree No. 24/2024/ND-CP, the bid security must be 3 times the corresponding bid security value based on the member's share of the work within the joint venture, for 2 years from the last occurrence of these acts. - Bid security validity period: [Extracted from E-TBMT].
E-CDNT 18.4	Time to return or release bid security for non-selected bidders: _____ days, from the date of approval of the bidder selection result [specify the number of days but no more than 14 days from the date of approval of the bidder selection result].
E-CDNT 27.3	Maximum value for subbidders: ___ bidder's bidding price [depending on the size and nature of the package, the Investor shall specify the percentage %].
E-CDNT 27.5	Use of special subbidders:____ [write “Allowed” or “Not allowed”. If allowed, clearly state how the capacity and experience of the special subbidder will be evaluated in Section 2.3, Chapter III – Evaluation Criteria for E-HSDT of the E-HSMT].
E-CDNT 30.1	The method of evaluating E-HSDT is: - Evaluation of capacity and experience: Pass/Fail. - Technical evaluation:____ [Depending on the size and nature of the package, apply the method “Pass/Fail” or “Scoring”]. - Financial evaluation____ [Depending on the size and nature of the package, apply the lowest price method or the evaluated price method to match the evaluation criteria specified in Chapter III].
E-CDNT 30.2(đ)	Bidder ranking: [System extracts when selecting the evaluation method at Section 30.1 of the E-BDL as follows: - If the lowest price method is selected, the system extracts: “the bidder with the lowest bid price after correcting errors (if any) and deducting discounts (if any) is ranked first”; - If the evaluated price method is selected, the system extracts: “the bidder with the lowest evaluated price is ranked first”].
E-CDNT 32.4	[System extracts when selecting the evaluation method at Section 30.1 of the E-BDL as follows: - If the lowest price method is selected, the system extracts: “the bidder with the lowest bid price after correcting errors (if any) and deducting discounts (if any)”; - If the evaluated price method is selected, the system extracts: “the bidder with the lowest evaluated price”].
E-CDNT 32.5	The bidding package price used as the basis for bid evaluation:_________ [- For bidding packages applying fixed-price contracts, lump-sum contracts, or adjustable unit price contracts, write "the bidding package price approved in the bidder selection plan. If the approved cost estimate for the package is lower or higher than the approved bidding package price, this estimate will replace the bidding package price as the basis for bid evaluation." - For bidding packages applying output-based contracts, write "the bidding package price "does not include unforeseen volume and price escalation contingencies that may occur during contract execution. If the approved cost estimate for the package is lower or higher than the approved bidding package price, this estimate (excluding unforeseen volume and price escalation contingencies) will replace the bidding package price as the basis for bid evaluation"]
E-CDNT 38.2	- Authorized person:_________ [state the full name of the authorized person] + Address:_________ [state the full address, phone number, and fax number of the authorized person]; + E-mail:__________ [clearly state the email address of the authorized person to receive complaints from bidders]. - Permanent division supporting the Chairman of the Advisory Council in resolving complaints: + Address:_________ [state the full name, address, phone number, and fax number of the permanent division supporting the Chairman of the Advisory Council in resolving complaints]; + E-mail:__________ [clearly state the email address of the permanent division supporting the Chairman of the Advisory Council in resolving complaints to receive complaints from bidders].
E-CDNT 39	Address of the organization or individual responsible for monitoring: ___ [state the full name, address, phone number, and fax number of the organization or individual assigned by the authorized person to monitor the bidder selection process for the package/project (if any)].

Chapter III. E-HSDT EVALUATION CRITERIA

Section 1. Evaluation of the Validity of the E-HSDT
The bidder's E-HSDT will be deemed valid when it meets the following conditions:
1. Bid security that does not violate any of the provisions specified in Section 18.3 of E-CDNT. The letter of guarantee must be signed and sealed (if applicable) by the legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law, or the guarantee insurance 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 unit as required by the E-HSMT (for electronic bid security, it must be digitally signed). The guarantee letter or insurance certificate must not be signed before the Investor issues the E-HSMT; it must not include any conditions unfavorable to the Investor or the Procuring Entity (including failure to meet the commitments stipulated in Form 4A and Form 4B of Chapter IV). For paper-based bid security or insurance guarantees, if there is any discrepancy between the bid security information provided by the bidder on the System and the information in the scanned file of the guarantee letter attached, the information in the scanned file of the bid guarantee letter shall be used for evaluation. For partnership bidders, all members must use the same bid security format: either electronic or paper-based bid security.
For bidding packages with a bid security value of less than 20 million VND, the bidder shall make a commitment in the bid as required in Section 18.7 of E-CDNT.
2. In the case of a joint venture, the partnershipagreement must clearly state the specific work content and the estimated corresponding value that each member of the partnershipwill perform according to Form 03 in Chapter IV. The division of work within the partnershipmust be based on the items listed in the total bid price table in Form 11 (11A, 11B, 11C, 11D, or 11E) in Chapter IV or based on the production process items in the total bid price table; work not related to these items or not part of the production process of these items shall not be divided.
3. The bidder ensures eligibility as specified in Section 5 of E-CDNT^([2]).
4. Within 3 years before the bid closing time, the bidder has not had any personnel (employed by the bidder at the time of the violation) convicted by a court for violating bidding regulations causing serious consequences under criminal law, aiming to secure the contract award for that bidder.
Bidders with a valid E-HSDT will be considered and evaluated in the next step.
Section 2. Evaluation Criteria for Capacity and Experience[3]
2.1. Evaluation criteria for capacity and experience
The evaluation criteria for capacity and experience shall follow Table 01 of this Chapter and will be digitized in webform format on the System. The bidder will be considered to meet the capacity and experience requirements when all evaluation criteria are met. The capacity and experience of subbidders (except special subbidders) will not be considered when evaluating the bidder's E-HSDT. The bidder itself must meet the capacity and experience evaluation criteria.
No requirement shall be made that the bidder has previously completed one or more contracts in a specific region, or that the bidder must have experience in construction in a specific region as a criterion for excluding the bidder.
In cases where the currency specified in similar contracts or in the Investor's payment confirmation for completed construction contracts, or in the tax declarations or related documents proving the bidder's capacity and experience, is not VND, the bidder must convert it to VND in the E-HSDT for evaluation purposes. The conversion rate will be based on the exchange rate of ____ [state the basis for determining the exchange rate, usually applying the selling rate of a commercial bank operating in Vietnam] on the date the similar contract was signed.
In cases where the bidder participating in the bidding is the parent company (e.g., a Corporation) mobilizing its subsidiary or member company to perform part of the work of the package, the bidder must specifically declare the portion of the work assigned to the subsidiaries or member companies according to Form 09C of Chapter IV. The evaluation of experience in performing similar contracts will be based on the value and volume of work undertaken by the parent company, subsidiary, and member companies in the package.

Table 01 (Webform on the System)

TABLE OF EVALUATION CRITERIA FOR CAPACITY AND EXPERIENCE
Capacity and Experience Criteria			Requirements to Comply With			Documents to Submit
Item No.	Description	Requirements	Independent Bidder	Joint Venture Bidder
Item No.	Description	Requirements	Independent Bidder	Total for All Joint Venture Members	Each Joint Venture Member
1	History of incomplete contracts due to bidder’s fault	From January 1, ___⁽¹⁾to the bid closing date, the bidder has no incomplete construction, EPC, EC, PC, or turnkey contracts due to the bidder’s fault⁽²⁾.	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 07
2	Compliance with tax declaration and payment obligations	Has complied with tax declaration and payment obligations⁽³⁾ for the most recent fiscal year before the bid closing date.	Must meet this requirement	Not applicable	Must meet this requirement	Commitment in the bid form
3	Financial capacity
3.1	Financial performance result⁽⁴⁾	The net asset value of the bidder for the most recent fiscal year before the bid closing date must be positive. (Net asset value = Total assets - Total liabilities)	Must meet this requirement	Not applicable	Must meet this requirement	Form No. 08A
3.2	Average annual revenue (excluding VAT)	Average annual revenue (excluding VAT) for the last ___⁽⁵⁾ fiscal years before the bid closing date must be at least ____⁽⁶⁾ VND.	Must meet this requirement	Must meet this requirement	Not applicable	Form No. 08A
3.3	Financial resource requirements for the package	The bidder must prove the ability to access or have available high-liquidity assets⁽⁷⁾, available credit limits (remaining usable credit limits), or other financial resources (excluding payment advances under contracts) to meet the financial resource requirements to execute the package with a value of ____ ⁽⁸⁾VND. In case the bidder uses a credit commitment from a domestic credit institution or a foreign bank branch established under Vietnamese law, the credit commitment must meet the following conditions: - Value: At least….. VND (enter the value); - Validity period of the credit commitment: valid for …. [enter the execution period of the package] from the date the contract takes effect or valid until… day… month… year… [enter the expected contract completion date, e.g., December 31, 2024]; - Signed and stamped by the legal representative of the domestic credit institution or the foreign bank branch established under Vietnamese law.	Must meet this requirement	Must meet this requirement	Not applicable	Form No. 08B, 08C
4	Experience in executing similar construction contracts⁽⁹⁾	*1. In case the package includes only 01 independent project (e.g., Project A):* Based on the scale and nature of the package, the Employer selects one of the two options below: ___ “From January 01, ___ ⁽¹⁰⁾ to the bid closing date, the bidder has completed either fully or substantially⁽¹¹⁾ at least 02 projects with: structure type:…, grade:… [fill in according to the structure type and grade of the project within the package]⁽¹²⁾ in which at least one project has a value of V⁽¹³⁾ and the total value of all projects ≥ X, as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder, where X = 2 x V.In case the bidder has fully or substantially⁽¹¹⁾ completed 01 project that meets the requirements for structure type, grade, and has a value ≥ X, it is considered compliant. Or: “From January 01, ___⁽¹⁰⁾ to the bid closing date, the bidder has completed either fully or substantially⁽¹¹⁾ at least 01 project with: structure type:…., grade:…. [fill in according to the structure type and grade of the project within the package]⁽¹²⁾, with a value of V⁽¹³⁾ as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder. - 01 project with: structure type…,grade:… [fill in according to the structure type, grade of project A3 within the package]⁽¹²⁾, with a value of V3⁽¹³⁾ as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder. … *3. In case the package includes only work items A1, A2, A3… (not considered a project under construction law)* “From January 01, ___⁽¹⁰⁾ to the bid closing date, the bidder has completed either fully or substantially⁽¹¹⁾ at least: - 01 work item similar to item A1 [specify the nature of item A1], with a value of V1⁽¹³⁾ as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder. - 01 work item similar to item A2 [specify the nature of item A2], with a value of V2⁽¹³⁾ as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder. - 01 work item similar to item A3 [specify the nature of item A3], with a value of V3⁽¹³⁾ as the main bidder (independently or as part of a joint venture), managing bidder, or subbidder. In addition, based on the nature of the package, similar conditions regarding the site may be stipulated, provided that they do not restrict the participation of bidders.	Must meet this requirement	Must meet this requirement	Must meet this requirement (equivalent to the scope of work undertaken)	Form No. 05

Note:
(1) Specify the required period, usually 3 to 5 years before the bid closing year. For example: from January 01, 2019 to the bid closing date.
(2) Uncompleted construction, EPC, EC, PC, turnkey contracts due to bidder fault include:
- Contracts concluded by the Employer as uncompleted by the bidder and the bidder does not object;
- Contracts concluded by the Employer as uncompleted, not accepted by the bidder, but arbitration or court ruled against the bidder.
Uncompleted contracts do not include those where the Employer's decision was overturned by the dispute resolution mechanism. The determination of uncompleted contracts must be based on all information about disputes or litigation resolved under the dispute resolution mechanism of the corresponding contract, and when the bidder has exhausted all possible avenues for appeal. Contracts delayed due to bidder fault but still completed are not considered uncompleted contracts.
For partnership bidders, if only a member of the partnershipviolates and is banned from tendering under Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP, the remaining members of the partnershipare not considered as failing to complete the contract due to bidder fault. In the event that one or more members of the partnershipviolate the contract, are no longer able to continue performing the contract, and seriously affect the progress, quality, and effectiveness of the package, only the violating member(s) will be considered as failing to complete the contract, while the remaining members will not be considered as failing due to bidder fault.
(3) The bidder provides documents proving compliance with tax declaration and corporate income tax payment obligations (or personal income tax for individual bidders) for the most recent fiscal year relative to the bid closing time (if the System has not updated tax obligation information), for verification when invited for document verification. The tax payment obligation is to pay the tax corresponding to the tax rate, taxable income, and declared revenue by the bidder on the Electronic Tax System (tax paid corresponds to tax due); if granted a tax deferral, exemption, or reduction by the State, it must follow the respective policy. If the System has not yet automatically extracted the bidder's tax obligation information, the bidder submits the following documents:
- Tax declaration (or payment notification from the tax authority for individual bidders) and payment receipt confirmed by the tax authority, printed from the Electronic Tax System, or
- Tax declaration (or payment notification from the tax authority for individual bidders) and confirmation from the tax authority of fulfilling tax obligations.
In case the bid closing date falls after the bidder's fiscal year-end (year Y) and before or within the last day of the third month from the end of year Y, the requirement to have fulfilled tax declaration and payment obligations applies to the fiscal year before year Y (year Y-1)
(For example: if the bid closing date is March 20, 2024, and the bidder’s fiscal year is from January 1 to December 31, the bidder must prove that they have fulfilled tax declaration and payment obligations for the year 2022).
(4) For individual bidders, this criterion is not evaluated.
(5) Specify the required number of years, usually from 3 to 5 years before the bid closing year. In case the bidder has been established for fewer years than required by the E-HSMT, the average annual revenue (excluding VAT) is calculated based on the number of years the bidder has been established. If the bidder’s average annual revenue (excluding VAT) meets the value requirements of the E-HSMT, the bidder is still evaluated without being disqualified.
For individual bidders, submitting financial reports is not mandatory, but they must provide documents proving revenue corresponding to tax obligations.
In case the bid closing date falls after the bidder's fiscal year-end (year Y) and before or within the last day of the third month from the end of year Y, the requirement to submit financial reports applies to the years prior to year Y (year Y-1, year Y-2...).
Example:
- If the bid closing date is March 20, 2024, and the bidder’s fiscal year is from January 1 to December 31, and the E-HSMT requires the bidder to submit financial reports for the 3 most recent years, the bidder must submit financial reports for the years 2020, 2021, and 2022).
- The average annual revenue (excluding VAT) for the 3 most recent fiscal years relative to the bid closing date. In this case, if the bid closing date is November 15, 2024, the bidder must submit financial reports for the years 2021, 2022, and 2023. If the bidder was established in 2022 but the average revenue for 2022 and 2023 meets the requirements, the bidder will continue to be evaluated.
(6) Calculation method for the required minimum average annual revenue (excluding VAT):
a) In case the contract implementation period is 12 months or more, the revenue is calculated as follows:
The minimum required average annual revenue (excluding VAT) = [(Package price – VAT value)/contract implementation period in years] x k. Typically, the required coefficient k in this formula is from 1.5 to 2;
b) In case the contract implementation period is less than 12 months, the revenue is calculated as follows:
The minimum required average annual revenue (excluding VAT) = (Package price – VAT value) x k.
Typically, the required coefficient “k” in this formula is 1.5.
(7) High-liquidity assets include cash and cash equivalents, short-term financial instruments, readily available securities, easily marketable securities, trade receivables, short-term financial receivables, and other assets that can be converted into cash within one year. If the bidder uses a credit commitment, they must attach a scanned copy of the credit commitment in the E-HSDT.
(8) Financial resource requirements for the package:
a) For packages with an implementation period of 12 months or more, the financial resource requirement for the package is determined by the following formula:
Financial resource requirement for the package = t x (Package price / Implementation period (in months)).
Typically, the required coefficient "t" in this formula is 3.
b) For packages with an implementation period of less than 12 months, the financial resource requirement for the package is determined by the following formula:
Financial resource requirement for the package = 30% x Package price.
(9) If the package includes projects and items as defined by construction law, then similar contract requirements apply only to the projects. For similar contracts in which the bidder participated as a partnershipmember or subbidder, only the value of the work performed by the bidder is considered.
Contracts performed by the bidder as a subbidder due to illegal transfer of the contract, violating Clause 8, Article 16 of the Bidding Law, will not be considered or evaluated.
(10) Specify the required year, usually from 3 to 5 years before the bid closing year.
(11) Complete means the entire work of the project/item has been completed and accepted; largely complete means at least 80% of the work of the project/item has been completed and accepted. The time to confirm the completion of a project/item for determining similar projects/items is the time of acceptance, not the contract signing date.
(12) Specify the type of structure, project grade of the project in the package. The type of structure, project grade is determined according to Appendix II of Circular No. 06/2021/TT-BXD dated June 30, 2021, of the Ministry of Construction on the classification of construction projects and guidelines for application in construction investment management. If the structure/project type of the package is not listed in Appendix II of Circular No. 06/2021/TT-BXD, the E-HSMT must provide a definition of the project’s similarity; for project grade, it is determined according to Appendix I of Circular No. 06/2021/TT-BXD.
If Circular No. 06/2021/TT-BXD is amended, supplemented, or replaced, the determination of type and grade of projects is made according to the amended, supplemented, or replacement Circular of Circular No. 06/2021/TT-BXD.
(13) Specify the value of V, V1, V2, V3. Specifically:
- V is usually approximately 50% of the construction work value of the project being considered (Project A). For specific work or in areas where bidder capacity is limited, the value of V may be required in the range of 40% to 50% of the construction work value of Project A.
- V1, V2, V3... are typically around 50% of the construction work value of each respective project/item (A1, A2, A3...) in the package. For specific work or in areas where bidder capacity is limited, the values of V1, V2, V3... may be required in the range of 40% to 50% of the construction work value of projects/items A1, A2, A3...
- The evaluation of the value of projects/items completed by the bidder is based on the completed and accepted value of the project/item. The time to confirm the completion of a project/item to determine a similar project/item is the time of project/item acceptance, not the contract signing date.
(Two projects with an adjacent lower grade to the project being considered, each completed project with a lower adjacent grade having a completed value equal to or greater than 50% of the construction work value of the project being considered, will be evaluated as a similar construction project).
- Similar projects/items completed by the bidder may belong to one or multiple contracts (the contract may be ongoing or not yet liquidated).
- For packages that include a combination of several projects according to construction law, the Employer may require the completion of similar projects/items for all the projects/items in the package, or only require the completion of similar projects/items for certain key projects/items. In cases where some projects have the same type of structure, the requirement for similar projects/items only applies to those of the same structure type with the highest project grade. Projects/items completed by the bidder with the same type of structure and a higher project grade than the one being considered are deemed to meet the requirements for structure type and project grade.
Example: For the package of constructing "High School A”, which includes a combination of projects:
+ Building A1 (Classroom Building): 10 stories high, with a total floor area of 5,000 m², valued at (X) VND according to the approved estimate. Building A1 is a grade II structure according to Circular No. 06/2021/TT-BXD.
+ Building A2 (Classroom Building): 6 stories high, with a total floor area of 1,000 m², valued at (Y) VND according to the approved estimate. Building A2 is a grade III structure according to Circular No. 06/2021/TT-BXD.
+ Protective fence: 3 meters high
+ Security post: 1 story high, with a floor area of 12 m²
The E-HSMT may stipulate the experience requirement for similar construction projects as: "the bidder has completed the construction of a building, with a grade II structure, with a minimum value of 50% x (X) VND,” without requiring the bidder to have experience in building A2 (grade III project), the protective fence, or the security post.
Based on the scale and nature of the package, requirements regarding site conditions may also be stipulated.

2.2. Evaluation criteria for technical capacity
a) Key personnel:
Based on the scale and nature of the package and construction law, the Employer provides appropriate requirements for key personnel in the E-HSMT. The E-HSMT shall not require key personnel for positions where construction law does not stipulate standards for that title, or for regular technical positions, technical workers, or unskilled labor.
The bidder must provide detailed information about the proposed key personnel and their experience records using Forms No. 06A, 06B, and 06C in Chapter IV. Key personnel may be part of the bidder's staff or mobilized by the bidder. If the key personnel proposed in the E-HSDT do not meet the requirements or cannot demonstrate their availability (including cases where personnel have already been mobilized for another contract with overlapping timeframes with this package), the Bid inviter allows the bidder to supplement or replace them. The bidder is only allowed to supplement or replace key personnel once for each position within an appropriate timeframe, but not less than 3 working days. If the bidder cannot provide replacement personnel that meet the requirements of the E-HSMT, the bidder will be disqualified. In any case, if the bidder provides false personnel information, the bidder will not be allowed to replace the personnel, their E-HSDT will be disqualified, and the bidder will be considered fraudulent under Clause 4, Article 16 of the Bidding Law and will be dealt with according to Point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.
The requirements for key personnel are digitized in Webform format on the System. Experience in similar tasks is reflected in either the minimum number of years personnel have performed similar tasks or the minimum number of contracts in similar tasks. The number of years of experience of key personnel is calculated from the time the personnel started performing similar tasks until the bid closing date. The bidder must provide detailed information about the proposed key personnel using Forms No. 06A, 06B, and 06C in Chapter IV to demonstrate that they have sufficient personnel for key positions that meet the following requirements:

Table No. 02: Key Personnel Requirements (Webform on the System)

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

Note:
(1) Only stipulated in cases where the specialized law requires a degree/professional certificate.
b) Main construction equipment expected to be mobilized for the package
Based on the provisions of construction law, the Employer and Bid inviter stipulate the requirements for the main construction equipment expected to be mobilized and the quantity required for implementing the package. The requirements should only cover essential, specialized, and unique equipment that must be available to carry out the package. Main construction equipment can belong to the bidder or be mobilized by the bidder. If the main construction equipment declared by the bidder in the E-HSDT does not meet the requirements or the bidder cannot prove the ability to mobilize the equipment (including cases where the equipment is already mobilized for another contract with overlapping work periods), the Bid inviter allows the bidder to supplement or replace it. The bidder is only allowed to supplement or replace each piece of equipment once, within a reasonable timeframe but not less than 3 working days. If the bidder cannot provide replacement equipment that meets the E-HSMT requirements, the bidder will be disqualified. In all cases, if the bidder declares equipment dishonestly, they will not be allowed to replace the equipment, their E-HSDT will be disqualified, and the bidder will be considered fraudulent according to Clause 4, Article 16 of the Bidding Law and will be handled according to Point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.
The requirements for the main construction equipment are digitized in Webform format on the System. The bidder must provide detailed information about the main construction equipment proposed using Form No. 06D, Chapter IV, to demonstrate that they have sufficient equipment to meet the following requirements:

Table No. 03: Main Construction Equipment Requirements (Webform on the System)

No.	Type and Specifications of Equipment	Minimum Quantity Required
1
2
3
…

In case the bidder wins the bid and signs the contract, the bidder is obliged to mobilize the key personnel and main construction equipment as initially proposed or as amended in accordance with this section. Failure to mobilize the key personnel and main construction equipment will result in contract penalties and an assessment of the bidder's reputation in future bids.

2.3. Special subbidders (if any):
The Employer and Bid inviter only evaluate the technical capacity and experience of special subbidders for specialized work allowed to use special subbidders as stipulated in Section 27.5 of the E-CDNT. The specific experience and financial resources of special subbidders will not be added to the bidder's experience and resources when evaluating the bidder's experience and capacity. The proposed special subbidder must have sufficient experience and technical capacity to perform the work and must meet the following criteria:____[list the criteria and evaluation standards for the special subbidder].

Section 3. Technical Evaluation Standards

Using pass/fail criteria or a scoring method to establish technical evaluation standards.
The technical evaluation criteria are developed based on the contents specified in Chapter V, the information on the bidder’s contract performance as stipulated in Articles 17 and 18 of Decree No. 24/2024/ND-CP, and other requirements outlined in the E-HSMT. Based on the specific package, when preparing the E-HSMT, the following criteria must be detailed to serve as a basis for technical evaluation, including:
- Reasonableness and feasibility of technical solutions and construction organization measures in line with the proposed construction schedule;
- Construction schedule;
- Project management approach, including project management organization and site management organization;
- Quality assurance measures; ensuring environmental sanitation conditions and other conditions such as fire prevention, firefighting, and occupational safety;
- Level of compliance with warranty and maintenance requirements;
- Environmental friendliness factors (if any), including the use of materials, construction organization methods, production lines, construction technology, and other factors (if any);
- Information on the contract performance of construction, EPC, EC, PC packages by the bidder as stipulated in Articles 17 and 18 of Decree No. 24/2024/ND-CP;
- Other necessary factors.
Unless the nature of the package requires the bidder to follow the exact construction method specified in the E-HSMT, the E-HSMT should allow the bidder to propose alternative construction methods different from those specified in the E-HSMT.
The bidder may choose to attach the construction operation capability certificate or not attach this certificate in the E-HSDT, even if the E-HSMT requires the bidder to have this certificate. The absence of the construction operation capability certificate is not a reason to eliminate the bidder. The bidder's E-HSDT will still be considered, evaluated, and approved for winning the bid. If the bidder wins the bid, the bidder must present the construction operation capability certificate before the contract is awarded.

3.1. Evaluation byscoring method[4]:
When using the scoring method, minimum and maximum scores must be stipulated for each general criterion. Minimum scores may be stipulated for essential detailed criteria under general criteria; minimum scores should not be set for non-essential detailed criteria.
Based on the scale and nature of the package, the minimum and maximum scores for each general criterion are stipulated. The required minimum score should not be lower than 70% of the total technical score. For packages where emphasis is placed on both technical factors and price, the Employer may stipulate that the required minimum technical score should not be lower than 80% of the total maximum technical score. E-HSDT with a total score (as well as a score for some general standards) that meets or exceeds the required minimum score will be considered as technically qualified and will proceed to financial evaluation.
The technical score for each general criterion is calculated based on the technical score of the detailed criteria using the following formula:

Where:
t_ji= technical score of the detailed criterion "i" under the general criterion "j",
w_ji= weight of the detailed criterion "i" under the general criterion "j",
k    = number of detailed criteria under the general criterion "j", and
The total technical score is calculated as follows:

Where:
S_j     = technical score of the general criterion "j",
W_j    = weight of the general criterion "j",
n     = number of general criteria, and
3.2. Evaluation using the pass/fail method[5]:
In cases where the pass/fail method is used for evaluating general criteria, only the pass/fail criteria are applied. The level of requirement for each content is determined based on the scale and nature of the package. For essential detailed criteria under general criteria, only the pass/fail criteria are applied. For non-essential detailed criteria under general criteria, besides the pass/fail criteria, an additional "acceptable" criterion can be applied, but it should not exceed 30% of the total number of detailed criteria under the general criterion. The general criterion is evaluated as "pass" when all essential detailed criteria are evaluated as "pass" and the non-essential detailed criteria are evaluated as "pass" or "acceptable".
E-HSDT is evaluated as meeting the technical requirements when all general criteria are evaluated as "pass".
Section 4. Financial Evaluation Standards
Based on the nature and scale of each specific package, choose one of the following methods as appropriate:
4.1. Lowest Price Method[6]:
The lowest price is determined according to the following steps:
Step 1. Determine the bid price;
Step 2. Adjust for excess deviations (as stipulated in Section 28 of the E-CDNT);
Step 3. Determine the bid price after adjusting for excess deviations (if any), minus the discount value (if any);
Step 4. Determine preferences (if any) as per the provisions of Section 29 of the E-CDNT
Step 5. Rank the bidders: The E-HSDT with the lowest bid price, after adjusting for excess deviations (if any), subtracting the discount value (if any), and after applying preferences (if any), will be ranked first.
4.2. Evaluated Price Method[7]:
The evaluated price is determined through the following steps:
Step 1. Determine the bid price;
Step 2. Adjust for excess deviations (as per the provisions of Section 28 of the E-CDNT);
Step 3. Determine the bid price after adjusting for excess deviations (if any), subtracting the discount value (if any);
Step 4. Determine the evaluated price:
The evaluated price is calculated as follows:
G_ĐG = G ± Δ_G+ Δ_ƯĐ
Where:
- G = (bid price ± adjusted excess deviations) - discount value (if any);
- Δ_ƯĐ represents the preferences determined as per the provisions of Section 29 of the E-CDNT;
- Δ_G is the value of factors normalized to the same basis for the entire life cycle of the project, including:
+ Project completion schedule;
+ Life cycle costs throughout the entire period of the project’s use;
+ Loan interest costs (if any);
+ Sustainable procurement factors (if any);
+ Information on the contract performance results of the bidder for construction, EPC, EC, PC packages, as per the provisions of Article 17 and Article 18 of Decree No. 24/2024/ND-CP;
+ Other factors (if any).
1. Project completion schedule:
The project must be completed within the timeframe as per the project completion schedule specified in the E-HSMT. If the bidder proposes an earlier completion time than stated in the E-HSMT, no preference will be given; if the bidder proposes a later completion time, their E-HSDT will be disqualified.
In cases where the Investor or Procuring Entity can quantify the monetary benefit of a day the project is put into use earlier (within the project completion schedule) as A, this factor will be used in the evaluated price formula. If the bidder completes the project X days later than the earliest completion date (but still within the project completion schedule), an additional amount of A x X will be added to the bidder's bid price for comparison and ranking.
2. Life cycle costs should be used when operating and maintenance costs over the project’s life cycle are significant compared to the construction costs and may vary between E-HSDTs. Life cycle costs will be evaluated on a net present value basis. If life cycle costs are applied, the following factors may be considered for comparison and ranking:
- Number of years for calculating life cycle costs: ___ [specify number of years];
- Discount rate for calculating net present value of operating and maintenance costs: ____ [specify discount rate];
- Annual operating and maintenance costs over the project’s life cycle determined by the method: ______ [specify method];
- Other factors as required by the Investor or Procuring Entity;
3. Sustainable procurement (if any): _____ [this content may be specified if required in Section 3 of this Chapter. In this case, the Investor or Procuring Entity should quantify the monetary value for each unit difference in environmental or social performance parameters from the minimum requirement. If eco-label or energy label products or services are given priority, specific provisions should be made];
4. Information on contract performance results for construction, EPC, EC, PC packages by the bidder as per the provisions of Article 18 and Article 19 of Decree No. 24/2024/ND-CP;
5. Other factors (if any).
Step 5. Determine preferences (if any) as per the provisions of Section 29 of the E-CDNT
Step 6. Rank the bidders: The E-HSDT with the lowest evaluated price after applying preferences will be ranked first.
Section 5. Alternative Technical Solutions in the E-HSDT (if any)
If alternative technical solutions are allowed as per the provisions of Section 12 of the E-CDNT, the E-HSDT will be evaluated as follows:____[specify the criteria and standards for evaluating alternative technical solutions].

Chapter IV. TENDER AND BIDDING FORMS

No.	Form	Method of implementation	Responsibility for implementation
No.	Form	Method of implementation	Investor	Bidder
1	Form No. 01A. Work item list (applicable to lump sum contracts)	Webform	X
2	Form No. 01B. Work item list (applicable to fixed unit price contracts)		X
3	Form No. 01C. Work item list (applicable to contracts with adjustable unit prices)		X
4	Form No. 01D. Work item list (applicable to result-based contracts)		X
5	Form No. 01E. Work item list (applicable to mixed contracts)		X
6	Form No. 01F. Implementation schedule table		X
7	Form No. 02. Bid submission form	Webform		X
8	Form No. 03. Partnership agreement	Webform		X
9	Form No. 04A. Bid security guarantee (applicable for individual bidders)	Scan and attach or electronic guarantee		X
10	Form No. 04B. Bid security guarantee (applicable for joint ventures)	Scan and attach or electronic guarantee		X
11	Form No. 05. Similar contracts performed by the bidder	Webform		X
12	Form No. 06A. Proposal for key personnel			X
13	Form No. 06B. Curriculum vitae for key personnel			X
14	Form No. 06C. Professional experience			X
15	Form No. 06D. Key construction equipment declaration form			X
18	Form No. 07. Uncompleted construction, EPC, EC, PC, turnkey contracts in the past			X
19	Form No. 08A. Bidder's financial status			X
20	Form No. 08B. Financial resources			X
21	Form No. 08C. Monthly financial resources for ongoing contracts			X
22	Form No. 09A. Scope of work using subbidders			X
22	Form No. 09B. Declaration of special subbidders			X
23	Form No. 09C. List of subsidiaries and member companies undertaking part of the contract package			X
24	Form No. 10. Implementation schedule			X
30	Form No. 12A. Daily Work Log			X
31	Form No. 12B. Estimated Costs List			X
32	Form No. 12C. Adjustment Data Sheet				X

Form No. 01A (Webform on the System)

WORK ITEM LIST⁽¹⁾
(Applicable for lump sum contract)

No.	Description of Work⁽²⁾	Reference Quantity⁽³⁾	Unit of Measurement

Note:
(1), (3) The list of work items and quantities is for reference only; the bidder is responsible for ensuring that the work items are accurate and conform to the design and technical requirements in Chapter V. After verifying the work items and quantities as per the design, the bidder shall quote each item according to Form No. 11A in this chapter.
(2) Refer to the corresponding content as stipulated in Chapter V.

Form No. 01B (Webform on the System)

LIST OF WORK ITEMS
(Applicable to fixed unit price contracts)

The investor lists the related construction items to carry out the bidding package according to the table below:

No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
(1)	(2)	(3)	(4)	(5)
I	Work Items
1	Item 1
2	Item 2
…	…
II	*Contingency Costs^()**
	Contingency costs for additional quantities:		b1%

Note:
(1), (2), (4), (5) The investor lists the specific work items for each category, unit of measurement, and quantity, which will serve as the basis for the bidder’s bid pricing.
(3) The investor provides specific references to the technical requirements/technical guidelines for carrying out the corresponding work items in Chapter V of the E-HSMT or in the technical instruction documents (section title, page number, volume…) to assist the bidder in reviewing and studying the technical requirements/technical guidelines for bid pricing.
(*) Contingency costs: The E-HSMT must specify the contingency percentage for additional quantities (b1%) as a basis for the bidder’s bid. When participating in the bidding, the bidder must quote the contingency costs for additional quantities, with the value being calculated as a percentage (%) specified in the E-HSMT (b1%) multiplied by the costs of the items quoted by the bidder. Contingency costs will only be used when additional work arises in practice.

Form No. 01C (Webform on the System)

LIST OF WORK ITEMS
(For contracts with adjustable unit prices)

The investor lists the related construction items to execute the bidding package according to the table below:

No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
(1)	(2)	(3)	(4)	(5)
…	…
II	*Contingency Costs()**
1	Contingency costs for additional quantities and inflation costs:		b2%

Note:
(1), (2), (4), (5) The investor lists the specific items, work for each category, unit of measurement, and quantity as a basis for the bidder's bid price.
(3) The investor specifies references to technical requirements/technical instructions to implement the corresponding work items in Chapter V of the E-HSMT or in the technical instruction documents (section title, page number, volume...) to facilitate the bidder's review and study of the technical requirements/technical instructions as a basis for bidding.
(*) Contingency costs:
The E-HSMT must clearly state the contingency percentage for additional quantities and price escalation (b2%) as a basis for the bidder's bid. When participating in the bidding, the bidder must quote contingency costs for additional quantities and price escalation with a value equal to the percentage (%) specified in the E-HSMT (b2%) multiplied by the cost of the items quoted by the bidder. Contingency costs are only used when there are actual additional quantities or price escalations.

Form No. 01D (Webform on the System)

LIST OF WORK ITEMS
(For output-based contracts)

No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
(1)	(2)	(3)	(4)	(5)
1	Item 1
2	Item 2
…	…

Note:
(1), (2), (4), (5) The investor lists the specific items, work, quantity, and unit of measurement for the bidder's bid pricing.
(3) The investor provides specific references to technical requirements/technical instructions for implementing the corresponding work items in Chapter V of the E-HSMT or in the technical instruction documents (section title, page number, volume...) to facilitate the bidder's review and study of the technical requirements/technical instructions as a basis for bid pricing.

Form No. 01E (Webform on the System)

LIST OF WORK ITEMS
(For mixed contracts)

The investor lists the related construction items to execute the bidding package according to the table below:
I. Work items applied under lump sum contracts⁽¹⁾

No.	Description of Work⁽²⁾	Reference Quantity⁽³⁾	Unit

Note:
(1), (3) The list of work items and quantities is for reference only; the bidder is responsible for verifying the work items according to the design and technical requirements in Chapter V. After verifying the work items and quantities according to the design, the bidder will submit a price for each item according to Form No. 11E in this Chapter.
(2) Refer to the corresponding content stipulated in Chapter V.
II. Work items applied under fixed unit price contracts

No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
No.	Description of Work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit
(1)	(2)	(3)	(4)	(5)
I	Work Items
1	Item 1
2	Item 2
…	…
II	*Contingency Cost^()**
1	Contingency cost for arising quantities and price escalation^():*		b2%

Note:
(1), (2), (4), (5) The investor specifies the name of the items, the specific tasks of each item, unit of measurement, and quantity for the bidder to use as a basis for bid pricing.
(3) The investor provides a specific reference to the technical requirements/technical instructions for the corresponding work item in Chapter V of the E-HSMT or in the technical instruction documents (section name, page number, volume…) to facilitate the bidder's review and research on the technical requirements/technical instructions as a basis for bid pricing.
(*) Contingency cost:
In the E-HSMT, the contingency percentage for arising quantities and price escalation (b2%) must be clearly stated for the bidder to use as a basis for bid pricing. When participating in the tender, the bidder must submit contingency costs for arising quantities and price escalation at the percentage (%) specified in the E-HSMT (b2%) multiplied by the cost of the items quoted by the bidder. Contingency costs can only be used when actual additional work arises or there is price escalation.
IV. Work items applied under output-based contracts

No.	Job Description for Bidding	Technical Requirements/Main Technical Guidelines	Bidding Volume	Unit
(1)	(2)	(3)	(4)	(5)
1	Item 1
2	Item 2
…	…

Note:
(1), (2), (4), (5) The investor should specify the name of the items, specific work, volume, and unit for the bidder to use as a basis for bid pricing.
(3) The investor should specify references to the technical requirements/technical guidelines for the corresponding work item in Chapter V of the E-HSMT or in the technical instruction document (section name, page number, volume number...) to facilitate the bidder in reviewing and researching the technical requirements/technical guidelines as a basis for bid pricing.

Form No. 01F (Webform on the System)

IMPLEMENTATION SCHEDULE TABLE

No.	Project	Location	Project Completion Time of the project
No.	Project	Location	Earliest project completion time [specify the number of days from the date the contract takes effect]	Latest project completion time [specify the number of days from the date the contract takes effect]
(1)	(2)	(3)	(4)	(5)

Note:
(2): Extract the name of the bidding package.
(3): Specify the location where the bidding package is implemented.
(4): The investor fills in but ensures that the time in this column is less than the time in column (5).
(5): Extract the time for executing the bidding package.

Form No. 02 (webform on the System)

BID FORM⁽¹⁾

Date: ___ [System automatically extracts]
Bidding package name: ___ [System automatically extracts]
To: ___ [System automatically extracts]
After reviewing the E-HSMT, we:
Bidder's name: ___ [System automatically extracts], Tax code: ___ [System automatically extracts]commit to execute the bidding package ____ [System automatically extracts] with E-TBMT number:___ [System automatically extracts] in accordance with the requirements outlined in the E-HSMT with a total bid price of ____ [System automatically extracts] along with the attached bid price summary tables.
Additionally, we voluntarily offer a bid price discount with a discount rate of ____ [Enter discount rate, if any].
The bid price after applying the discount is: _____ [System automatically calculates] (including all taxes, fees, and charges (if any)).
Validity of E-HSDT: ____ [System automatically extracts]
Bid guarantee: ___ [ enter value in numbers, words, and currency of the bid guarantee]
Validity of the Bid Guarantee⁽²⁾: ____ [Enter validity period from the bid closing date]
We commit:
1. We are not in the process of dissolution or subject to revocation of business registration certificates, cooperative registration certificates, or other similar documents. We are not unable to pay debts as per the laws on bankruptcy (in the case of individual business households, the business is not being terminated or subject to revocation of business registration certificates).
2. We do not violate regulations on ensuring competition in bidding.
3. We have fulfilled the tax declaration and payment obligations for the financial year most recent to the bid closing date.
4. We are not currently banned from participating in bidding as per the law;
5. We are not under criminal investigation (the head of the household is not under criminal investigation in the case of an individual business household).
6. In the three years preceding the bid closing date, the bidder does not have personnel (who signed a labor contract with the bidder at the time the violation was committed) convicted by the court of a serious violation of bidding laws aimed at securing a bid award.⁽³⁾
7. We do not engage in acts of corruption, bribery, collusion, obstruction, or any other violations of bidding laws during participation in this bid.
8. We meet the enterprise classification as required by E-HSMT for construction packages with a value of no more than 5 billion VND.
9. The information declared in the E-HSDT is truthful.
10. In case of winning the bid, the E-HSDT and any supplementary documents or clarifications of the E-HSDT will constitute a binding agreement between the two parties until the contract is signed.
11. If our E-HSDT is accepted, we will provide the performance security in accordance with Section 37.1 of the E-CDNT of the E-HSMT.
12. We have the necessary capacity and experience to execute the bidding package⁽⁴⁾.
13. In the event that we fail to submit the original bid guarantee as required by the procuring entity as specified in Section 18.5 of the E-CDNT; if the bid guarantee is valued at less than 20 million VND, and we fail to submit the cash, certified check, bid guarantee letter, or guarantee insurance certificate as per Section 18.7 of the E-CDNT, our name will be published on the System, and our account will be locked for 06 months from the date the Public Procurement Agency, Ministry of Planning and Investment, receives a request from the Investor.
Note:
(1) The bid form is signed with the bidder’s digital signature when the bidder submits the E-HSDT.
(2) This provision does not apply if the value of the bid guarantee is less than 20 million VND.
(3) The E-HSMT does not require the bidder to submit criminal records of personnel to prove this evaluation criterion.
(4) Applicable for bidding packages using the competitive offering method.

Form No. 03 (Webform on the System)

PARTNERSHIP AGREEMENT

Date: ___ [System automatically extracts]
Bidding package:       [System automatically extracts ]
Under the project/procurement estimate: ____ [System automatically extracts]
Based on⁽¹⁾       [System automatically extracts]
Based on⁽¹⁾        [System automatically extracts]
Based on E-HSMT Bidding Package: ______ System automatically extracts] with E-TBMT number:__ [System automatically extracts]
We, representing the parties to the partnershipagreement, include:
Name of the first partnershipmember:____ [System automatically extracts]
Tax code: ___ [System automatically extracts];
Representative: Mr./Ms.:
Position:
Address:
Phone:
Name of the second partnershipmember:____ [System automatically extracts]
Tax code: ___ [System automatically extracts];
Representative: Mr./Ms.:
Position:
Address:
Phone:
...
Name of the nth partnershipmember:____ [System automatically extracts]
Tax code: ___ [System automatically extracts];
Representative: Mr./Ms.:
Position:
Address:
Phone:
...
The parties (hereinafter referred to as members) agree to sign the partnershipagreement with the following terms:
Article 1. General Principles
1. The members voluntarily form a partnershipto participate in the bidding for package ____ [System automatically extracts] under the project/procurement estimate ____ [System automatically extracts].
2. The members agree that the name of the partnershipfor all transactions related to this package shall be: ____ [Enter the name of the joint venture].
3. The members commit that no member is allowed to independently participate or form a partnershipwith another bidder to participate in this package. In the event of winning the bid, no member has the right to refuse to fulfill the responsibilities and obligations stipulated in the contract. If a partnershipmember refuses to fulfill its individual responsibilities as agreed, the member shall be dealt with as follows:
- Compensate for damages to the parties in the joint venture;
- Compensate for damages to the Investor as stipulated in the contract;
- Other forms of handling ____ [specify other forms of handling].
Article 2. Allocation of Responsibilities
The members agree to assign responsibilities to execute the package ____ [System automatically extracts] under the project/procurement estimate ____ [System automatically extracts] for each member as follows:
1. Lead member of the joint venture:
The parties agree to assign ____ [System automatically extracts partnershipmember] as the lead member of the joint venture, representing the partnershipin the following tasks⁽²⁾:
- Use the account and digital certificate to submit the E-HSDT on behalf of the joint venture.
[-Sign documents and papers for transactions with the Investor, the Procuring Entity during the bidding process, and explanation documents, clarifications of the E-HSDT, or withdrawal requests of the E-HSDT;
- Provide bid security for the entire joint venture;
- Participate in the process of document reconciliation, contract finalization;
- Sign protest letters in case the bidder has objections;
- Other tasks except contract signing ____ [specify other tasks (if any)].
2. The members of the partnershipagree to allocate responsibilities for tasks according to the table below⁽³⁾:

No.	Names of members in the joint venture	Assigned work	Percentage of value undertaken compared to the total bid price
1	Lead member of the joint venture (System automatically extracts)	- ___ - ___	- ___% - ___%
2	Second member of the joint venture	- ___ - ___	- ___% - ___%
....	....	....	......
Total		All tasks of the package	100%

Article 3. Validity of the Joint Venture Agreement
          1. The partnershipagreement is effective from the date of signing.
          2. The partnershipagreement terminates in the following cases:
          - The parties complete their responsibilities and obligations and proceed with contract liquidation;
          - The parties mutually agree to terminate;
          - The partnership bidder does not win the bid;
          - Cancel the bidding package ____ [System automatically extracts] under the project/purchase estimate ____ [System automatically extracts] as notified by the Investor, Procuring Entity.
          The partnershipagreement is made based on the consent of all members.
LEGAL REPRESENTATIVE OF THE LEAD MEMBER OF THE PARTNERSHIP
[confirmation, digital signature]
LEGAL REPRESENTATIVE OF THE PARTNERSHIP MEMBER
[confirmation, digital signature]
Note:
(1) The system automatically updates the legal documents according to current regulations.
(2) The assignment of responsibility includes one or more tasks as specified.
(3) The bidder must clearly state the specific work content and estimated corresponding value that each member of the partnershipwill perform, including both common and individual responsibilities of each member, including the lead member of the joint venture.
The division of tasks in the partnershipmust be based on the items listed in the summary of the bid price specified in Form No. 11 (11A or 11B or 11C or 11D or 11E) of Chapter IV; tasks not included in these items or not part of the production process for these items are not allowed to be assigned.

Form No. 04A (Attached Scan)

BID GUARANTEE⁽¹⁾
(applicable in case of independent bidders)

Beneficiary (The Guaranteed Party): ___ [insert name and address of the Investor as specified in Section 1.1 E-BDL or name of the Procuring Entity as specified in Section 5.1 (c) E-BDL]
Date of guarantee issuance: ___ [insert the date of guarantee issuance]
Bid Guarantee No.: ___ [insert the bid guarantee reference number]
Guarantor: ___ [insert name and address of the issuing institution, if not already indicated in the header on printed paper]
We have been informed that the guaranteed party, _____ [insert name of the bidder] (hereinafter referred to as the “Bidder”), will bid for the package _____ [insert name of the package] under the project/procurement estimate ____ [insert name of the project/procurement estimate] according to the Invitation for Bids/E-TBMT No. ____ [insert the reference number of the Invitation for Bids/E-TBMT].
We commit to the Beneficiary that we guarantee the bidder with an amount of ____ [insert the amount in figures, in words, and the currency used].
This guarantee is valid for ___⁽²⁾ days from ____ day of ____ month of ____ year⁽³⁾.
At the bidder’s request, we, as the guarantor, commit⁽⁴⁾ to pay the Beneficiary an amount of ____ [insert the amount in figures, in words, and the currency used] upon receiving a notification from the Beneficiary regarding the bidder's violation in the following cases:
1. After the bid closing date and during the validity period of the E-HSDT, the bidder submits a document withdrawing the E-HSDT or refuses to perform one or more of the tasks proposed in the E-HSDT as requested by the E-HSMT;
2. The bidder violates the provisions of Article 16 of the Law on Bidding or violates the law on bidding, resulting in the cancellation of the bid according to the provisions of points d and đ, Clause 1, Article 17 of the Law on Bidding;
3. The bidder fails to take measures to ensure contract performance as prescribed in Article 68 of the Law on Bidding;
4. The bidder fails or refuses to reconcile the documents within 5 working days from the date of receiving the invitation to reconcile documents, or has reconciled documents but refuses to sign the reconciliation report, except in cases of force majeure.
5. The bidder fails or refuses to finalize the contract within 10 days from the date of receiving the bid-winning notification from the procuring entity, except in cases of force majeure;
6. The bidder fails or refuses to sign the contract within 10 days from the date of contract finalization, except in cases of force majeure.
In the event that the Bidder is awarded the contract, this guarantee will expire immediately after the Bidder signs the contract and submits the performance security to the Beneficiary as per the agreement in that contract.
In the event that the Bidder is not awarded the contract, this guarantee will expire immediately after we receive a copy of the notification of the Bidder selection result or within 30 days from the expiry of the E-HSDT, whichever comes first.
Any claim under this guarantee must be submitted to our office before or on the last day of validity of this guarantee.
Legal Representative of the Bank
[insert name, position, sign, and stamp]

Notes:
(1) In case the bid guarantee violates one of the following conditions: the amount is lower, the validity period is shorter than required by Section 18.2 E-BDL, the Beneficiary's name is incorrect, it is not the original, it lacks a valid signature, it was signed before the Investor issued the E-HSMT, or it contains conditions detrimental to the Investor, the bid guarantee is considered invalid. This bid guarantee is irrevocable. In cases where necessary, for large-scale bid packages, to ensure the rights of the Investor, the Procuring Entity may require the bidder to provide documents to prove that the bid guarantee submitted in the E-HSDT is irrevocable.
(2) State the validity period according to Section 18.2 E-BDL.
(3) Enter the bid closing date according to the E-TBMT regulations. The validity period of the bid guarantee is calculated from the bid closing date to the last day of validity of the bid guarantee (the expiration time of the bid guarantee falls on the last day of validity of the bid guarantee without the need to wait until the end of 24 hours of that day).
(4) If the bid guarantee lacks one or more of the commitments mentioned above, it is considered a condition detrimental to the Investor, the Procuring Entity according to Section 18.3 E-CDNT, and the guarantee letter is considered invalid.

Mẫu số 04B (Attached Scan)

BID GUARANTEE⁽¹⁾
(applicable in the case of a partnership bidder)

Beneficiary (Guarantee Receiver):___ [insert name and address of the Investor as specified in Section 1.1 E-BDL or name of the Procuring Entity as specified in Section 5.1 (c) E-BDL]
Date of Issuance of the Guarantee:___ [insert the date of issuance of the guarantee]
Bid Guarantee No.:___ [insert reference number of the Bid Guarantee]
Guarantor:___[insert name and address of the issuing entity, if not already indicated in the letterhead]
We have been informed that the Guaranteed Party is ____ [insert name of the Bidder]⁽²⁾ (hereinafter referred to as the “Bidder”) who will participate in the bid to execute the package ____ [insert name of the package] under the project/procurement estimate ____ [insert name of the project/procurement estimate] according to Invitation to Bid/E-TBMT No.____ [insert reference number of the Invitation to Bid/E-TBMT].
We commit to the Beneficiary that we guarantee the Bidder’s participation in this package with a sum of ____ [insert the amount in numbers, words, and the currency].
This guarantee is valid for___⁽³⁾ days, from the date ____ month ___ year ___⁽⁴⁾.
At the request of the Bidder, we, as the Guarantor, commit⁽⁵⁾ to pay the Beneficiary an amount of ___ [insert the amount in numbers, words, and the currency] upon receipt of a written notice from the Beneficiary regarding the Bidder’s breach in the following cases:
1. After the bid submission deadline and during the validity period of the E-HSDT, the Bidder submits a withdrawal of the E-HSDT or refuses to perform one or more tasks proposed in the E-HSDT as requested by the E-HSMT;
2. The Bidder violates the provisions of Article 16 of the Law on Bidding or breaches the bidding law, resulting in bid cancellation according to points d and đ of Clause 1 Article 17 of the Law on Bidding;
3. The Bidder fails to provide the performance security as required under Article 68 of the Law on Bidding;
4. The Bidder fails to proceed or refuses to verify documents within 5 working days from the receipt of the document verification invitation or refuses to sign the verification minutes, except in cases of force majeure;
5. The Bidder fails to proceed or refuses to finalize the contract within 10 days from the date of receiving the notice of award from the Procuring Entity, except in cases of force majeure;
6. The Bidder fails to proceed or refuses to sign the contract within 10 days from the completion of the contract, except in cases of force majeure;
7. If any member of the partnership____ [insert full name of the partnership bidder]violates the provisions of the law leading to the non-refund of the bid security as specified in point b, clause 18.5 E-CDNT, then the bid security of all members in the partnershipwill not be refunded.
In the event the bidder wins the bid, this guarantee will become null and void as soon as the bidder signs the contract and submits the performance guarantee to the Beneficiary as agreed upon in the contract.
In the event the bidder does not win the bid, this guarantee will become null and void as soon as we receive a copy of the notification of the bidder selection result or within 30 days from the expiry of the E-HSDT, whichever comes first.
Any claims under this guarantee must be submitted to our office before or on the last effective day of this guarantee.
Legal Representative of the Bank
[insert name, title, signature, and stamp]

Notes:
(1) In the event the bid security violates one of the regulations such as: having a lower value, shorter validity period than required under Section 18.2 E-BDL, incorrect name of the beneficiary, not being the original copy, lacking valid signatures, signed before the Investor issued the E-HSMT, or containing conditions detrimental to the Investor, Procuring Entity, the bid security will be considered invalid. This bid security is irrevocable. If necessary, for large-scale bids, to ensure the rights of the Investor, Procuring Entity in forfeiting the bid security in case the bidder violates the provisions of the Bid Security, the Investor or Procuring Entity may require the bidder to provide documents proving that the bid security submitted in the E-HSDT is irrevocable.
(2) The name of the bidder can be one of the following:
- The name of the entire partnership bidder, for example, if the A + B partnershipparticipates in the bid, the bidder's name should be “A + B Joint Venture Bidder”;
- The name of the member responsible for securing the bid guarantee for the entire partnershipor for another member in the joint venture, for example, in the A + B + C joint venture, if the partnershipagreement assigns Bidder A to secure the bid for the entire joint venture, the bidder's name should be “Bidder A (on behalf of Joint Venture A + B + C)”, or if the partnershipagreement assigns Bidder B to secure the bid for B and C, the bidder's name should be “Bidder B (on behalf of B and C)”;
- The name of the partnershipmember that separately provides the bid security.
(3) Follow the regulations on validity period under Section 18.2 E-BDL.
(4) Enter the closing date according to the provisions of the E-TBMT. The validity period of the bid security is calculated from the closing date to the last valid day of the bid security (the expiry of the bid security occurs on the last valid day without the need for it to last until the end of 24 hours of that day).
(5) If the bid security lacks one or more of the commitments stated above, it will be considered detrimental to the Investor, Procuring Entity according to the provisions of Section 18.3 E-CDNT, and the guarantee letter will be deemed invalid.

Form No. 05 (Webform on the System)

SIMILAR CONTRACTS PERFORMED BY THE BIDDER
Bidder's name: _____[insert full name of the bidder].

Information on each contract, each contract must include the following information:

Contract name and number	[insert full name of the contract, contract number]
Contract signing date	[insert day, month, year]
Completion date	[insert day, month, year]
Contract value	[insert total contract value in currency agreed upon]		Equivalent to ____ VND
If a member of a joint venture, provide a summary of the work undertaken in the partnershipand the value of the portion of the contract performed by the bidder	[insert summary of the work undertaken in the joint venture]	[insert percentage of contract value undertaken by the bidder in the total contract value; amount and currency agreed upon]	Equivalent to ___ VND
Project/Procurement Name:	[insert full name of the project/procurement being declared]
Investor's Name:	[insert full name of the Investor in the declared contract]
Address: Phone/Fax: E-mail:	[insert full current address of the Investor] [insert phone number, fax number including country and area codes] [insert e-mail address]
Description of Similarity as per Section 2.1, Chapter III ⁽²⁾
1. Type of structure, level of the work	[insert information from the contract]
2. Value of the completed contract	[insert the actual value of the completed contract based on acceptance and settlement]
3. Scale of implementation	[insert information from the contract]
4. Method, Technology	[insert information from the contract]
5. Other details	[insert information (if any)]

Note:
The bidder should carefully study the E-HSMT and propose similar contracts to ensure compliance with the E-HSMT requirements.
(1) In case of a consortium, each member of the consortium must declare according to this form. If the bidder has multiple similar contracts, each contract must be declared according to this form.
(2) The bidder only declares content that is similar to the requirements of the bidding package.
(3)In case the contract value is not in VND, it should be converted to VND according to the exchange rate specified in Section 2.1, Chapter III as the basis for evaluation..

Form No. 06A (webform on the System)

KEY PERSONNEL PROPOSED

The bidder must declare key personnel according to the provisions at Point a, Section 2.2, Chapter III and must demonstrate the ability to mobilize these personnel to participate in the implementation of the bidding package. Key personnel may be part of the bidder’s staff or mobilized by the bidder. In the event that the key personnel proposed in the E-HSDT do not meet the requirements or cannot demonstrate the ability to mobilize personnel (including cases where personnel have already been mobilized for other contracts with overlapping work periods), the tenderer shall allow the bidder to supplement or replace personnel. The bidder is only allowed to supplement or replace personnel once for each position within a suitable time frame, but not less than 03 working days. In case the bidder does not have replacement personnel that meet the requirements of the E-HSMT, the bidder will be disqualified. In all cases, if the bidder falsely declares personnel, the bidder is not allowed to replace personnel, the bidder's E-HSDT will be disqualified, and the bidder will be considered fraudulent according to Clause 4, Article 16 of the Law on Procurement and will be handled in accordance with 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 undertaken in the package]
2	.
…

Form No. 06B (Webform on the System)

PROFESSIONAL RESUME OF KEY PERSONNEL

Personnel Information

Current Job

No.

Name

ID/Passport

Position

Date of Birth

Certificates/Professional Qualifications

Employer's Name

Employer's Address

Title

Years Working for Current Employer

Contact Person (Head of Department / HR 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 required information and prepare documents for verification (certified copies of relevant diplomas and certificates) during the document verification process.

Form No. 06C (Webform on the System)

List the expert's work experience in chronological order, without including jobs that are irrelevant or unrelated to the requested work.
The bidder must provide all the requested information and prepare documents for cross-referencing during the verification process.

Form No. 06D (Webform on the System)

LIST OF MAIN CONSTRUCTION EQUIPMENT

The bidder must declare the main construction equipment in accordance with point b, Section 2.2, Chapter III, and must demonstrate the ability to mobilize this equipment for the implementation of the package. The main construction equipment can either be owned by the bidder or mobilized by the bidder. If the main construction equipment proposed by the bidder in the E-Bidding Documents does not meet the requirements, the procuring entity allows the bidder to supplement or replace it. The bidder is only allowed to supplement or replace each piece of equipment once within an appropriate timeframe, but no less than 03 working days. If the bidder does not have replacement equipment that meets the requirements of the E-Bidding Documents, the bidder will be disqualified. In all cases, if the bidder declares equipment dishonestly, the bidder will not be allowed to replace personnel or equipment, the bidder's E-Bidding Documents will be disqualified, and the bidder will be deemed fraudulent as stipulated in Clause 4, Article 16 of the Law on Bidding and will be sanctioned according to point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.

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


2


…	…

No.	Equipment Information								Current Status
No.	Equipment Type	Manufacturer Name	Model	Capacity	Year of Manufacture	Features	Origin	Registration Number (if applicable)	Current Location of Equipment	Information on Current Mobilization and Usage	Equipment Source (Bidder's ownership/rented/leased/specially manufactured)
1
2
…

Đối với các thiết bị không thuộc sở hữu của mình thì nhà thầu phải kê khai thêm các thông tin dưới đây:

Chủ sở hữu							Thỏa thuận
Loại thiết bị	Tên chủ sở hữu	Địa chỉ chủ sở hữu	Số điện thoại	Số Fax	Telex	Thông tin chi tiết về thỏa thuận thuê/cho thuê/chế tạo thiết bị cụ thể cho dự án

Form No. 07 (Webform on the System)

UNCOMPLETED CONSTRUCTION, EPC, EC, PC, TURNKEY CONTRACTS DUE TO CONTRACTOR'S FAULT IN THE PAST⁽¹⁾

Bidder name: ________________
Date: ______________________
Name of the member of the partnership(if any):_________________________

Uncompleted construction, EPC, EC, PC contracts due to the bidder's fault in the past as stipulated in Section 2.1, Chapter III
¨ No uncompleted construction, EPC, EC, PC contracts due to the bidder's fault since January 01, ____[enter year] as stipulated in evaluation criterion 1 in the Evaluation Criteria Table on Capacity and Experience under Section 2.1, Chapter III. ¨ There are uncompleted construction, EPC, EC, PC contracts due to the bidder's fault since January 01, ____ [enter year] as stipulated in evaluation criterion 1 in the Evaluation Criteria Table on Capacity and Experience under Section 2.1, Chapter III.
Year	Uncompleted Contract Portion	Contract Description	Total Contract Value (value, currency, exchange rate, equivalent value in VND)
		Contract Description: __________________ Investor Name: ___________________ Address: _________________________ Reason for Incomplete Contract: ________________________

Note:
(1) The bidder must accurately and truthfully declare uncompleted construction, EPC, EC, PC contracts due to the bidder's fault in the past; if the Procuring Entity discovers that the bidder has uncompleted construction, EPC, EC, PC contracts due to the bidder's fault in the past and has not declared them, the bidder shall be deemed fraudulent and the bidder's E-Bidding Documents shall be disqualified. In case of a joint venture, each member of the partnershipmust declare according to this Form.

Form No. 08A (Webform on the System)

CONTRACTOR'S FINANCIAL STATUS⁽¹⁾

Bidder Name: ________________
Date: ______________________
Name of the partnershipmember (if any): ________________________

	Bidder's financial year from day ___ month ___ to day ___ month ____ (bidder to fill in this section)
	Financial data for the most recent years as required by the E-Bidding Documents (The system automatically extracts this 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⁾	(The system calculates automatically)
Profit Before Tax
Profit After Tax

Notes:
(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 for that year (excluding VAT).
Average annual revenue (excluding VAT) = total revenue of each year (excluding VAT) as required by the E-Bidding Documents / number of years..
If the bidder is newly established and does not meet the required number of years according to the E-Bidding Documents, the average annual revenue (excluding VAT) is calculated based on the number of years for which the bidder has financial data..
The annual revenue (excluding VAT) is extracted from the bidder's profile. If the bidder finds that the annual revenue (excluding VAT) in the profile has not been updated by the system from the electronic tax system and the national business registration information system, the bidder should update the annual revenue information (excluding VAT) in the profile for bidding participation, ensuring it is consistent with the data declared on the electronic tax system at the time of bid closing. In such cases, the bidder must prepare documents to verify the declared information during the document verification process as follows:
Copies of financial statements (balance sheets including all relevant notes, and income statements) for the years as mentioned above, in compliance with the following conditions:
1. Reflect the financial condition of the bidder or the partnershipmember (if a joint venture), not the financial condition of an associated entity such as a parent company linked to a subsidiary or an affiliate company linked to the bidder or partnershipmember.
2. The financial statements must be complete and fully comply with the content as prescribed.
3. The financial statements must correspond to the completed accounting periods, accompanied by a certified copy of one of the following documents:
- Tax settlement inspection report;
- Self-declared tax returns (value-added tax and corporate income tax) with confirmation from the tax authority on the time of filing;
- Documents proving that the bidder has electronically declared tax settlements;
- Confirmation from the tax authority (full-year payment confirmation) on the performance of tax obligations;
- Audit report (if any);
- Other documents.
These documents must match the data declared by the bidder on the Electronic Tax System at the time of bid closing.

Form No. 08B (Webform on the System)

FINANCIAL RESOURCES ⁽¹⁾

Specify the expected financial resources, such as highly liquid assets, available credit lines (unused credit limits)^(*), or other financial resources (excluding advance payments under the contract) available to meet the financial resource requirements set out in Form No. 08C of this Chapter.

Bidder's Financial Resources
No.	Financial Source	Amount (VND)
1
2
3
4
5
…
Total Financial Resources of the Bidder (TFR)

Note:
(1) Each bidder or partnershipmember must provide information about their financial resources, along with supporting documents.
The financial resources the bidder plans to mobilize to execute the package are calculated using the following formula:

FR = TFR – TMC

Where:
- FR is the financial resources the bidder plans to mobilize to execute the package;
- TFR is the total financial resources of the bidder (as indicated in this Form);
- TMC is the total monthly financial resource requirement for ongoing contracts (indicated in Form No. 08C).
The bidder is considered to meet the financial resource requirements for the package if the projected financial resources for the package (FR) are at least equal to the required value stated in Evaluation Criteria 3.3, Table 01: Evaluation Criteria for Financial Capacity and Experience, Section 2.1, Chapter III.
In the case where the bidder submits a commitment letter from a legally operating financial institution in Vietnam, promising to provide credit to the bidder to execute the considered package in compliance with the provisions of Evaluation Criteria 3.3, Table 01: Evaluation Criteria for Financial Capacity and Experience, Section 2.1, Chapter III, the bidder is considered to meet the financial resource requirements for the package. The credit provision commitment, including conditions under which the bank grants credit in accordance with credit laws, is still accepted; besides submitting the credit commitment, the bidder is still required to declare information in this Form and in Form No. 08C.
(2) Highly liquid assets include cash and cash equivalents, short-term financial instruments, available-for-sale securities, marketable securities, trade receivables, short-term financial receivables, and other assets that can be converted into cash within one year.
(*) Available credit limit (remaining credit limit) is the total remaining credit limit across all credit agreements that the Bidder is permitted to use.

Form No. 08C (Webform on the System)

MONTHLY FINANCIAL RESOURCES
FOR ONGOING CONTRACTS ⁽¹⁾

No.	Contract Name	Investor's Contact (address, phone, fax)	Contract Completion Date	Remaining Contract Term in Months (A)⁽²⁾	Unpaid contract value, including taxes (B)⁽³⁾	Monthly financial resource requirement (B/A)
1
2
3
4
…
A. Total monthly financial resource requirement for ongoing contracts (TFR)

Note:
(1) Each bidder or partnershipmember must provide the information specified below to calculate the total financial resource requirements, which is the sum of: (i) the current commitments of the bidder (or each member of the joint venture) in all contracts the bidder (or each partnershipmember) is performing or will perform; (ii) the financial resource requirements for the contract under consideration. In addition, the bidder must also provide information on any other financial obligations that may significantly affect the execution of the contract under consideration if the bidder is awarded the contract.
(2) The remaining term of the contract is calculated 28 days prior to the bid closing date.
(3) The remaining unpaid contract value is calculated 28 days prior to the bid closing date.

Form No. 09A (Webform on the System)

SCOPE OF WORK FOR USING SUBCONTRACTORS⁽¹⁾

No.	Subbidder Name⁽²⁾	Scope of Work⁽³⁾	Work Volume⁽⁴⁾	Estimated % Value⁽⁵⁾	Subcontract Agreement or Contract⁽⁶⁾
1
2
3
4
…

Note:
(1) In case the E-HSMT stipulates the use of subbidders, the bidder shall declare according to this form.
(2) The bidder should specifically name the subbidder. In cases where the subbidder’s identity cannot yet be determined when submitting the bid, there is no need to declare this column, only the “Scope of Work” column. If the bidder wins the bid, the mobilization of the subbidder for the declared work must be approved by the Investor.
(3) The bidder should specify the name of the work item assigned to the subbidder.
(4) The bidder should specify the quantity of work assigned to the subbidder.
(5) The bidder should specify the percentage value of the work undertaken by the subbidder compared to the bid price.
(6) The bidder should specify the contract number or agreement and attach a scanned copy of these documents in the E-HSDT.

Form No. 09B (Webform on System)

DECLARATION OF SPECIAL SUBCONTRACTORS ⁽¹⁾

The bidder must provide documents proving compliance with the requirements specified in Clause 2.3, Section 2, Chapter III.

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

Ghi chú:
(1) Trường hợp sử dụng nhà thầu phụ đặc biệt thì kê khai theo Mẫu này.
(2) Nhà thầu ghi cụ thể tên nhà thầu phụ đặc biệt.
(3) Chủ đầu tư ghi cụ thể tên hạng mục công việc sẽ được sử dụng nhà thầu phụ đặc biệt.
(4) Nhà thầu ghi cụ thể khối lượng công việc dành cho nhà thầu phụ đặc biệt.
(5) Nhà thầu ghi cụ thể giá trị % công việc mà nhà thầu phụ đặc biệt đảm nhận so với giá trị gói thầu.
(6) Nhà thầu ghi cụ thể số hợp đồng hoặc văn bản thỏa thuận và đính kèm bản scan các tài liệu này trong E-HSDT.

Mẫu số 09C (Webform trên Hệ thống)

DANH SÁCH CÁC CÔNG TY CON, CÔNG TY THÀNH VIÊN

ĐẢM NHẬN PHẦN CÔNG VIỆC CỦA GÓI THẦU⁽¹⁾

No.	Subsidiary or Affiliate Company Name⁽²⁾	Work Undertaken in the Package⁽³⁾	Percentage Value Compared to Bid Price⁽⁴⁾	Remarks
1
2
3
4
5
…

Notes:
(1) In cases where the bidder participating in the tender is a parent company (such as a Corporation) that mobilizes a subsidiary or affiliate company to undertake part of the package, details must be specified in this table. The evaluation of similar contract experience is based on the value and workload undertaken by the parent or subsidiary company in the package. In cases where 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 work undertaken by the subsidiary or affiliate company.
(4) Specify the percentage value of the work undertaken by the subsidiary or affiliate company compared to the bid price.

Mẫu số 10 (Webform trên Hệ thống)

BẢNG TIẾN ĐỘ THỰC HIỆN

Nhà thầu đề xuất tiến độ thực hiện phù hợp với yêu cầu của Chủ đầu tư và phù hợp với đề xuất kỹ thuật của nhà thầu

STT	Công trình	Địa điểm	Thời gian hoàn thành công trình		Thời gian hoàn thành công trình do Nhà thầu đề xuất [ghi số ngày kể từ ngày hợp đồng có hiệu lực]
STT	Công trình	Địa điểm	Thời gian hoàn thành công trình sớm nhất [ghi số ngày kể từ ngày hợp đồng có hiệu lực]	Thời gian hoàn thành công trình muộn nhất [ghi số ngày kể từ ngày hợp đồng có hiệu lực]
(1)	(2)	(3)	(4)	(5)	(6)

Note:
(2), (3), (4), (5): Extracted from Form No. 01F in this Chapter.
(6): Proposed by the bidder.

Form No. 11A (Webform on the System)

BID PRICE SUMMARY SHEET ⁽¹⁾

(For lump-sum contracts)

No.	Description of Work ⁽²⁾	Unit	Price by items ⁽³⁾
1	Work Item 1
2	Work Item 2
..
Total: [System auto-calculated]

Note:
(1) The bidder's bid price is considered to have included all necessary costs to complete the package according to the design and technical requirements specified in the E-Bidding Documents, with no deviations to be corrected in case the work items proposed by the bidder in the bid price summary differ from the work items listed in the E-Bidding Documents, except for work items proposed beyond the scope of the E-Bidding Documents (in addition to the quantities needed to complete the design). In such cases, the extra work will be considered as a surplus and corrected according to the regulations.
- The bid price is the total value of the items listed in the "Description of Work" column. The bidder’s bid price must include costs for taxes, fees, charges, and contingency costs (if any). The bidder must calculate and allocate these costs into the bid price.
(2) The bidder is responsible for reviewing the work item list provided in the E-Bidding Documents. The bidder must supplement and offer prices for work items that are not included in the work item list but are necessary to complete the work as per the design. If the bidder does not add the missing work items, it is considered that the bidder has allocated the price of these work items into other work items of the package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the proposed price. If any surplus work items are found in the work item list compared to the design, the bidder shall exclude the surplus items from the bid price summary.
(3) The bidder is responsible for allocating contingency costs (if any) into the bid price. The bidder is not allowed to quote contingency costs separately. If the bidder quotes contingency costs separately, it will be considered as surplus and the deviation will be adjusted.
(4) Upon execution of the contract, if the bidder completes the entire package according to the design documents and technical requirements, the total amount paid to the bidder upon fulfilling all obligations under the contract will be exactly as specified in the contract price.

Form No. 11B (Webform on the System)

SUMMARY OF BID PRICE
(For fixed unit price contracts)

No.	Description of the Work	Technical Requirements/Main Technical Instructions	Quantity	Unit	Unit Bid Price	Total Amount
No.	Description of the Work	Technical Requirements/Main Technical Instructions	Quantity	Unit	Unit Bid Price	(Column 4 x 6)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
I	Items					A=A1+A2+…
*I.1*	*Item 1*						A1
1	…
2	…
*I.2*	*Item 2*						A2
1	…
2	…
..	…					…
II	*Contingency costs*
1	Contingency cost for additional work volume^()*		b1%			*B1 = b1% x A*
2	Labor cost					Y1
3	Other provisional costs					Y2
Total bid price (including taxes, fees, and charges (if any))							A+B1+Y1+Y2

Note:
(6): The bidder records the unit price of each item. The bid price must include taxes, fees, charges (if any), and contingency costs.
(7) Automatically calculated by the system.
(*): Extracted from the Investor’s bidding table. Contingency costs are only used when there is an actual increase in work volume.

Form No. 11C (Webform on the System)

SUMMARY OF BID PRICES (For adjusted unit price contracts)
No.	Description of bidding items	Main technical requirements/Instructions	Bid volume	Unit	Bid unit price	Total amount
No.	Description of bidding items	Main technical requirements/Instructions	Bid volume	Unit	Bid unit price	(Column 4 x 6)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
I	Items					A=A1+A2+…
*I.1*	*Item 1*						A1
1	…
2	…
*I.2*	*Item 2*						A2
1	…
2	…
..	…					…
II	**Contingency Costs ^()***
1	Contingency costs for increased volume and price escalation		b2%			*B2 = b2% x A*
2	Labor costs					Y1
3	Costs for other provisional items					Y2
Bid Price Summary (including taxes, fees, and charges, if applicable)							A+B1+Y1+Y2

Note:
(6) The bidder records the bid unit price for each item.
(7) The system automatically calculates. The bidder's bid price must include costs for taxes, fees, and charges (if any), and contingency costs.
(*) Extracted from the investor's bidding table. Contingency costs are only used when there is an increase in work volume and price escalation in practice.

Form No. 11D (Webform on the System)

BID PRICE SUMMARY
(For outcome-based contracts)

No.	Description of the bidding work	Technical Requirements/Main Technical Instructions	Bidding Quantity	Unit	Bid Unit Price	Total Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)=(4)x(6)
1	*Item 1*					A1
1.1	…
1.2	…
2	*Item 2*					A2
2.1	…
2.2	…
..	…					…
Summary of Bid Price (inclusive of taxes, fees, charges (if applicable))						A1 +A2+…

Note:
(6): The bidder fills in the unit price for each item. The bid price must include costs for taxes, fees, charges (if applicable).
(7) The system automatically calculates.

Form No. 11E (Webform on the System)

BID PRICE SUMMARY TABLE
(For mixed contract types)

I. Items applied to lump-sum contracts⁽¹⁾

No.	Description of Work ⁽²⁾	Unit of Measure	Price per Item ⁽³⁾
1	Work item 1
2	Work item 2
..
Total: [System auto-calculates]			X1

Note:
(1) The bid price for these items is considered to include all necessary costs to perform in accordance with the design and technical requirements stated in the E-HSMT. No corrections are made for deviations in the event that the work items proposed by the bidder in these items differ from those in the list of work items (for items applying to lump-sum contracts) in the E-HSMT, except for proposed work outside the scope of the E-HSMT (outside the volume required to complete the design). In this case, the work beyond the scope of the E-HSMT will be considered as excess bidding and will be adjusted as prescribed.
- The bid price for these items is the total value of the items listed in the "Work Description" column. The bidder's bid price must include costs for all types of taxes, fees, charges, and contingency costs (if any). The bidder must calculate these costs and allocate them into the price of the items.
(2) The bidder is responsible for reviewing the list of work items (for items applying to lump-sum contracts) stated in the E-HSMT. The bidder must add and bid for any work items that they find are missing from the list of work items (for items applying to lump-sum contracts) but are necessary to complete the work according to the design. If the bidder does not add the missing items, the bidder is considered to have allocated the price of these missing items into other work items of the package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the bid price. If it is found that the list of work items exceeds the design, the bidder must remove the excess items from the summary bid price list.
(3) The bidder is responsible for allocating contingency costs (if any) into the price of the items. The bidder is not allowed to quote contingency costs separately. If the bidder quotes contingency costs separately, it will be considered as excess bidding and will be adjusted for discrepancies.
(4) When executing the contract, if the bidder completes all items applying to the lump-sum contract according to the design documents and technical requirements, the total amount the bidder will be paid upon completion of all contractual obligations will exactly equal the price of the lump-sum items stated in the contract.
II. Items applying to fixed unit price contracts

No.	Work Description	Main Technical Requirements/Instructions	Bid Volume	Unit	Bid Unit Price	Total
No.	Work Description	Main Technical Requirements/Instructions	Bid Volume	Unit	Bid Unit Price	(Column 4 x 6)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
I	Items					A=A1+A2+…
*I.1*	*Item 1*					A1
1	…
2	…
*I.2*	*Item 2*					A2
1	…
2	…
..	…					…
II	**Contingency costs for arising work volume^()***		b1%			*B1 = b1% x A*
Total bid price (including taxes, fees, and charges, if any)						X2=A+B1

Note:
(6): The bidder must specify the unit price of each item. The bid price must include taxes, fees, charges (if any), and contingency costs.
(*): Extracted from the investor's bidding invitation. Contingency costs are only used when there is an actual increase in work volume.
(7) The system calculates automatically.
III. Items applying a price adjustment contract

No.	Bid work description	Main technical requirements/instructions	Bid volume	Unit	Bid unit price	Amount
No.	Bid work description	Main technical requirements/instructions	Bid volume	Unit	Bid unit price	(Column 4 x 6)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
I	Items					A=A1+A2+…
*I.1*	*Item 1*					A1
1	…
2	…
*I.2*	*Hạng mục 2*					A2
1	…
2	…
..	…					…
2	…
*I.2*	*Hạng mục 2*					A2
1	…
2	…
..	…					…
II	**Contingency cost ^()***
1	*Contingency cost for additional quantities and price escalation contingency*		b2%			*B2 = b2% x A*
Total bid price (including taxes, fees, charges (if any))						X3=A+B2

Note:
(6) The bidder enters the bid price for each item.
(*): extracted from the tender document of the Investor. The contingency cost is only used when there are actual additional quantities and price escalations.
(7) The system automatically calculates. The bidder's bid price must include the costs of taxes, fees, charges (if any), and contingency costs.
IV. Items applicable under output-based contracts contracts

No.	Description of the tendered work	Technical Requirements/Main Technical Instructions	Tender Quantity	Unit	Bid Price	Total Amount
(1)	(2)	(3)	(4)	(5)	(6)	(7)=(4)x(6)
*I.1*	*Item 1*					A1
1	…
…	…
*I.2*	*Item 2*					A2
1	…
..	…					…
Total Bid Price (including taxes, fees, and charges (if any))						X4=A1+A2+…

Note:
(6): the bidder enters the unit price for each item.
(7) The system automatically calculates.

V. Summary of Bid Price

No.	Items	Amount
I	Items under lump-sum contract	X1
II	Items under fixed unit price contract	X2
III	Items under adjustable unit price contract	X3
IV	Items under output-based contract	X4
IV	Labor cost	Y1
V	Costs for provisional sums	Y2
	Total (Bid price extracted)	X=X1+X2+X3+X4+Y1+Y2

Form No. 12A (Webform on the System)

DAILY WORK RECORD

1. General Regulations
a) The Daily Work Record is typically applied to packages where there may be work arising outside of the work listed in the Bid Price Summary or work that cannot be included in the description, quantity, or estimate in the Bid Price Summary.
If it is necessary to include the Daily Work Record in the E-Bidding Documents, the nominal quantity for items that may require day labor must be clearly specified for the bidder to use as a basis for quoting prices. The bid price for the daily work portion is transferred to the Provisional Cost in the Bid Price Summary. The Provisional Cost, including labor costs, will be separated and not considered during the evaluation of E-Bidding Documents to compare bids.
b) The awarded bid price and contract price will include the Provisional Cost offered by the bidder in the E-Bidding Documents. If, during the contract execution, additional day labor or other provisional work arises, the Investor will use the Provisional Cost to pay the bidder according to the contract regulations.
c) Work will not be carried out on a daily work basis unless there is a written request from the Investor. The bidder must fill in unit prices and total amounts for the day labor items in the labor, material, and equipment tables. The unit prices quoted by the bidder will apply to any daily work volume requested by the Investor. Unless otherwise stated in the contract, payments for day labor will depend on the price adjustment regulations in the contract conditions.
2. Labor Calculated by Daily Work
a) When calculating payments to the bidder based on daily work, the hours for labor will be calculated from the time the labor arrives at the site to perform the daily work until the time the labor returns to the original location, excluding lunch breaks and other rest periods. Only the time of laborers directly performing the work requested by the Investor and the work they are capable of doing will be counted. The time of the team leader participating in construction along with the workforce will also be counted, but the time of the foreman or other supervisory personnel will not be included.

b) The bidder will be paid for the total time laborers are hired on a daily work basis. The payment amount is calculated according to the unit prices the bidder quotes in the Daily Work Unit Price Table: 1. Labor. The unit price is considered to include (but is not limited to) all costs payable to the bidder, such as:
- Wages paid to laborers;
- Travel expenses, overtime, living expenses;
- Related social welfare costs;
- Bidder profit, management, supervision, insurance costs;
- Electricity, water, security, office supplies, communications, administration, clerical, and other related costs.
3. Materials Calculated by Daily Work
The bidder will be paid for materials used to perform the daily work based on the unit prices the bidder quotes in the Daily Work Unit Price Table: 2. Materials. The unit price must be quoted in VND and is considered to include management costs, profits, as follows:
a) The material unit price will be calculated based on the invoice price plus costs for delivering materials to the warehouse at the Site, including transportation costs, insurance, handling costs, damages, losses, etc.
b) The cost of transporting materials for work performed according to daily work from the warehouse at the Site to the location where the materials are used will be paid under the Labor and Equipment sections in this Table.
4. Bidder Equipment Calculated by Daily Work
a) The bidder will be paid for the bidder’s equipment available on-site and used for daily work according to the unit prices quoted by the bidder in the Daily Work Unit Price Table: 3. Bidder’s Equipment. The unit prices must be quoted in VND and are considered to include (but are not limited to) the following costs:

Equipment depreciation costs;
Interest, compensation, insurance, repair, maintenance, materials, fuel, lubricants, and other consumables;
Profit and management costs related to equipment usage.

The cost for equipment operators and assistants will be paid separately as described in the Labor Calculated by Daily Work section.
b) Only the actual operating hours of the equipment for performing daily work are eligible for payment, unless the investor agrees to pay for the time spent moving the equipment from the Site where it is located to the work site for daily work and the time spent returning the equipment to its original location.

Daily Work Unit Price Table: 1. Labor

Work No.	Description⁽¹⁾	Unit⁽²⁾	Nominal Quantity⁽³⁾	Unit Price⁽⁴⁾	Total Amount⁽⁵⁾ (VND)
1	Team Leader	hour	50
2	General Laborer	hour	500
3	Thợ nề	giờ	200
4	Thợ hồ	giờ	200
5	Thợ mộc	giờ	100
6	Thợ sắt	giờ	100
3	Mason	hour	200
4	Bricklayer	hour	200
5	Carpenter	hour	100
6	Ironworker	hour	100

Note:
(1), (2), (3) The investor, based on the potential for work arising outside the scope of work listed in the Bid Price Summary or work that cannot be included in the description, quantity, or estimate in the Bid Price Summary, must estimate and specifically record the name of the work, unit of measurement, and nominal quantity for work that may require daily labor as a basis for the bidder to bid.
(4), (5) The bidder must fill in the unit price and total amount for each corresponding item in the column “Description.”

Daily Work Unit Price Table: 2. Materials

Work No.	Description⁽¹⁾	Unit⁽²⁾	Nominal Quantity⁽³⁾	Unit Price⁽⁴⁾	Total Amount⁽⁵⁾ (VND)
1	Portland Cement	ton	0.5
2	16mmØ flexible steel reinforcement bar to M-31 or equivalent	kg	100
3	Ductile iron pipe (800mm Ø)	m	12
…	…..

	Total Price for Daily Work: Materials (transferred to the General Daily Work Table)				(A2)

Daily Work Unit Price Table 3. Bidder’s Equipment

Work No.	Description⁽¹⁾	Unit⁽²⁾	Nominal Quantity⁽³⁾	Unit Price⁽⁴⁾	Total Amount⁽⁵⁾ (VND)
1	Crawler crane, 10-15 tons	hour	10
2	Truck crane, 25-50 tons	hour	15
3	Hydraulic excavator, 170Hp	hour	10
4	Bulldozer, 3m, 100Hp	hour	20
5	Water tank truck, 5000 liters	hour	30
6	Air compressor, 6000 liters/min	hour	40
…	….


Total Price for Daily Work: Bidder's Equipment (transferred to the General Daily Work Table)					(A3)

General Daily Work Table

	Total Amount (VND)
1. Total Price for Daily Work: Labor	(A1)
2. Total Price for Daily Work: Materials	(A2)
3. Total Price for Daily Work: Bidder's Equipment	(A3)
Total Price for Daily Work (transferred to the "Amount" column for Daily Work Costs in the Bid Price Summary)	Y1

Form No. 12B (Webform on the System)

TABLE OF PROVISIONAL COSTS

The provisional cost will be separated and will not be considered during the evaluation of the E-HSDT for comparison with other E-HSDT. The winning bid and contract price will include the provisional cost quoted by the bidder in the E-HSDT. In case additional work arises during the execution of the contract as described, the investor will use the provisional cost to pay the bidder according to the terms of the contract.

Table No.	Work No.	Description⁽¹⁾	Total Amount (VND)⁽²⁾
04	15	Supply and install equipment at the pumping station
06	19	Provide ventilation system for underground piping
…
….

Total Provisional Costs (transferred to the "Amount" column of Provisional Cost in the Bid Price Summary)			Y2
	No adjustment Adjustment	— —	— —	— —	a: 0.10 ~ 0.20 b: c: d: e:
			Total		1.00

Part 2. TECHNICAL REQUIREMENTS
Chapter V. TECHNICAL REQUIREMENTS

I. Introduction to the Package
1. Scope of work for the package.
2. Completion deadline.
II. Implementation Schedule Requirements
Specify the time from the commencement of the project to contract completion in days/weeks/months.
In cases where, in addition to the overall project completion deadline, there are specific deadlines for individual project components, a completion schedule must be prepared accordingly.

No.	Project Component	Start Date	Completion Date
1
2
3
…

III. Technical Requirements/Instructions
1. Precise and clear technical specifications are a prerequisite for bidders to respond realistically and competitively to the Employer's requirements without imposing conditions on the Bidder’s E-HSDT. Technical specifications must be drafted to avoid limiting competition, while clearly specifying the skill levels, materials, and performance of the goods and services provided. The specifications must require that all goods and materials used in the Project are new, unused, of the latest generation, and incorporate all design and material improvements, unless otherwise specified in the contract.
2. Technical requirements must not impose conditions that limit bidder participation or create an advantage for one or more bidders, resulting in unfair competition. At the same time, excessively high requirements that could increase bid prices must not be set, nor should specific brand names or origins of materials, machinery, or equipment be mentioned.
3. In cases where it is necessary to specify a brand, catalog from a certain manufacturer, or specific materials, machinery, or equipment for reference or illustration, the term "or equivalent" must be added after the brand or catalog is mentioned, and the concept of equivalence must be clearly defined to mean having similar technical characteristics and performance to the specified materials, machinery, or equipment, to avoid favoring any specific product or bidder.
4. Warranty, maintenance, and service requirements (if any);
5. Sustainable Procurement: If there are requirements for sustainable procurement, the employer should include regulations ensuring environmental and social friendliness (using certified energy-labeled, eco-labeled construction materials and equipment, non-fired materials, sustainable, eco-friendly, and recyclable materials; construction methods to limit emissions, waste, environmental pollution, and minimize negative impacts on the site and construction area), ensuring these regulations are clear and do not limit bidder participation.
6. For contracts using output-based results, the technical requirements set by the employer must focus on output, such as standards, specifications, technical parameters, and the quality of the project. The employer must also specify the construction standards that the bidder must meet; however, these standards should not restrict bidder participation. Bidders may apply other standards, but must demonstrate that these standards are equivalent to or higher than the standards required by the employer. Essentially, the E-HSMT does not need to specify the exact processes or methods that the bidder must follow. Bidders are free to propose the processes and methods they deem suitable to complete the package.
Technical requirements must reflect the level of compliance with the output results, corresponding to the amount deducted from the payment value during project operation; requirements for quality, durability of the project, and other requirements.

IV. Drawings
This E-HSMT includes the following drawings:

No.	Code	Drawing Title	Version/Release Date
1
2
…

Part 3. CONTRACT TERMS AND CONTRACT FORMS
Chapter VI. GENERAL TERMS OF THE CONTRACT

The contract terms include E-GTC, E-STC of the contract, and the contract appendix (if any), which outlines the rights and obligations of the parties.
The E-GTC applies to all contracts of various packages and may be used without modification in this Chapter. The E-STC specifies content corresponding to the E-GTC when applied to each package, providing the necessary information to complete the contract and ensure feasibility for contract signing and implementation.
For packages using output-based contracts, the bidder will be paid different amounts depending on the quality of the output. If the bidder meets the requirements of the E-HSMT, they will receive 100% of the contract value (for lump sum contracts) or 100% of the actual work volume multiplied by the unit price (for fixed price or adjustable price contracts). If the bidder does not meet the proposed project quality, they will only be paid in proportion to the completed quality.
To apply the payment reduction clause, the Employer and the Bid inviter must develop a contract appendix, which specifies the output quality requirements, acceptable quality levels, inspection, assessment, and quality determination methods (e.g., sampling analysis, procedures, and methods to be applied for assessment), and the payment reduction rates per payment period.
In cases where the Employer and the Bid inviter have financial resources to incentivize bidders for delivering services of excellent quality, they may include an "increase in payment value" clause, similar to the payment reduction clause, in the E-GTC and E-STC.

	General Provisions
Definitions	In this contract, the following terms are defined as: “Drawings” refer to the construction drawings, including contract drawings and any modified or additional drawings issued by the Employer according to the contract; “Force Majeure” refers to events or circumstances beyond the control of the parties, which are unforeseen and unavoidable, not due to negligence or lack of attention by the parties. Force majeure events may include, but are not limited to, war, riots, strikes, fires, floods, epidemics, quarantine due to inspection, and trade embargoes; “Employer” refers to the party that hires the Bidder to execute the works, as stipulated in the E-STC; “Certificate of End of Defect Liability Period” refers to a certificate issued by the Employer confirming that the Bidder has rectified all defects in the works during the defect liability period; “Permanent Works” refers to the permanent structures constructed by the Bidder as part of the Contract; “Temporary Works” refers to the temporary structures necessary for the execution and installation of the permanent works, which are designed, constructed, installed, and dismantled by the Bidder; “Site” refers to the area defined in the E-STC; “Contract Price” refers to the total amount specified in the contract for the execution and completion of the works, including all costs for the maintenance of the works. The contract price includes all applicable taxes, fees, and charges (if any); “Contract” refers to the agreement between the Employer and the Bidder for the execution, completion, and maintenance of the works, expressed in writing, signed by both parties, including appendices and accompanying documents; “Year” refers to the Gregorian calendar year; “Day” refers to a calendar day; “Completion Date” refers to the date when the Employer certifies the completion of the works according to the E-STC; “Anticipated Completion Date” refers to the expected date for the Bidder to complete the works, as specified in the E-STC; “Commencement Date” refers to the date specified in the E-STC, which is the latest date for the Bidder to begin the works. This date may not necessarily coincide with the date the site is handed over; “Bidder” refers to the winning bidder (either as an individual bidder or a joint venture), as stipulated in the E-STC; “Subbidder” refers to any organization or individual contracted by the Bidder to participate in construction work; “Subbidder” refers to any organization listed in the subbidder list proposed by the Bidder, contracted by the Bidder to perform part of the work within the Contract as declared in the E-Bid Documents and accepted by the Employer; “Workshop” refers to any inseparable part of the works performing mechanical, electrical, chemical, or biological functions; “Defect” refers to any part of the works that has not been completed in accordance with the contract; “Compensation Event” refers to the events specified in Section 41 of the E-GCC; “Month” refers to a Gregorian calendar month; “Variation” refers to any written requests from the Employer that alter the works; “Equipment” refers to the Bidder’s temporary plant, vehicles, and machinery brought to the site for the purpose of executing the works; “Construction Defects Liability Period” refers to the period during which the Bidder is legally responsible for repairing defects in the works, starting from the date the works are accepted and handed over; “Specifications” refers to the technical requirements for the works as contained in the Contract, including any modifications or additions issued or approved by the Employer; “Supervising Consultant” refers to the consultant selected by the Employer to supervise the execution of the works at the site. The name of the supervising consultant is specified in the E-STC; “Materials” refers to all things supplied, including consumables used by the Bidder for the project; “Contract execution period” is calculated from the effective date of the contract until both parties have fulfilled their contractual obligations.
Contract documents and order of precedence	2.1. For partial completion as specified in E-STC, the terms “Works”, “Completion Date”, and “Anticipated Completion Date” in the E-GCC shall be understood as applicable to each part of the Works. 2.2. All documents listed in Section 2.3 of the E-GCC (including parts of documents) shall form the Contract, creating a unified whole that is complementary and explanatory to each other. 2.3. The contract documents shall be arranged in the following order of precedence: a) The contract, along with any contract appendices; b) The contract finalization minutes; c) The letter of acceptance of the E-bid and contract award; d) The decision approving the bidder selection result; đ) The E-STC; e) The E-GCC; g) The E-bid and clarification documents of the Bidder; h) The E-Tender Documents and amendments, if any; i) Other documents as specified in the E-STC.
Law and Language	The law governing the contract is Vietnamese law, and the language of the contract is Vietnamese. .
Notice	4.1. Any notice from one party to the other relating to the contract must be in writing. The term “in writing” or “written” means a handwritten, typed, printed, or electronically generated document that is stored for long-term preservation. 4.2. A notice will be deemed effective from the date the other party receives it or the effective date stated in the notice, whichever is later.
Contract Performance Guarantee	5.1. The contract performance guarantee must be submitted to the Investor no later than the date specified in the Letter of E-Bid Approval and contract award. The performance guarantee shall be provided in one or more of the following forms: a) A deposit with a cashier’s check for guarantees under 50 million VND, with the check's validity period matching the project duration; b) A letter of guarantee from a domestic financial institution or foreign bank branch established under Vietnamese law; c) A certificate of guarantee insurance from a domestic non-life insurance company or a foreign non-life insurance company branch established under Vietnamese law. The performance guarantee provided under items b and c of this Section is an unconditional guarantee (payment upon demand) in the format prescribed in Section VIII. 5.2. The value and validity of the performance guarantee shall be as specified in E-SCC. 5.3. The performance guarantee will be paid to the Investor to cover any loss arising from the Bidder’s failure to fulfill the contract obligations. 5.4. The term for the return of the performance guarantee shall be in accordance with E-SCC.
Safety, Fire Prevention, and Environmental Protection	Occupational safety, environmental protection, and fire prevention 6.1. Occupational Safety a) The bidder must establish safety measures for people and construction works on the construction site, including adjacent works; b) Safety measures and regulations on occupational safety must be publicly displayed on the construction site for everyone to know and comply with; dangerous locations on the site must have guides and warnings to prevent accidents; c) Related parties must regularly inspect and supervise occupational safety at the site. If violations of occupational safety are detected, construction must be suspended. Organizations or individuals who allow violations to occur within their management scope are responsible before the law; d) The bidder is responsible for training, instructing, and disseminating regulations on occupational safety to its workers. For certain jobs that require strict safety measures, workers must have certification in occupational safety training; đ) The bidder is responsible for providing workers with adequate protective equipment and ensuring occupational safety. In case of occupational safety incidents, the bidder and related parties are responsible for organizing the response and reporting to the state authority on occupational safety as required by law, as well as addressing and compensating for damages caused by the bidder's failure to ensure safety. 6.2. Environmental Protection a) The bidder must implement environmental protection measures for workers on the site and the surrounding environment, including measures for dust control, noise control, waste treatment, and site cleaning; waste must be covered and transported to designated disposal sites; b) During the transportation of construction materials and waste, there must be safety and environmental protection measures in place; c) The parties are responsible for inspecting and supervising the implementation of environmental protection measures during construction, while also being subject to inspection and supervision by the state environmental management authority. If the bidder does not comply with environmental protection regulations, the investor or the state environmental management authority has the right to suspend construction and require the bidder to comply with the correct environmental protection measures; d) Organizations or individuals who cause environmental harm during construction must take responsibility before the law and compensate for the damages caused by their negligence. 6.3. Fire Prevention: The parties involved in the construction contract must comply with the state regulations on fire prevention.
Subbidders	7.1. The bidder is allowed to enter into contracts with subbidders listed in the subbidder list specified in E-SCC to perform part of the work mentioned in the E-Bidding Documents. The use of subbidders will not alter the bidder's obligations. The bidder remains responsible to the investor for the quantity, quality, progress, and other obligations related to the portion of work performed by subbidders. The replacement or addition of subbidders on the list or changes to the subcontracted content mentioned in the E-Bidding Documents can only be made with the approval of the investor and the supervising consultant and must not exceed the maximum value of the work allocated to subbidders in the contract; the use of subbidders must meet the bidder's needs for contract execution, and subbidders must meet the bidder's capacity and experience requirements; 7.2. The value of the work performed by subbidders as stipulated in Section 7.1 of the E-SCC must not exceed the percentage of the contract price specified in E-SCC. 7.3. The bidder is responsible for paying the subbidder in full and on time according to the terms agreed between the bidder and the subbidder. 7.4. Other requirements regarding subbidders are specified in E-SCC.
Cooperation with Other Bidders	During the contract execution, the bidder must cooperate with other bidders and related units working on the construction site within the working schedule of those bidders and units as planned. In the event of changes to the work schedule of other bidders, the investor will notify the bidder in writing of those changes. If specified in the Technical Specifications or at the investor's request, the bidder must cooperate with and provide appropriate conditions for the investor's personnel and others to conduct environmental and social impact assessments. The investor must notify the bidder in advance of this.
Personnel and Equipment	The bidder must mobilize key personnel and use the equipment declared in E-HSDT or supplemented to carry out the construction. The investor will only approve the replacement of key personnel and equipment if the experience and capacity of the replacement personnel and the quality, functionality of the replacement equipment are equivalent to or higher than those proposed in the E-Bidding Documents. If the investor requests the bidder to dismiss personnel for legitimate reasons, the bidder must ensure that the person leaves the site within 7 working days from the date of receiving the investor's request and no longer performs any work related to the contract. If necessary, the bidder must immediately replace the personnel with someone of equivalent or higher capacity and experience. If the investor determines that a bidder's personnel has engaged in corrupt, fraudulent, collusive, coercive actions, or caused obstruction during the project, that personnel will be dismissed in accordance with Section 9.2 of the E-SCC.
Force Majeure	The bidder will not have the performance bond confiscated, nor be liable for damages, penalties, or contract termination if force majeure events hinder the progress or prevent the performance of the contract obligations. 10.2. When a force majeure event occurs, the failure of a party to fulfill any of its obligations will not be considered a violation or breach of the contract, provided that the affected party (a) has taken reasonable, cautious preventive measures and necessary alternatives, all with the purpose of fulfilling the terms and conditions of this contract, and (b) continues to perform its obligations under the contract to the extent that it remains reasonable and practicable. 10.3. In this contract, force majeure is understood as events beyond the control of the parties, unforeseeable, unavoidable, and making contract performance impossible, not due to negligence or lack of attention by the parties. Force majeure events may include but are not limited to war, riots, strikes, fires, floods, epidemics, quarantines, or government policies and regulations. 10.4. When a force majeure event occurs, the affected party must promptly notify the other party in writing about the event and its cause within 14 days of the occurrence. At the same time, a certificate confirming the force majeure event issued by an authorized organization at the location of the event must be submitted to the other party. The bidder affected by the force majeure event must continue to fulfill its contractual obligations to the extent permitted by the actual circumstances and must take all reasonable measures to mitigate the consequences of the force majeure event. 10.5. The deadline by which a party must complete a task under this contract is extended by a period equal to the time that party is unable to perform the task due to the force majeure event.
Risks of the Investor and the Bidder	The investor bears all risks identified in this contract as the investor’s risks, and the bidder bears all risks identified in this contract as the bidder’s risks.
Risks of the Investor	12.1. From the Commencement Date until the date the investor issues the Certificate of Completion of the Defects Liability Period, the investor is responsible for the following risks: a) Risks of injury, death to people, loss, or damage to property (excluding the Works, Materials, Plant, Equipment) due to the fault of the investor or its personnel; b) Risks of loss or damage to the Works, Materials, Plant, or Equipment due to the investor's fault, the investor's design, or force majeure. 12.2. From the Date of Completion until the investor issues the Certificate of Completion of the Defects Liability Period, the investor is responsible for any loss or damage to the Works, Plant, or Materials, except for cases where such loss or damage arises from: A defect remaining on the Date of Completion; An event occurring before the Date of Completion and not an investor risk; The bidder's activities on the Site after the Date of Completion.
Risks of the Bidder	The bidder is responsible for all risks not identified as the investor's risks, including risks of injury, death, loss, or damage to property (including the Works, Materials, Plant, Equipment) from the Commencement Date until the investor issues the Certificate of Completion of the Defects Liability Period.
Insurance	Insurance requirements are specified in E-SCC.
Site Information	The bidder is responsible for researching the information about the Construction Site mentioned in the E-CTC and other relevant information.
Site Security Assurance	The bidder is responsible for ensuring site security. Unauthorized personnel are not allowed to enter the Construction Site. Authorized personnel include the Bidder's Staff, the Investor's Staff, and those authorized by the Investor in writing (including the Investor's other bidders on the Site). According to Section 22.2 of the E-CTC, the bidder must submit the site security plan to the Investor for approval. The bidder must (i) conduct background checks (if necessary) on personnel assigned to ensure site security; (ii) train these personnel (or ensure they are adequately trained) in the use of force and in proper conduct towards the Bidder's Staff, the Investor's Staff, and affected communities; (iii) require the personnel to comply with the law and other requirements specified in the technical specifications. The bidder must not permit the use of force by security personnel except in cases of prevention and self-defense, in accordance with the nature and level of threats. When organizing site security, the bidder must comply with other requirements specified in the technical specifications.
Artifacts Discovered on Site	17.1. Any object of historical or significant value discovered on the construction site shall become the property of the Socialist Republic of Vietnam. The bidder must take all reasonable measures, including fencing off the area, to prevent further impact and prevent Bidder's Staff or others from removing or damaging these discoveries. The bidder must immediately notify the Investor of such discoveries to handle them according to the law. 17.2. If the contract implementation is delayed due to the discovery of artifacts or the bidder's involvement in handling, preserving, or transporting the artifacts, the bidder must notify the Investor for consideration and resolution.
Right to Use the Construction Site	The investor must grant the bidder the right to use the Construction Site on the date specified in E-CTC. If any part of the Site is not handed over to the bidder on the date specified in E-CTC, the investor will be deemed to have delayed the commencement of related activities, and this will be considered a Compensable Event.
Access to the Site	The bidder must allow the investor or any person authorized by the investor to access the Site and enter any location where work related to the Contract is being carried out or is intended to be carried out..
Supervisory Consultant	The Supervisory Consultant is responsible for performing the tasks specified in the Contract. The Supervisory Consultant may issue instructions to the bidder regarding the construction and correction of defects at any time. The bidder must comply with the instructions of the Supervisory Consultant. The bidder and subbidder are responsible for maintaining accurate and systematic records, reports, and books regarding the Construction, clearly reflecting changes in time and costs related to the Project. In case the investor changes the Supervisory Consultant, the investor will notify the bidder in writing.
Dispute Resolution	The investor and the bidder are responsible for resolving disputes between the two parties through negotiation and mediation. If the dispute cannot be resolved through negotiation and mediation within the time specified in E-CTC from the date the dispute arises, either party may request that the dispute be resolved according to the mechanism set forth in E-CTC.
	B. Time Management
Commencement Date and Estimated Completion Date	The bidder may commence work on the project on the Commencement Date specified in E-CTC and must carry out the construction work according to the detailed construction schedule submitted by the bidder and approved by the investor. The bidder must complete the project by the Estimated Completion Date specified in E-CTC.
Detailed Construction Schedule	Within the period specified in E-CTC, the bidder must submit the detailed construction schedule to the investor for review and approval, including the following contents: a) The sequence of work by the bidder and the estimated construction time for each major phase of the Project; b) The process and time for inspection and testing as specified in the Contract; c) An accompanying report that includes: a general report on the methods the bidder intends to apply and the main phases in the construction of the project; the number of personnel and equipment the bidder will require on-site for each major phase. For lump sum contracts, the activities in the detailed construction schedule must align with the List of Activities. The bidder must follow the detailed construction schedule after it has been approved by the investor. The approval of the detailed construction schedule by the investor does not override the bidder's obligations. The bidder may adjust the detailed construction schedule (clearly showing the impact of Changes and Compensable Events) and resubmit it to the investor at any time. The bidder must monitor the project progress and submit progress reports and updated detailed construction schedules (showing actual progress and the impact on the remaining work) for the investor's review no later than the times specified in E-CTC. If the bidder does not submit updated detailed construction schedules by these times, the investor may withhold a sum as specified in E-CTC from the next payment. This sum will be paid in the following payment period after the bidder submits the updated detailed construction schedule. For lump sum contracts, the bidder must submit the updated List of Activities within 14 days of the investor's request. In addition to progress reports, the bidder must immediately notify the investor of any suspected issues, incidents, or accidents on the site that have or are likely to cause significant adverse effects on the environment, affected communities, or the personnel of the investor or bidder. This includes any incidents or accidents causing fatalities or serious injuries with significant adverse effects. The bidder must immediately notify the investor of any suspected issues, incidents, or accidents occurring at subbidder or supplier facilities related to the project that have or are likely to cause significant adverse effects on the environment, affected communities, or the personnel of the investor, bidder, subbidders, or suppliers, as soon as they become aware of the issue, incident, or accident. The bidder's notification must include full information about such incidents and accidents. The bidder must provide full details of such incidents or accidents to the investor within the time frame approved by the investor. The bidder must require its subbidders and suppliers to immediately notify the bidder of any incidents and accidents as stipulated in this Clause.
Extension of Contract Duration	The investor and the bidder will negotiate an extension of the contract duration in the following cases: 24.1. The investor fails to grant the bidder the right to use the Construction Site at the time specified in Section 18 E-GCC; 24.2. The investor delays issuing the construction acceptance certificate without justification; 24.3. Other cases described in E-CTC.
Expediting Progress	If the investor needs the bidder to complete the project before the estimated completion date, the investor must request the bidder to propose the incurred costs for expediting the progress. If the investor accepts the proposed costs, the estimated completion date will be adjusted accordingly and confirmed by both the investor and the bidder. If the costs proposed by the bidder to expedite the progress are accepted by the investor, the contract price will be adjusted, and the incurred costs will be considered a change to the contract.
Delay at the Request of the Investor	The investor may request the bidder to postpone the commencement or slow down the progress of any project activities.
	C. Quality Management
Quality inspection of materials, machinery, and equipment	The bidder must ensure that all materials, machinery, and equipment meet the technical requirements. The bidder must provide samples and test results for the materials, machinery, and equipment specified in E-CTC for inspection and as a basis for project acceptance. The investor will inspect materials, machinery, and equipment at the extraction site, manufacturing site, or on the construction site at any time. The bidder must ensure the arrangement of personnel and the necessary conditions for the inspection of the aforementioned materials, machinery, and equipment.
Identifying defects in the project	The investor must inspect and evaluate the quality of the bidder's work and notify the bidder of any detected defects. The investor's inspection does not alter the bidder's responsibilities. The investor may instruct the bidder to investigate whether there are defects in the project, and the bidder must inspect and test any part of the work the investor suspects may have defects.
Testing	If the investor instructs the bidder to conduct a test not specified in the technical specifications to check for defects, and the test results reveal defects, the bidder must bear the cost of sampling and testing. If no defects are found, the sampling and testing will be considered a Compensable Event.
Repairing defects	From the Completion Date until the end of the Defects Liability Period, the investor must notify the bidder of any defects in the project. The Defects Liability Period must be extended until the defects are corrected. Each time a defect in the project is reported, the bidder must repair the defect within the time specified in the notice from the investor.
Unrepaired defects	If the bidder does not repair the defects within the time specified by the investor in the defect notification, the investor may hire another party to correct the defects, determine the cost of rectifying the defects, and the bidder will be liable to reimburse this cost.
Incident Forecasting	The bidder must promptly forecast for the investor any upcoming events that may negatively affect project quality, increase contract price, or delay contract execution. The investor may request the bidder to forecast the impact of such events on the contract price and execution time. The bidder must cooperate with the investor to propose remedial measures.
	D. Cost Management
Contract Type	The type of contract is specified in E-CTC.
Contract Price and Price Schedule	34.1. The contract price is recorded in E-CTC. 34.2. For a lump-sum contract, the contract price schedule specified in the Appendix of Price Schedules is an integral part of this contract, including the work items and the corresponding amounts. The bidder must perform all work items to complete the project in accordance with the approved design, ensuring progress and quality as required by the contract package. The contract price includes all taxes, fees, charges (if any), and contingency costs. The contract price shall remain unchanged throughout the contract period for the scope of work, technical requirements, and provisions of the contract, except in the case of force majeure and changes in the scope of work that result in a change in the contract price. 34.3. For unit price contracts, fixed unit price, adjusted unit price, the contract price schedule specified in the Appendix of Price Schedules is an integral part of this contract, including the work items the bidder must perform and their corresponding amounts.
Advance Payment	35.1. The investor must provide the bidder with an advance payment as specified in E-CTC, after the bidder submits an Advance Payment Guarantee equivalent to the advance payment amount. The Advance Payment Guarantee must be issued by a bank or credit institution legally operating in Vietnam or an insurance guarantee certificate issued by a non-life insurance company in Vietnam or a foreign non-life insurance branch established under Vietnamese law and must remain valid until the advance payment is fully repaid. The value of the Advance Payment Guarantee or insurance guarantee certificate will gradually decrease as the bidder repays the advance. No interest is charged on the advance payment. 35.2. The bidder may only use the advance payment for paying workers' wages, purchasing or mobilizing equipment, workshops, materials, and other necessary mobilization costs for the contract execution. The bidder must demonstrate that the advance has been used for the correct purposes and parties by submitting copies of invoices or related documents to the investor. The bidder's Advance Payment Guarantee will be collected if the advance is used for purposes other than specified. 35.3. The advance must be repaid by deducting a certain percentage from the bidder's due payments, based on the percentage of completed work as a payment basis. The advance payment or its repayment will not be taken into account when valuing the work performed, contract changes, compensable events, contract bonuses, or liquidated damages.
Payment Documentation	36.1. Payment documentation for lump-sum contracts: a) Acceptance certificate of the completed volume during the payment period, confirmed by the representatives of the investor and the bidder; this certificate serves as confirmation of the completion of the project, project components, and work volumes in accordance with the contract scope, without the need for detailed volume verification; b) The bidder's payment request should include the following: the value of the completed volume under the contract, the value of additional work (if any), deduction of the advance payment, and the payment amount requested after these deductions, confirmed by the representatives of the investor and the bidder. 36.2. Payment documentation for fixed unit price contracts: a) Acceptance certificate of the completed volume during the payment period, confirmed by the bidder, the investor, and the supervising consultant (if applicable); b) Confirmation of the adjusted volume (increase or decrease) compared to the contract, confirmed by the bidder, the investor, and the supervising consultant (if applicable); c) Calculation of the payment amount based on the confirmed completed work volume and the unit price specified in the contract; d) The bidder's payment request, specifying the completed volume and value, the increased (decreased) value compared to the contract, the value of the advance, and the requested payment amount during the payment period. 36.3. Payment documentation for adjustable unit price contracts: a) Acceptance certificate of the completed volume during the payment period, confirmed by the bidder, the investor, and the supervising consultant (if applicable); b) Confirmation of the adjusted volume (increase or decrease) compared to the contract, confirmed by the bidder, the investor, and the supervising consultant (if applicable); c) Calculation of the payment amount based on the confirmed completed work volume and the unit price specified in the contract or the adjusted unit price according to the contract provisions; d) The bidder's payment request, specifying the completed volume and value, the increased (decreased) value compared to the contract, the value of the advance, and the requested payment amount during the payment period.
Payment	37.1. Payment shall be made in accordance with E-CTC. In case of delayed payment by the investor, the bidder will be entitled to interest on the late payment in the next payment period. The interest on delayed payment will be calculated from the due payment date as per the agreement or payment schedule until the actual payment date, and the applicable interest rate will be the prevailing rate for commercial loans in VND. 37.2. The payment currency is: VND.
Tax Adjustment	Tax adjustments shall be made in accordance with E-CTC.
Retention Money	39.1. In each payment to the bidder, the investor will retain a portion as specified in E-CTC until the entire project is completed. 39.2. The retention money will be refunded to the bidder at the end of the Defects Liability Period and upon the investor's confirmation that all defects notified to the bidder before the end of that period have been rectified. The bidder may replace the retention money with a bank guarantee or a guarantee from a credit institution legally operating in Vietnam.
Contract Modifications	40.1. The investor may require the bidder to modify or add the following items within the scope of the contract: a) Changes in quality and parameters of a specific work item; b) Design changes; c) Changes in milestones and contract execution timelines; d) Other cases specified in E-CTC 40.2. If the modifications or additions specified in Section 40.1 E-CTC affect the cost or time required for any contract terms, the contract price or the completion date shall be adjusted accordingly, and both parties shall amend the contract. The bidder's request for contract price or completion date adjustments must be made within 28 days from the date the bidder receives the investor's request for modifications or additions to the contract scope of work. 40.3. The investor and the bidder shall negotiate and finalize a contract amendment in case of modifications to the contract. 40.4. If the adjustment of the contract execution schedule does not extend the contract's duration, the investor and the bidder shall agree on and finalize the adjustment. If the adjustment extends the contract's duration, the investor and the bidder may only agree on the adjustment after obtaining the approval of the relevant authority. 40.5. In case the scope of work outlined in the contract changes and affects the contract price, both parties shall agree and reach a consensus on changes to the scope of work and contract price to form the basis for signing the contract amendment. 40.6. During the performance of the contract, the bidder may propose cost-saving solutions that include at least the following: a) The content of the solution, explaining the differences from the requirements of the signed contract; b) A comprehensive cost-benefit analysis of the solution, including a description and estimation of costs (including lifecycle costs) that may arise for the investor if the bidder's proposal is accepted; c) The impact of the solution on the effectiveness of contract execution; d) A description of the tasks to be performed. 40.7. The investor may accept the bidder's proposal if the proposal demonstrates one of the following benefits without affecting the required functionality of the project: a) Shortening the contract execution time; b) Reducing the contract price or lifecycle costs for the investor; c) Enhancing the quality, efficiency, or sustainability of the project; d) Any other benefits for the investor. If the bidder's proposal is accepted by the investor and results in a reduction in the contract price, the investor shall pay the bidder a proportion of the reduced contract value as specified in E-CTC. If the bidder's proposal is accepted by the investor and increases the contract price but reduces lifecycle costs due to the impact of the factors specified in items a, b, c, and d of this section, the investor shall pay the bidder for the increased contract value.
Compensation Events	The following events shall be considered Compensation Events: a) The investor fails to hand over part of the site on the Site Handover Date as stipulated in Section 18 E-CTC; b) The investor adjusts the schedule of other bidders, affecting the work of the bidder under this contract; c) The investor delays or fails to provide Drawings, Specifications, or necessary instructions to complete the work on time; d) The investor requires the bidder to perform additional tests, but no Defects are found; d) The investor does not approve the subbidder agreement without reasonable or legitimate grounds; e) The site conditions are significantly worse than anticipated before the Letter of Acceptance was issued, and this anticipation was reasonably based on information provided to bidders (including Site Investigation Reports), other available information, and site inspections; g) The investor requests the handling of unforeseen circumstances or necessary work to ensure the safety of the project or for other reasons; h) Other bidders and related authorities or the investor do not work on the days stipulated in the contract or do not work under the conditions specified in the contract, causing delays or additional costs for the bidder; i) Delays in advance payments; k) The bidder is affected by risks caused by the investor; l) The investor delays issuing the completion certificate without reasonable grounds. If a Compensation Event increases costs or hinders the completion of the work before the scheduled completion date, the contract price will be adjusted upwards, and the contract time will be extended. The investor must review and decide on the adjustment of the contract price and the extension of the contract period. After the bidder provides evidence of the impact of each Compensation Event on the bidder's cost estimates, the investor must review, evaluate, and adjust the contract price accordingly. If the bidder's estimate is unreasonable, the investor will adjust the contract price based on a reasonable estimate in accordance with the investor's regulations. The bidder may not be entitled to compensation if the investor's interests are severely affected due to the bidder's failure to give early warning or cooperate with the investor.
Penalties and Contract Bonuses	The bidder will be penalized according to the rate stipulated in E-CTC for each day the project is delayed beyond the scheduled or extended completion date. The total penalty will not exceed the amount specified in E-CTC. The investor may deduct the penalty from the bidder's due payments. Compensation for damages will be carried out in accordance with the provisions of E-CTC.. Contract bonuses will be carried out in accordance with the provisions of E-CTC.
Timesheet	43.1. In case Timesheet work arises, the Timesheet cost proposed by the Bidder in E-HSDT shall only be applied when the Investor has given prior written notice that the additional work will be paid according to the Timesheet. 43.2. All work paid according to the Timesheet must be recorded by the Bidder. 43.3. The Bidder will be paid Timesheet costs after the Investor approves the Timesheet cost declaration.
Repair Costs	Any damage or loss to the Work or Materials used for the Work from the Date of Commencement until the end of the Warranty Period shall be repaired and covered by the Bidder if such damage or loss is caused by the actions or negligence of the Bidder.
	E. Contract Completion
Acceptance	The Investor shall conduct the acceptance in accordance with the current construction laws. The acceptance minutes must be signed and confirmed by the Investor's representative, the Supervision Consultant, and the Bidder.
Completion	The Bidder must request the Investor to issue a Certificate of Work Completion, and the Investor will issue the Certificate after confirming that the Work has been completed.
Handover	The Investor must take over the site and the Work within the time stipulated in E-CTC after the Bidder has been issued the Acceptance Certificate.
As-built Drawings, Operation Instructions	48.1. The Bidder must complete and submit as-built drawings in accordance with the applicable law, and documents detailing the operational procedures for installed equipment (if any) on the date specified in E-CTC. 48.2. If the Bidder fails to submit the as-built drawings or operation instructions on the date specified in E-CTC or if these documents are not accepted by the Investor, the Investor will withhold the amount specified in E-CTC from the payment due to the Bidder.
Final Settlement	The Bidder must provide the Investor with a detailed account of the amount the Bidder is requesting for payment under the Contract before the end of the Warranty Period. The Investor must issue a Certificate of Completion of the Warranty Period and confirm the final settlement for the Bidder within 56 days from the date of receiving the correct and complete final account from the Bidder. If the Certificate of Completion of the Warranty Period and confirmation of the final settlement are not issued, the Investor must issue a written notice describing the points that need to be corrected or supplemented. If the final account submitted by the Bidder still does not meet the requirements, the Investor will determine the amount to be paid to the Bidder.
Termination of Contract	The Investor or the Bidder may terminate the Contract if the other party commits a fundamental breach of the Contract. Fundamental breaches of the Contract include, but are not limited to, the following cases: a) The Bidder suspends construction for 28 days while such suspension is not in the Construction Schedule and has not been approved by the Investor; b) The Investor requests the Bidder to delay the Project schedule and does not withdraw this instruction within 28 days from the date of issuing the written request for delay; c) The Investor or Bidder is declared bankrupt or forced into liquidation for restructuring or merger; d) The Bidder submits a payment request for completed work that has been inspected and accepted in accordance with the regulations, but the Investor does not pay within 28 days from the date the Bidder submitted the payment request; đ) The Bidder fails to correct errors affecting the progress and quality of the Work within the time required by the Investor; e) The Bidder fails to maintain the Advance Payment Guarantee, Performance Guarantee as required; g) The Bidder delays completion of the Work and the penalty amount equals the maximum total amount to be fined; h) There is evidence that the Bidder has violated one of the prohibited acts stipulated in Article 16 of the Law on Bidding during the bidding or Contract performance process. If the Bidder violates the Contract for a reason other than those listed in Section 50.2 E-CTC above, the Investor will decide whether it is a fundamental breach of the Contract. If the Contract is terminated, the Bidder must immediately stop work, keep the Site safe, and leave the Site as soon as possible.
Payment Upon Contract Termination	If the contract is terminated due to the Bidder’s fault as stipulated in Section 50 of the E-CTC, the Investor will prepare a record certifying the value of the work performed, materials purchased, minus the advance payment received by the Bidder. If the advance payment is greater than the value of the work performed and materials purchased, the Bidder is responsible for returning the difference to the Investor. Conversely, the Investor is responsible for paying the Bidder. If the contract is terminated due to the Investor’s fault as stipulated in Section 50 of the E-CTC or due to force majeure, the Investor will prepare a record certifying the value of the work performed, materials purchased, reasonable costs for the removal of machinery, equipment, repatriation of personnel hired for the project, and the Bidder’s costs for protecting the project, minus the advance payment received by the Bidder. The Investor is responsible for paying the Bidder this difference.
Property	All materials on site, factories, equipment, temporary works, and completed works will become the Investor’s property if the Contract is terminated due to the Bidder’s fault.
Termination Due to Force Majeure	If contract execution is stopped due to force majeure, the Investor must certify that the contract is terminated due to force majeure. The Bidder must ensure site safety and cease work as soon as possible after receiving the Investor’s certification; the Bidder will be paid for all work performed prior to the certification of contract termination due to force majeure.

Chapter VII. SPECIFIC CONTRACT CONDITIONS

Unless otherwise stipulated, the entire E-CTC must be completed by the Investor prior to the issuance of the E-Bidding Documents.

A. General Provisions
E-CTC 1.3	The Investor is: [insert the name, address, bank account number, tax code, phone, fax, email of the Investor and the authorized representative (if any)].
E-CTC 1.5	The Project includes [briefly summarize the name, location of the bidding package, including information on the relation to other bidding packages in the Project].
E-CTC 1.8	The Site location is at [enter the address of the site] and is identified in Drawing No. [enter number].
E-CTC 1.13	The completion date is: ___ [enter date]
E-CTC 1.14	The expected completion date for the entire Project is: ___ [enter date]. [If other completion dates are stipulated for the completion of different sections of the Project (“sectional completion” or milestone completion), list them all here].
E-CTC 1.15	The start date is: ___ [enter date].
E-CTC 1.16	The Bidder is: ___ [enter the name, address, bank account number, tax code, phone, fax, email of the Bidder].
E-CTC 1.26	The Supervisory Consultant is: [enter the name, address, phone, fax, email of the Supervisory Consultant].
E-CTC 2.1	Sectional completion: ___ [to be filled in by the Investor]
E-CTC 2.3 (i)	The following documents are also part of the Contract: [list the documents].
E-CTC 5.2	- Performance security value: ____% of the contract value [enter the specific value based on the scale and nature of the package, from 2% to 10% of the contract value]. - The validity period of the performance guarantee is: The performance guarantee is valid from the date of issuance until __ [based on the nature and requirements of the package, this period should be specified, for example: The performance guarantee must be valid until the project is accepted, handed over, and the Bidder moves on to the warranty obligation as stipulated].
E-CTC 5.4	Performance guarantee return period: [specify the return period of the performance guarantee based on the nature and requirements of the package. For example: The Investor must return the performance guarantee to the Bidder immediately or no later than ____ days from the date the project is accepted, handed over, and the Bidder has moved on to the warranty obligation as stipulated].
E-CTC 7.1	List of subbidders: [list subbidders in accordance with the list provided in the E-HSDT].
E-CTC 7.2	The value of the work performed by subbidders does not exceed: ____ of the contract value [Extracted as per Section 27.3 E-CDNT].
E-CTC 7.4	Specify other necessary requirements for subbidders [enter additional requirements for subbidders (if any)].
E-CTC 14	Insurance requirements: [based on the scale and nature of the package to specify insurance requirements, including construction insurance in accordance with construction law for both the Investor and the Bidder. For example, from the start date until the end of the project warranty period, the Bidder must purchase insurance for materials, machinery, equipment, construction service workshops, insurance for workers, third-party liability insurance for the Bidder's risks…].
E-CTC 15	Site information: [list information and data about the site].
E-CTC 18	Date of site access and usage: [enter location and date].
E-CTC 21.2	Mediation period: [specify the maximum number of days for mediation]. Dispute resolution: [provide specific timeframes and mechanisms for dispute resolution based on the scale and nature of the package. It should clearly state the timeline for submitting dispute resolution requests, the organization of the dispute resolution, the costs of the resolution process...].
B. Time Management
E-CTC 22	- Start date: [enter the intended start date]. - Expected completion date: [enter the expected completion date].
E-CTC 23.1	The Bidder must submit a detailed construction schedule to the Investor within [enter number of days] from the date of signing the Contract.
E-CTC 23.4	- Time for updating the detailed construction schedule: [enter the time for updating the detailed construction schedule]. - Amount withheld if the updated detailed construction schedule is submitted late: [enter amount].
E-CTC 24.3	Other cases: [specify other cases of contract extension (if any)].
C. Quality Management
E-CTC 27.2	Materials, machinery, equipment: [specify the names and types of materials, machinery, and equipment that the Bidder is required to provide samples, test results (if any)].
D. Cost Management
E-CTC 33	Contract type:___[enter contract type according to the approved bidder selection plan].
E-CTC 34.1	Contract value: ___ [enter “Fixed” for a lump-sum contract, a fixed unit price contract or “adjustable” for a contract with adjustable unit prices in accordance with the type of contract specified in Section 33 of the Specific Contract Terms or “based on outputs” for output-based contracts]. If the contract allows price adjustments, choose either the direct offset method or the adjustment method based on applying a price index formula. - The direct offset method is implemented in accordance with construction law. - The adjustment method based on applying a price index formula: The Contract price is adjusted according to the changes in input costs. The Contract price adjustment is calculated using the price adjustment formula below or another formula in compliance with the relevant construction laws: *P_c = A_c + (B_c x Imc/Ioc)* Where: + P_c is the adjustment factor for the portion of the Contract price payable in the specific currency “c”; + A_c and B_c are coefficients[8] as specified, where A_c is the coefficient of the non-adjustable portion and B_c is the coefficient of the adjustable portion of the contract price payable in the specific currency “c”; + Imc is the current input price index at the end of the month when the invoice is issued, and Ioc is the input price index 28 days prior to the bid opening; both are payable in the specific currency “c”. If the price index value changes after the calculation, the results will be adjusted and recorded in the next payment confirmation. The index value must account for all changes in costs due to price fluctuations. - In the case of an output-based contract: The Investor provides the following elements to determine the payment value based on the output results: + Requirements for output quality and the acceptable level of quality; + Methods for checking, evaluating, and determining the level of quality compliance of the services provided by the bidder (e.g., sample analysis); + Payment reduction or payment increase based on the payment period; + Other necessary content.
E-CTC 35.1	- Advance payment: [enter the amount of advance payment, documents for advance payment, advance payment methods... in compliance with relevant construction laws]. - Advance payment period:___day___month___year__ [specify the advance payment period].
E-CTC 37.1	Payment method:_____ [based on the nature and requirements of the package, specify the content in accordance with construction laws. Payments to the Bidder may be made by bank transfer... the number of payments could be multiple times during the implementation process or a one-time payment upon contract completion. The payment term may be specified as immediate payment or within a certain number of days after the Bidder submits all required documents. It is also necessary to specify the payment documents in compliance with legal regulations].
E-CTC 38	Tax adjustment: _____[enter “permitted” or “not permitted” for tax adjustment. If tax adjustment is permitted, state: “During the contract implementation, if at the time of payment the tax policy changes (increase or decrease) and the contract provides for tax adjustment, and the bidder submits documents clearly identifying the additional tax amount, the tax difference will be adjusted according to the provisions of the contract.”].
E-CTC 39.1	The retention amount from payment is:____ [enter percentage] [The retention amount is typically around 5% and does not exceed 10% in any case]
E-CTC 40.1 (d)	Contract modification cases: ____ [specify the cases where contract modification is allowed, in relation to the rights and obligations of the relevant parties, ensuring compliance with the law].
E-CTC 40.7	In cases where cost-saving solutions proposed by the Bidder are accepted by the Employer and lead to a reduction in the contract price, the Employer shall pay the Bidder ____ % [specify the percentage, usually not exceeding 50%] of the contract price reduction.
E-CTC 42.1	Penalty rate: [specify the penalty terms, rate, and maximum penalty value in accordance with construction laws].
E-CTC 42.2	Damage compensation: ___ [indicate “Applicable” or “Not applicable”. If applicable, the compensation amount should be determined based on the scale and nature of the package, following one of the two methods below: - Compensation for damages based on the actual total loss; - Compensation for damages based on a specified amount. In this case, clearly state the compensation amount and method, in accordance with civil laws].
E-CTC 42.3	Contract bonus: ___ [state whether "applicable" or "not applicable"]. If "applicable", specify the details of the contract bonus according to the law.
	E. Contract termination
E-CTC 47	Project handover date: [specify project handover date].
E-CTC 48.1	As-built drawings submission deadline: [specify as-built drawings submission deadline].
E-CTC 48.2	Retention amount: [specify retention amount].

Chapter VIII. CONTRACT TEMPLATES

This section includes templates that, once fully completed, will become part of the Contract. The performance guarantee template and advance payment guarantee template are to be filled in and completed by the awarded Bidder after the contract is awarded.

Template No. 13

LETTER OF ACCEPTANCE OF E-BID AND CONTRACT AWARD

____, day ____ month ____ year ____

To: [write the name and address of the winning bidder, hereinafter referred to as the “Bidder”]
Regarding: Notice of Acceptance of E-Bid and Contract Award

Pursuant to Decision No.___ dated___ month___ year___ of the Investor [write the name of the Investor, hereinafter referred to as the “Investor”] on the approval of the selection result of the bidder for the package [write the name and number of the package], the Tendering Party [write the name of the Tendering Party, hereinafter referred to as the “Tendering Party”] hereby informs the Bidder that the Investor has accepted the E-Bid and awarded the contract to the Bidder for the package [write the name and number of the package] with a contract price of ____ [write the awarded price in the approval decision of bidder selection] and a package implementation time of ____[write the implementation time for the package of ____ [write the implementation time]for the packageas mentioned in the decision approving the bidder selection results].
Please arrange for the legal representative of the Bidder to complete and sign the contract with the Investor as per the following schedule:

Contract finalization time: [write the contract finalization time], at the location [write the contract finalization location];
Contract signing time: [write the contract signing time]; at the location [write the contract signing location], attached with the Draft Contract.

The Bidder is required to provide a contract performance guarantee as per Form No. 15 in Chapter VIII of the E-Tender Document with an amount of ___ and a validity period of ___ [write the amount and validity period as prescribed in Section 5 Chapter VII of the E-Tender Document].
This document forms an integral part of the contract file. Upon receipt of this document, the Bidder must provide a written acceptance to complete, sign the contract, and fulfill the contract performance guarantee requirement as mentioned above, ensuring that the Bidder's current capacity still meets the requirements specified in the E-Tender Document. The Investor reserves the right to refuse to complete or sign the contract with the Bidder if the Bidder's current capacity is found insufficient to perform the package.
If by day___ month___ year___ [based on the scale and nature of the package, specify the final deadline for performing the contract performance guarantee, finalizing, and signing the contract, but no later than 28 days from the date of issuance of the notice of acceptance of the E-Bid and contract award] the Bidder fails to finalize, sign the contract, or refuses to finalize, sign the contract, or fails to provide the contract performance guarantee as required above, the Bidder will be disqualified and the bid security will not be refunded.

Legal representative of the Tendering Party
[write the name, title, sign, and stamp]

Attached document: Draft Contract.

Template No. 14

CONTRACT⁽¹⁾

____, day ____ month ____ year ____
Contract No: _________
Package: ____________ [write the name of the package]
Under project: _________ [write the name of the project]

Pursuant to the Civil Code No. 91/2015/QH11 dated 24/11/2015 of the National Assembly⁽²⁾;
Pursuant to the Law on Tendering No. 22/2023/QH15 dated 23/6/2023 of the National Assembly;
Pursuant to⁽²⁾ ____
Pursuant to Decision No. ____ dated ____ month ____ year ____ of ____ on the approval of the bidder selection results for the package ____ [write the name of the package] and the bid award notice No. ____ dated ____ month ____ year ____ of the Tendering Party;
Pursuant to document No.____ dated ____ month ____ year ____ of____ regarding the notice of acceptance of the E-Bid and contract award,
We, the representatives of the contract signatories, include:

The Investor (hereinafter referred to as Party A)
Name of Investor: [enter name of Investor]
Address:
Phone:
Fax:
E-mail:
Bank Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Authorization for signing contract No. ____ dated ____ month ____ year ____ (in case of authorization).
Bidder⁽³⁾ (hereinafter referred to as Party B)
Name of Bidder: [enter name of selected bidder]
Address:
Phone:
Fax:
E-mail:
Bank Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Authorization for signing contract No. ____ dated ____ month ____ year ____ (in case of authorization).
Both parties agree to enter into the construction contract with the following terms:
Article 1. Contract Object
Party A assigns Party B to carry out the construction and installation of the project according to the approved design.
Article 2. Contract Components
The components of the contract and their legal priority order are as follows:

1. The Contract;
2. Letter of E-HSDT acceptance and contract award;
3. E-HSDT of the Bidder;
4. Specific conditions of the Contract;
5. General conditions of the Contract, including appendices;
6. Technical specifications;
7. Drawings;
8. Description of the work requested in the Bid Price Summary;
9. Other accompanying documents (if any).

Article 3. Responsibilities of the Bidder
The Bidder commits to executing the project according to the design and also commits to fully fulfilling the obligations and responsibilities stated in the general and specific conditions of the contract.
Article 4. Responsibilities of the Investor
The Investor commits to paying the Bidder according to the contract price and payment method specified in Article 5 of this Contract, as well as fulfilling other obligations and responsibilities as stipulated in the general and specific conditions of the contract.
Article 5. Contract price and payment method
1. Contract price: ____________ [specify the value in numbers, words, and the contracted currency].
2. Payment method: Payment shall be made as per the specific conditions of the contract, as stipulated in Section 37.1 of the E-ĐKCT.
Article 6. Type of contract: __________
Article 7. Contract duration: _______________
[specify the contract duration in accordance with the E-HSMT, E-HSDT, and the completed contract between the two parties].
Article 8. The value of the work performed by subbidders (excluding the work for special subbidders, if any) shall not exceed: ____ [extracted according to Section 27.3 of the E-CDNT] of the contract price.
Article 9. Contract validity
1. The contract becomes effective from _____ [specify the effective date of the contract].
2. The contract terminates after both parties complete the contract settlement in accordance with the law.
The contract is made in ____ copies, the Investor keeps ____ copies, the Bidder keeps ____ copies, all of which have equal legal value.

LEGAL REPRESENTATIVE OF THE CONTRACTOR⁽⁴⁾
[insert name, title, sign and affix seal]

LEGAL REPRESENTATIVE OF THE INVESTOR
[insert name, title, sign and affix seal]

Note:
(1) Depending on the nature and requirements of the package, the contents of this contract template may be modified or supplemented accordingly.
(2) Update current documents related to the contract.
(3), (4) In the case of a partnership bidder, the contract must include information from all members of the joint venture. The legal representative of each partnershipmember must sign and affix a seal on the contract.

APPENDIX: CONTRACT PRICE TABLE

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

This appendix is established based on the requirements outlined in the E-HSMT, E-HSDT, and the agreements reached during the finalization of the contract, including the price (total amount) for each item and scope of work.
The price (total amount) for each item and scope of work includes taxes, fees, and charges (if any) based on the tax rate, fee, and charge levels applicable 28 days prior to the bid closing date as stipulated, and contingency costs.

CONTRACT PRICE TABLE
(applicable for lump-sum contracts)

No.	Description of work ⁽²⁾	Unit	Price by item ⁽³⁾
1	Item 1
2	Item 2
..
Total: [System-generated]

LEGAL REPRESENTATIVE OF THE CONTRACTOR
[insert name, title, sign and affix seal]

LEGAL REPRESENTATIVE OF THE INVESTOR
[insert name, title, sign and affix seal]

CONTRACT PRICE TABLE
(applicable for unit price contract)

No.	Description of work	Technical Requirements/ Specifications	Unit	Quantity	Unit Price	Total Amount
I	*Item 1:*
1
2
3
II	*Item 2:*
1
2
3
*III*	*Item…*
…	….
Contract Price (Transferred to Article 5 of the Contract)

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

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

Form No. 15

PERFORMANCE GUARANTEE

________, day ____ month ____ year ____

To: _______________[insert name of the Investor]
(hereinafter referred to as the Investor)

At the request of ____ [insert name of the Bidder] (hereinafter referred to as the Bidder) who has won the bidding package ____ [insert name of the package] and committed to sign a construction contract for the package (hereinafter referred to as the contract); ⁽¹⁾
According to the provisions in the E-HSMT (or the contract), the Bidder is required to provide the Investor with a bank guarantee for a specific amount of money to ensure its obligations and responsibilities in performing the contract;
We, ____ [insert name of the bank] in ____ [insert name of the country or territory] with registered office at ____ [insert address of the bank⁽²⁾] (hereinafter referred to as the “Bank”), hereby commit to guarantee the Bidder's performance of the contract with the amount of ____ [insert value in numbers, words, and currency as required in Section 5 E-SCC]. We unconditionally and irrevocably commit to pay the Investor any amount within the limit of ____ [insert guarantee amount] as stated above, upon receiving written notice from the Investor that the Bidder has breached the contract within the validity period of this performance guarantee.
This guarantee is valid from the issuance date until the end of day ____ month ____ year ____.⁽³⁾
Legal representative of the bank
[insert name, title, sign and stamp]
Note:
(1) If the guaranteeing bank requires a signed contract before issuing the guarantee, the Procuring Entity shall report to the Investor for consideration and decision. In this case, the above paragraph may be amended as follows:
“At the request of ____ [insert name of the Bidder] (hereinafter referred to as the Bidder) who has won the bidding package ____ [insert name of the package] and has signed contract No. [insert contract number] on ____ day ____ month ____ year ____ (hereinafter referred to as the Contract).”
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) Enter the appropriate expiration date as required in Section 5 E-SCC.

Form No. 16

ADVANCE PAYMENT GUARANTEE⁽¹⁾

________, day ____ month ____ year ____

I am ____[enter name, ID number or passport number, title of the legal representative of the bidder], the legal representative of ____[enter bidder name] with the address at ____[enter bidder address] hereby authorize ____[enter name, ID number or passport number, title of the authorized person] to perform the following tasks during the bidding process for the package ____[enter package name] of the project/procurement estimate____[enter project/procurement estimate] organized by ____[enter investor name] :
- Participate in contract finalization;
- Sign the contract with the investor if selected⁽²⁾.
The above-mentioned authorized person shall only perform tasks within the scope of authorization as the legal representative of ____[enter bidder name]. ____[enter name of the legal representative of the bidder] shall be fully responsible for the work performed by ____[enter authorized person’s name] within the scope of authorization.
The authorization letter is effective from ____ to ____⁽³⁾. This authorization letter is made into ____ copies, each having the same legal value, with ____ copies held by the authorizing party, ____ copies by the authorized person, and ____ copies by the procuring entity.

Authorized person
[enter name, title, sign, and stamp (if any)]

Authorizing person
[enter the legal representative of the bidder, title, sign, and stamp]

Note:
(1) In the case of authorization, the original authorization letter must be submitted to the procuring entity when participating in contract finalization and signing. The authorization of the legal representative of the bidder to deputies, subordinates, branch managers, or heads of the bidder’s representative office to act on behalf of the legal representative for one or more of the tasks mentioned above. The use of the seal in the case of authorization may be the bidder’s seal or the seal of the unit where the authorized individual is involved. The authorized person may not further delegate this authorization.
(2) The scope of authorization includes one or more of the tasks mentioned above.
(3) Enter the effective date and expiration date of the authorization letter in accordance with the contract finalization and signing process. The authorization letter must be effective before the authorized tasks are performed.

[1] Only evaluate this content for bidders as public service units.

[2] Bidders are non-public service units established in accordance with the law, and when participating in bidding, they must meet the conditions specified in Section 5 E-CDNT.

[3] For bidding packages applying competitive offers, depending on the size and nature of the package, the investor or the procuring entity may choose to establish evaluation criteria for capacity and experience accordingly. For simple packages, there may be no requirement for capacity and experience as specified in this section, but the bidder must commit to having sufficient capacity and experience to perform the package (the commitment is submitted along with the bid when the bidder submits E-HSDT); the bidder is not required to provide proof of capacity and experience for comparison if the E-HSMT does not require proof of capacity and experience.

[4] In the case of applying this method, delete subsection 3.2 Section 3 of this Chapter.

[5] In the case of applying this method, delete subsection 3.1 Section 3 of this Chapter.

[6] In case this method is applied, delete subsection 4.2 Section 4 of this Chapter.

[7] In case this method is applied, delete subsection 4.1 Section 4 of this Chapter.

[8] The sum of the two coefficients A_c and B_c must be 1 (one) in the formula used for each currency (typically, the coefficient A for the non-adjustable payment portion (fixed cost elements or other non-adjustable components) is 0.15). Generally, these two coefficients should be the same in the formula for all currencies. The total adjustment value for each currency will be added to the Contract Price.

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Model number 3A

10.1. The bid form is extracted by the System as prescribed in Section 11 E-CDNT;

10.2. The partnershipagreement is extracted by the System according to Form No. 03 in Chapter IV (for partnership bidders);

10.3. Bid security as prescribed in Section 18 E-CDNT;

10.4. Declaration of the bidder's capacity and experience as prescribed in Section 16 E-CDNT;

10.5. Technical proposal and documents as prescribed in Section 15 E-CDNT;

10.6. Financial proposal and fully completed tables as prescribed in Sections 11 and 13 E-CDNT;

10.8. Other contents as prescribed in E-BDL.

DANH SÁCH CÁC CÔNG TY CON, CÔNG TY THÀNH VIÊN

The bidder affected by the force majeure event must continue to fulfill its contractual obligations to the extent permitted by the actual circumstances and must take all reasonable measures to mitigate the consequences of the force majeure event.