General regulations of the website

General regulations of the website

General Principles

The website DauThau.Net is an e-commerce service provider established by Bidding Ecosystem Joint Stock Company (HSTDT.,JSC), operating on the principles of transparency, openness, and compliance with the law.

All activities on DauThau.Net must be transparent and open, ensuring the rights of both the Bid Solicitor and the Contractor. In all cases, the Bid Solicitor is wholly responsible to the customers for any issues related to the tender/bidding packages provided on DauThau.Net. Any disputes arising during the transaction process will be based on evidence and current legal regulations.

All members participating in bidding on DauThau.Net must understand their rights, obligations, and legal responsibilities, and commit to accurately implement the contents in the current Operating Regulation of the e-commerce service provider website DauThau.Net (hereinafter referred to as "Regulations").

Access address for the Bid Solicitor: DauThau.Net
Access address for the Contractor: DauThau.Net

General Regulations

The e-commerce trading platform DauThau.Net is established and developed by Bidding Ecosystem Joint Stock Company (HSTDT.,JSC), providing e-commerce trading platform services for traders, organizations, and individuals to conduct part or all of the goods and services trading process on it.

On the E-commerce Trading Platform DauThau.Net, terms are understood as follows:

1. Bid Security is the act of the contractor, investor in depositing, placing a deposit, or submitting a guarantee letter from a credit institution or a foreign bank branch established according to Vietnamese law to ensure the tendering responsibility of the contractor, investor during a specified period as requested by the tender documents, request documents.
2. Contract Performance Security is the act of the contractor, investor in depositing, placing a deposit, or submitting a guarantee letter from a credit institution or a foreign bank branch established according to Vietnamese law to ensure the contract performance responsibility of the contractor, investor.
3. The Bid Solicitor is the agency, organization with expertise and capacity to perform bidding activities, including:
a) Investor or organization decided or selected by the investor;
b) Direct budgetary unit;
c) Central procurement unit;
d) Competent state agency or organization under the state agency selected.
e) Business, household business, private organization legally operating under Vietnamese law.
4. Investor is an organization owning capital or an organization representing the capital owner, organization borrowing capital directly managing the implementation process of the project.
5. Competent State Agency is the agency signing contracts with investors.
6. Shortlist is a list of contractors, investors winning pre-qualification in case of open bidding with pre-qualification; a list of contractors invited to bid in case of limited bidding; a list of contractors with interest documents meeting the requirements of the interest documents.
7. Consulting Services are one or some activities including: planning, evaluating planning reports, master plans, architecture; survey, preparing pre-feasibility study reports, feasibility study reports, environmental impact assessment reports; surveying, preparing designs, estimates; preparing interest documents, pre-qualification documents, tender documents, request documents; evaluating interest documents, pre-qualification documents, bid documents, proposal documents; verification, appraisal; supervision; project management; arranging finance; auditing, training, technology transfer; other consulting services.
8. Non-Consulting Services are one or some activities including: logistics, insurance, advertising, installation not under the definition at point 45, acceptance testing, training organization, maintenance, map drawing and other activities not consulting services according to the definition at point 8.
9. Investment Development Project (hereinafter collectively referred to as a project) includes: program, new construction investment project; renovation, upgrade, expansion project of previously invested construction projects; procurement of assets, including equipment, machinery not requiring installation; repair, upgrade project of assets, equipment; planning project, research theme; science research, technology development, technology application, technical support, basic survey; other investment development programs, projects, schemes.
10. Bidding is the process of selecting contractors to sign and perform contracts for providing services or procurement based on ensuring competition, fairness, transparency, and economic efficiency.
11. Online Bidding is bidding conducted through the use of any bidding platform on the internet.
12. International Bidding is bidding in which domestic and foreign contractors, investors are allowed to participate.
13. Domestic Bidding is bidding in which only domestic contractors, investors are allowed to participate.
14. Tender Package Price/Value is the value of the tender package approved in the contractor selection plan.
15. Bid Price is the price written by the contractor in the bid submission, including all costs to perform the tender package as requested by the tender documents, request documents.
16. Evaluated Price is the bid price after being corrected, adjusted according to the requirements of the tender documents, subtracting the discount price (if any), adding the factors to convert on the same basis for the whole lifecycle of goods, works. The evaluated price is used to rank bid documents for procurement of goods, construction and mixed packages applying the form of open bidding or limited bidding.
17. Proposed Winning Price is the bid price of the contractor proposed to win the bid after being corrected, adjusted according to the requirements of the tender documents, request documents, subtracting the discount price (if any).
18. Winning Price is the price written in the decision approving the contractor selection result.
19. Contract Price is the value written in the contract document as the basis for advance payment, payment, contract liquidation, and settlement.
20. Tender/Bidding Package is a part or the whole project, procurement estimate; tender package can include similar procurement contents of many projects or procurement volume at once, procurement volume for a period for regular procurement, centralized procurement.
21. Mixed Tender Package is a tender package including design and goods supply (EP); design and construction (EC); goods supply and construction (PC); design, goods supply, and construction (EPC); project establishment, design, goods supply, and construction (turnkey).
22. Small-Scale Tender Package is a tender package with tender package price within the limit prescribed by the Government.
23. Goods include machinery, equipment, raw materials, fuels, materials, supplies, spare parts; consumer goods; drugs, medical supplies for health facilities.
24. Interest Documents, Pre-Qualification Documents are the whole set of documents including requirements on the capacity and experience of contractors, investors as the basis for the Bid Solicitor to select the list of contractors, investors winning pre-qualification, a list of contractors with interest documents evaluated to meet the requirements of the interest documents.
25. Interest Documents, Pre-Qualification Documents are the whole set of documents prepared and submitted by contractors, investors to the Bid Solicitor as required by the interest documents, pre-qualification documents.
26. Tender Documents are the whole set of documents used for forms of open bidding, limited bidding, including requirements for a project, tender package as the basis for contractors, investors to prepare bid documents and for the Bid Solicitor to organize evaluation of bid documents in order to select contractors, investors.
27. Request Documents are the whole set of documents used for forms of direct procurement, shopping, competitive offers, including requirements for a project, tender package as the basis for contractors, investors to prepare proposal documents and for the Bid Solicitor to organize evaluation of proposal documents in order to select contractors, investors.
28. Bid Documents, Proposal Documents are the whole set of documents prepared and submitted by contractors, investors to the Bid Solicitor as required by the tender documents, request documents.
29. Contract is a document agreement between the investor and the contractor selected in performing the tender package of the project; between the Bid Solicitor and the contractor selected in the bidding.
30. Complaint is the request of the contractor, investor participating in bidding to reconsider the contractor selection result, investor selection result and related issues in the contractor selection, investor selection process when seeing their rights and interests affected.
31. Competent Person is the person deciding to approve the project or the person deciding to purchase as prescribed by law. In case of selecting investors, the competent person is the head of the competent state agency as prescribed by law.
32. Main Contractor is the contractor responsible for participating in bidding, named in the bidding and directly signing, executing the contract if selected. The main contractor can be an independent contractor or a member of a consortium.
33. Subcontractor is a contractor participating in the tender package under a contract signed with the main contractor. A special subcontractor is a subcontractor performing important works of the tender package proposed by the main contractor in the bid documents, proposal documents based on the requirements in the tender documents, request documents.
34. Foreign Contractor is an organization established under foreign law or a foreign national individual participating in bidding in Vietnam.
35. Domestic Contractor is an organization established under Vietnamese law or a Vietnamese national individual participating in bidding.
36. Public Products, Services are essential products, services for the socio-economic life of the country, the community or ensuring national defense, security that the State must organize implementation in the fields: health, education - training, culture, information, communication, science - technology, natural resources - environment, transport - communication and other fields as prescribed by the Government. Public products, services include public utility products, services and public service products, services.
37. Appraisal in the Contractor Selection, Investor Selection Process is the inspection, evaluation of contractor selection plan, investor selection plan, interest documents, pre-qualification documents, tender documents, request documents and results of interest, results of pre-qualification, results of contractor selection, investor selection to serve as the basis for consideration, decision approval as prescribed by this Law.
38. Bid Closing Time is the deadline for receiving interest documents, pre-qualification documents, bid documents, proposal documents.
39. Validity Time of Bid Documents, Proposal Documents is the number of days prescribed in the tender documents, request documents and is calculated from the bid closing time to the last valid day as prescribed in the tender documents, request documents. From the bid closing time to the end of 24 hours of the bid closing day is counted as 01 day.
40. Expert Group/Team includes individuals with capacity, experience established by the Bid Solicitor or the bidding consultancy unit to evaluate interest documents, pre-qualification documents, bid documents, proposal documents and perform other tasks in the contractor selection, investor selection process.
41. State Capital includes state budget capital; national bonds, government bonds, local government bonds; official development assistance capital, preferential loan capital from sponsors; capital from career development funds; State's investment and development credit capital; credit guaranteed by the Government; capital loans secured by state assets; investment development capital of state-owned enterprises; land use right value.
42. Construction includes works in the construction and installation process of the construction, construction component.

The headings and annotations of these Regulations are included for reference convenience only and do not define, limit, interpret, or describe in any way, the scope and extent of any term in these Regulations.

In case, any regulation of these Regulations is deemed invalid or unenforceable, that regulation will be eliminated, not applied but the remaining regulations will still be enforced.

Transaction Process

1. Process for buyers/service users: Contractor

  • Step 1: Individuals and organizations access the website DauThau.Net, on the home page select Members menu and select Register. Contractors register for membership by completing the following information:
tiếng anh
  • Step 2: DauThau.Net administration team receives the individual, organization information and activates the member account, then sends the login account notification to the member via the registered email address.
  • Step 3: Members log in and access the Members menu -> Select Manage business profile to create business profile information. Only when the business profile information is completed can the member use it. can use the features of DauThau.Net.
quản lý hồ sơ doanh nghiệp tiếng anh
  • Step 4: Create the business profile by filling in the complete information of the business according to the template.
tạo mới hồ sơ doanh nghiệp tiếng anh
 
  • Step 5: From Contractors menu -> Select Search filters managenment to search for bidding projects:
quản lý bộ lọc tìm kiếm tiếng anh
quản lý bộ lọc tiếng anh
  • Step 6: From Contractor menu -> Select Request for clarification of bidding documents to clarify the remaining content in the bidding documents:
yêu cầu làm rõ HSMT tiếng anh
  • Step 7: from Contractor menu -> Select Response to request for clarification of bid documents to respond to requests for clarification of bid documents:
trả lời yêu cầu làm rõ HSDT tiếng anh
  • Step 8: Select Member menu -> Select VIP packages -> Select List of subscribed plans to renew the service of posting bidding information with DauThau.Net.
gia hạn gói VIP tiếng anh
 

2. Process for Partners (Sellers, Suppliers...): the Bid Solicitor

Follow steps 1, 2, 3, and 4 as instructed for Contractors in section 1, then proceed as follows:
  • Step 1: Select the Bid Solicitor menu -> Choose Projects's Posting and Management and complete all the project information that the Bid Solicitor needs to find a qualified Contractor, then publicly post the information on DauThau.Net.
quản lý dự án tiếng anh
quản lý dự án tiếng anh 1
  • Step 2: Select Bid Solicitor menu -> Choose Contractor Selection Plans's Posting and Management -> Click Add Plan.
  • quản lý KHLCNT tiếng anh
 
thông tin form KHLCNT tiếng anh
  • Step 3: Select Bid Solicitor menu -> Choose Tender Notices's Posting and Management to manage tender notices, by posting all the following information:
quản lý tin mời thầu tiếng anh
  • Step 4: Select to extend the service for posting tender notices with DauThau.Net, perform similarly as step 8 in section 1.
3. Delivery and Shipping Process;

The service on DauThau.Net is to assist The Bid Solicitor in searching for Contractors to implement the project by evaluating the criteria set by The Bid Solicitor to effectively implement the project. Therefore, there is no delivery and shipping method as usual goods.

4. Order Confirmation/Cancellation Process;
DauThau.Net does not have the function of confirming/cancelling orders

5. Product Return and Refund Process
DauThau.Net does not have an online ordering function.

6. Product Warranty/Maintenance Process;
DauThau.Net is a platform for The Bid Solicitor and Contractor to participate in bidding, there is no warranty/ maintenance process for products.

7. Dispute Resolution and Complaint Process;
Any disputes or complaints related to the transactions on the E-commerce Trading Platform DauThau.Net between The Bid Solicitor and Contractor shall be resolved by both parties themselves.
  • On DauThau.Net side, the system will have a mechanism to report false advertising. If either party: The Bid Solicitor, Contractor is determined to have violated, the Company has the right to handle according to the Regulations of DauThau.net.
  • Any disputes arising between the E-commerce Trading Platform DauThau.Net and members will be resolved on the basis of negotiation. If an agreement cannot be reached as desired, either party has the right to bring the case to the competent People's Court for resolution.
8. Specific Dispute Resolution and Complaint Process:
  • When disputes or complaints arise, firstly, the affected party will contact the other party to complain, discuss, and find self-resolution methods based on negotiation, conciliation.
  • The Bid Solicitor is responsible for receiving complaints and supporting the Contractor related to transactions at the E-commerce Trading Platform DauThau.Net.
  • When a dispute arises, DauThau.Net suggests negotiation and conciliation between the parties to maintain the trust of members in the quality of service of the Website and implements the following steps:
    • Step 1: Members send complaints via email: contact@dauthau.asia
    • Step 2: The Customer Care Department of the Website will receive members' complaints, depending on the nature and level of the complaint, the Website will have specific measures to support members to resolve the dispute.
    • Step 3: In cases beyond the capability and authority of the Website, the administration will require the member to bring the case to the competent state authority for resolution according to the law. 

Payment Process

1. Payment between The Bid Solicitor – Contractor

The payment between The Bid Solicitor – Contractor is conducted directly with each other without going through DauThau.Net. DauThau.Net only has the responsibility of connecting transactions between the buyer and the seller through bidding or competitive offering methods. After being connected, the buyer and the seller will sign a contract with each other outside the online environment, without the intervention of DauThau.net.

2. Payment between The Bid Solicitor, Contractor and the Management Board of DauThau.Net Website
Members on DauThau.Net can choose the following Gateways/ payment channels:
  • Online transactions 24/7 through VNPAY payment gateway: VNPAY supports depositing, payment 24/24h including holidays, Tet... Transactions will be processed automatically and services will be activated immediately upon completion of deposit/payment. This payment channel should be prioritized for automatic processing 24/7.
  • ATM/ Bank Transfer Transactions: Contractors can use methods like ATM transfers, online transfers through the bank's website or depositing money at the bank to pay for orders on DauThau.Net.
  • Cash payment:
    • Reception location: Bidding Ecosystem Joint Stock Company (HSTDT.,JSC)
    • Head office address: 6th floor, Song Da building, No. 131 Tran Phu Street, Van Quan Ward, Ha Dong District, Hanoi City
    • Phone number: 0904.634.288 - 024.8888.4288
The Contractor meets the accounting department, requests to pay service fees/deposit for the account on DauThau.Net then reads the account name for the accounting staff to check and confirm the transaction. Services will be activated as soon as the accountant confirms the contractor has completed the payment of the order.

Ensuring Transaction Safety

  • To ensure transparency, the Website Management Board will check the personal information of users and tender package information. At the same time, it requires members participating in the DauThau.Net e-commerce website to perform steps of guidance on registration/login. In case of system errors, members are advised to directly contact the Management Board for timely handling and remedy.
  • The card payment system on DauThau.Net is provided by partners who are licensed to operate legally as payment intermediaries in Vietnam. Accordingly, DauThau.Net's card payment security standards ensure compliance with the security standards of the partners who are payment intermediaries.
  • Transaction information will be securely protected according to the SSL internet data security standard.
  • Furthermore, DauThau.Net uses other software and algorithms to ensure the safety of customer payment information.


Dispute Resolution and Complaint Process

All disputes and complaints related to transactions on the E-commerce Trading Platform DauThau.Net between The Bid Solicitor and Contractor shall be resolved by both parties themselves.

On DauThau.Net's side, the system will have a mechanism to report false advertising. If it is determined that either The Bid Solicitor or Contractor has violated, the Company has the right to handle according to the Regulations of DauThau.Net.

All disputes arising between the E-commerce Trading Platform DauThau.Net and members will be resolved on the basis of negotiation. If an agreement cannot be reached as desired, either party has the right to bring the case to the competent People's Court for resolution.

Here is the specific Dispute Resolution and Complaint Process:

When disputes or complaints arise, firstly, the affected party will contact the other party to complain, discuss, and find self-resolution methods based on negotiation and conciliation.
  • The Bid Solicitor is responsible for receiving complaints and supporting the Contractor related to transactions at the E-commerce Trading Platform DauThau.Net.
  • When a dispute arises, DauThau.Net suggests negotiation and conciliation between the parties to maintain the trust of members in the quality of service of the Website and implements the following steps:
    • Step 1: Members send complaints via email: contact@dauthau.asia
    • Step 2: The Customer Care Department of the Website will receive members' complaints, depending on the nature and level of the complaint, the Website will have specific measures to support members to resolve the dispute.
    • Step 3: In cases beyond the capability and authority of the Website, the administration will require the member to bring the case to the competent state authority for resolution according to the law. 

Information Management on DauThau.Net Website

For Members:

Members are responsible for securing and maintaining all service usage activities under their registered name and password. Members have the responsibility to promptly inform the E-commerce Trading Platform DauThau.Net about any unauthorized use, abuse, security violation, storage of third-party registration names and passwords for appropriate resolution measures.

Members shall not use the services of the E-commerce Trading Platform DauThau.Net for illegal, unreasonable, fraudulent, threatening, illegal information exploration, sabotage, creating and spreading viruses causing damage to the system, configuration, transmission of information of the E-commerce Trading Platform DauThau.Net or use its service for the purpose of speculation, market manipulation creating fake orders, offers, even serving market demand forecasting. In case of violation, the member shall be responsible for their actions before the law.

Members are not allowed to change, edit, attach, copy, distribute, provide and create similar tools of the services provided by the E-commerce Trading Platform DauThau.Net to a third party without the consent of the E-commerce Trading Platform DauThau.Net.

Members shall not act in any way to damage the reputation of the E-commerce Trading Platform DauThau.Net such as disrupting the unity among members by using a second registration name, through a third party or propagating, disseminating information harmful to the reputation of the E-commerce Trading Platform DauThau.Net.
Transaction Information Management on the E-commerce Trading Platform DauThau.Net

Members of the E-commerce Trading Platform DauThau.Net commit to fully comply with the current laws of Vietnam regarding transactions on the E-commerce Trading Platform DauThau.Net. In this regard, note the following contents:

List of products restricted from trading at DauThau.net:
  • Hunting guns and ammunition, sports weapons, support tools;
  • Cigarettes, cigars and other finished tobacco products;
  • All kinds of alcohol;
  • Rare wild plants and animals, including both living and processed parts;
  • Other goods restricted from trading as prescribed by law.
  • And in case the legal regulations change, it will apply according to that change.
Products subject to conditional trading as prescribed by current law: in case The Bid Solicitor has projects belonging to the list of goods, services subject to conditional business as prescribed by law, they must provide a certificate of eligibility for business of those goods and services.

Project Information Management on DauThau.Net, Prohibited Acts in Posting Information on DauThau.Net
  • Information lacking aesthetics, contrary to historical traditions, culture, ethics, Vietnamese customs.
  • Information insulting the reputation, honor, and dignity of organizations and individuals.
  • Information using images, words, writings of individuals without their consent, except as permitted by law.
  • Incorrect information or causing confusion about the business ability, ability to supply products, goods, services of organizations, individuals trading in products, goods, services; about quantity, quality, price, use, design, packaging, brand, origin, category, service method, warranty period of registered or published products, goods, services.
  • Information using direct comparison methods about price, quality, usage effectiveness of one's products, goods, services with price, quality, usage effectiveness of similar products, goods, services of other organizations and individuals.
  • Information with unhealthy competitive content as prescribed by the law on Advertising violating intellectual property law.
  • Other acts violating the law on advertising.
  • And in case the legal regulations change, it will apply according to that change.
Mechanism for Review and Control of Product Information by the Management Board of the E-commerce Trading Platform DauThau.Net for Information Posted on the Website:

The Bid Solicitor/ Contractor submits information about the legal entity wanting to become a member on DauThau.Net. Only after being granted an account in the trading booth can The Bid Solicitor/ Contractor post their project information. DauThau.Net has the full right to remove information of The Bid Solicitor/ Contractor if the information violates the law, operating regulation, policies, rules of the platform and applies penalties, compensation requirements stated in the policies, rules of the platform and legal regulations. Information not matching the prescribed categories will be deleted or DauThau.Net may transfer to another category deemed appropriate. DauThau.Net reserves the right to decide whether to retain or remove information already posted on this website without prior notice.
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