Any contractor must submit audited financial statements

The submission of audited financial statements only applies to subjects subject to audit as prescribed in Article 15 of Decree No. 17/2012/ND-CP.

Mr. Le Xuan Hung's company (HCMC) is preparing to bid for the goods procurement and installation package, regarding the requirements "Financial performance results" and "Average annual revenue from production and business activities." Business" documents need to be submitted according to Form No. 09. In Form No. 09, the company has a request "Financial reports are audited according to regulations".

Mr. Hung requested to be answered, the company is a limited liability company that is not required to perform an audit according to the provisions of Article 37 of the Law on Independent Auditing 67/2011/QH12 and Decree No. 17/2012. /ND-CP, so, must the company's bid documents include audited financial statements?

In case there is already an audited financial statement, in the bidding dossier, is the company only submitting this audit report considered to meet the requirements? If the requirements are not met, in addition to this audit report, what documents must the company attach when bidding?

Regarding this issue, the Ministry of Planning and Investment has the following opinion:

According to the instructions in Section 2.1 Chapter III and Form No. 14 Chapter IV of the Model Bidding Documents for procurement of goods, apply the one-stage, one-envelope method (Form No. 01) issued with Circular No. 05/2015 /TT-BKHDT dated June 16, 2015 of the Ministry of Planning and Investment, to evaluate the financial capacity of the contractor, the contractor must submit a financial report to provide information to prove the financial situation according to regulations. specified in the bidding documents.

The submission of audited financial statements only applies to subjects subject to audit as prescribed in Article 15 of Decree No. 17/2012/ND-CP dated March 13, 2012.

Accordingly, in case an enterprise is subject to audit according to the provisions of Decree No. 17/2012/ND-CP, it must attach the audited financial statements in the bidding documents.

In case the enterprise is not subject to audit according to the provisions of Decree No. 17/2012/ND-CP, it is not required to attach the audited financial statements in the bidding documents.

However, in the bid, the contractor must submit a certified copy of one of the following documents:

– Minutes of tax finalization inspection;

– Tax self-finalization declaration (value added tax and corporate income tax) with confirmation from the tax authority about the time the declaration was submitted;

– Documents proving that the contractor has declared electronic tax finalization;

– Written confirmation from the tax administration agency (confirming the annual payment) on the fulfillment of tax payment obligations.