Thông tư 80/2025/TT-BTC hướng dẫn mẫu hồ sơ yêu cầu, báo cáo đánh giá, báo cáo thẩm định, kiểm tra, báo cáo tình hình thực hiện hoạt động đấu thầu do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

PRESCRIBING FORMS OF REQUEST FOR PROPOSALS, EVALUATION REPORT, APPRAISAL AND INSPECTION REPORT, AND REPORT ON PERFORMANCE OF BIDDING ACTIVITIES

Pursuant to the Law on Bidding No. 22/2023/QH15, as amended by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15;

Pursuant to the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection;

Pursuant to the Government’s Decree No. 29/2025/ND-CP dated February 24, 2025 defining functions, tasks, powers and organizational structure of the Ministry of Finance of Vietnam, as amended by the Government's Decree No. 166/2025/ND-CP dated June 30, 2025;

At the request of the Director General of the Public Procurement Agency;

The Minister of Finance of Vietnam promulgates a Circular prescribing forms of request for proposals, evaluation report, appraisal and inspection report, and report on performance of bidding activities.

Article 1. Scope and regulated entities

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2. This Circular applies to authorities, organizations and individuals performing or involved in the activities specified in clause 1 of this Article.

Article 2. Use of Forms and Appendixes

1. Forms of the request for proposal (RFP) are used in common direct contracting procedures prescribed in Article 79 of the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025, including:

a) Form No. 1A used for preparing RFP for a construction package;

b) Form No. 1B used for preparing RFP for a procurement of goods package;

c) Form No. 1C used for preparing RFP for a non-consulting service package;

d) Form No. 1D used for preparing RFP for a consulting service package.

Regarding packages applying international direct contracting and packages applying direct procurement method, employers may make modifications to the RFP forms enclosed herewith provided that they are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

Regarding mixed packages (EPC, EP, EC, PC) applying direct contracting method, employers may make modifications to the forms of online bidding documents for EPC, EP, EC, PC packages enclosed with the Circular No. 79/2025/TT-BTC dated August 04, 2025 of the Minister of Finance of Vietnam providing guidelines for provision and publishing of information on contractor selection and forms of bidding documents on Vietnam National E-Procurement System (VNEPS) provided that they are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

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a) Form No. 2A used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, mixed packages, medical device hiring or purchasing packages applying offline limited bidding or competitive bidding under single-stage one-envelope procedure;

b) Form No. 2B used for preparing bid evaluation reports for non-consulting service packages, procurement of goods packages, construction packages, and mixed packages, medical device hiring or purchasing packages applying offline limited bidding or competitive bidding under single-stage two-envelope procedure;

c) Form No. 2C used for preparing bid evaluation reports for consulting service packages applying offline limited bidding or competitive bidding method.

Regarding reports for evaluation of bids for packages applying two-stage procedure, expressions of interest (EOI), prequalification applications or proposals, employers may make modifications to the evaluation report forms enclosed herewith provided that they are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

3. Forms of appraisal reports are used for both online and offline bidding, including:

a) Form No. 3A used for preparing reports on appraisal of bidding documents;

b) Form No. 3B used for preparing reports on appraisal of list of technically-responsive bidders for packages applying single-stage two-envelope procedure, and packages applying common online quotation procedure;

c) Form No. 3C used for preparing reports on appraisal of contractor selection results.

Regarding reports on appraisal of bidding documents for packages applying two-stage procedure, EOI request, prequalification document, RFPs; appraisal of results of evaluation of EOIs or prequalification applications; appraisal of list of technically-responsive bidders for packages applying two-stage procedure; appraisal of contractor selection results for packages applying two-stage procedure, packages applying online quotation, direct contracting or direct procurement method, employers may make modifications to the appraisal report forms enclosed herewith provided that they are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

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a) Form No. 4.1A used for preparing the plan for periodic inspection of bidding activities;

b) Form No. 4.1B used for preparing a detailed inspection plan;

c) Form No. 4.2 used for preparing the draft report on performance of contractor/investor selection tasks;

d) Form No. 4.3 used for preparing report on inspection of contractor/investor selection;

d) Form No. 4.4 used for preparing conclusion on inspection of contractor/investor selection;

e) Form No. 4.5 used for preparing reports on implementation of inspection conclusions.

5. Form No. 5 is used for preparing reports on performance of bidding activities.

6. Appendixes:

a) Appendix 1: Bid closing record;

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c) Appendix 2B: Record of opening of technical proposals (for packages applying single-stage two-envelope procedure);

d) Appendix 2C: Record of opening of financial proposals (for packages applying single-stage two-envelope procedure);

dd) Appendix 3: Inspection decision;

e) Appendix 4: Inspection notice;

g) Appendix 5: Record of announcement of inspection decision;

h) Appendix 6: Notice of termination of direct inspection;

i) Appendix 7: Form of commitment.

Regarding request for approval of list of technically-responsive bidders, decision on approval of list of technically-responsive bidders, contract negotiation record (if any), and decision on approval of contractor selection result for packages applying offline bidding procedure, employers may make modifications to the corresponding forms in Appendixes enclosed herewith the Circular No. 79/2025/TT-BTC, provided that they are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

7. In the case prescribed in point e clause 2 Article 78 of the Decree No. 214/2025/ND-CP, the direct contracting method applies to the construction packages under projects or procurement cost estimates of the same employer or another employer. A construction package is considered to have its scale and nature similar to a package which has been executed adopting competitive bidding or selective bidding method if:

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b) The value of the package in question does not exceed 200% of the contract value (including the contract value after modifications are made) of the construction package for which a contract has been signed, in case an independent bidder or consortium bidder is directly contracted; or the value of the package in question does not exceed 200% of the value of construction tasks of the construction package for which a contract has been signed undertaken by the consortium member under the signed contract, in case this consortium member is directly contracted.

An independent bidder or consortium bidder executing the construction package for which a contract has been signed is considered eligible for direct contracting as prescribed in point e clause 2 Article 78 of the Decree No. 214/2025/ND-CP when all finished construction tasks have been tested and accepted under terms and conditions of the signed contract. A consortium member executing the construction package for which a contract has been signed is considered eligible for direct contracting as prescribed in point e clause 2 Article 78 of the Decree No. 214/2025/ND-CP when all construction tasks undertaken and finished by that consortium member have been tested and accepted under terms and conditions of the signed contract.

8. If any modifications to the RFP form specified in clause 1 of this Article are deemed necessary, the entity in charge of formulating, appraising (if any) and approving the RFP must ensure that such modifications are appropriate to the requirements of the package, and are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP. Such modifications and reasons thereof must be clearly specified in the request for approval of RFP submitted to the employer. In any case, the employer must ensure that the selected bidder shall meet capacity and experience requirements, and have appropriate technical solutions for executing the package on the schedule and in a manner meeting quality requirement and other requirements set forth in the RFP.

Article 3. Authorities and organizations in charge of submitting reports on performance of bidding activities

1. The Ministry of Finance of Vietnam shall annually submit consolidated report on performance of bidding activities nationwide to the Prime Minister of Vietnam.

2. Ministries, ministerial agencies, Governmental agencies, other central-level authorities, provincial-level People's Committees, and other authorities and organizations that are the regulated entities in Article 2 of the Law on Bidding shall submit annual reports on performance of bidding activities in provinces, fields or sectors under their management on VNEPS or submit written reports to the Ministry of Finance of Vietnam if information confidential requirements are imposed.

3. Provincial-level Departments of Finance, and units tasked with managing bidding activities shall assist Ministries, ministerial agencies, Governmental agencies, other central-level authorities, provincial-level People's Committees, and other authorities and organizations in expediting and preparing annual consolidated reports on performance of bidding activities by employers and procuring entities in provinces, fields or sectors under their management.

4. Employers and procuring entities shall submit reports on performance of bidding activities to the agencies and units prescribed in clause 3 of this Article through VNEPS.

Article 4. Time limits for submitting reports on bidding activities

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2. Ministries, ministerial agencies, Governmental agencies, other central-level authorities, provincial-level People's Committees, and other organizations shall submit reports on VNEPS by February 01 of the year following the reporting period. If this deadline falls on a weekly day off or public holiday as defined in the Labour Code, it shall be extended to the next business day after the day off or the public holiday.

3. Employers and procuring entities shall submit annual reports on their performance of bidding activities by the deadlines set by provincial-level Departments of Finance or units tasked with managing bidding activities.

Article 5. Transition

1. Regarding decisions on inspection of bidding activities issued before the effective date of this Circular, the inspection shall be carried out according to such decisions and provisions of the Circular No. 23/2024/TT-BKHDT dated December 31, 2024 of the Minister of Planning and Investment of Vietnam prescribing forms of request for proposals, evaluation report, appraisal and inspection report, and report on performance of bidding activities.

2. If the deadline for submission of proposals, as defined in an issued RFP, falls before the effective date of this Circular, the contractor selection shall be carried out according to the issued RFP but signing of contract and management of performance of the signed contract shall comply with provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.

3. If the RFP for a package has been issued before the effective date of this Circular and the deadline for submission of proposals has not yet passed, the employer shall consider making decision adopting any of the following options:

a) Continue the contractor selection according to the issued RFP as prescribed in clause 2 of this Article; or

b) Make modifications to the issued RFP to organize the contractor selection according to provisions of this Circular.

4. From the effective date of this Circular, if the bidding documents for a package which is subject to the scope of application of the Circular No. 12/2022/TT-BKHDT, the Circular No. 15/2022/TT-BKHDT are yet to be prepared, or have been prepared and approved but not yet issued, and are found to have contents unconformable with or contrary to provisions of clause 3 and clause 4 Article 6 of this Circular, such bidding documents must be prepared, or modified, and approved in accordance with provisions of the Circular No. 12/2022/TT-BKHDT, the Circular No. 15/2022/TT-BKHDT, clause 3 and clause 4 Article 6 of this Circular. If the bidding documents for the package have been issued before the effective date of this Circular, the contractor selection shall continue to be carried out according to the issued bidding documents.

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1. This Circular comes into force from August 08, 2025.

2. The Circular No. 23/2024/TT-BKHDT shall cease to have effect from the effective date of this Circular.

3. Some contents of Section 5.3 Chapter III - Bid evaluation criteria of Form No. 02 enclosed with the Circular No. 12/2022/TT-BKHDT dated June 30, 2022 of the Minister of Planning and Investment of Vietnam, and Section 5.3 Chapter III - Bid evaluation criteria of Form No. 02 enclosed with the Circular No. 15/2022/TT-BKHDT dated June 30, 2022 of the Minister of Planning and Investment of Vietnam are amended as follows:

a) The phrase “Sử dụng thang điểm 100 hoặc 1.000” (Use a scale of 100 or 1.000 points”) is replaced with the phrase “Sử dụng thang điểm T” (“Use T-point scale”);

b) Step 5 is amended as follows:

 “Step 5. Determine the price score:

The price score is determined on the basis of the bid price after error correction and deviation adjustment, and subtraction of discounts (if any), excluding taxes, fees and charges. To be specific:

Price score_{under evaluation}= (G_lowest x T) / G_{under evaluation}

Where:

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- G_lowest: bid price that, after error correction and deviation adjustment, and subtraction of discounts (if any), is lowest among bidders that undergo financial evaluation;

- G_{under evaluation}: the bid price after error correction, deviation adjustment and subtraction of discounts (if any) of the financial proposal under evaluation.

- T: maximum technical score.”

4. The phrase “theo thang điểm 100 hoặc 1.000” ("using a scale of 100 or 1.000 points”) in Section 3 Chapter III - Bid evaluation criteria of Form No. 01 and Form No. 02 enclosed with the Circular No. 15/2022/TT-BKHDT is abrogated.

5. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance of Vietnam for consideration and guidance./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Duc Tam

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