THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET
NAM
Independence
- Freedom - Happiness
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No:
121/2000/TT-BTC
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Hanoi,
December 29, 2000
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CIRCULAR
GUIDING THE IMPLEMENTATION OF BIDDING FOR PROCUREMENT OF
UTENSILS, MATERIALS, EQUIPMENT AND WORKING FACILITIES FOR STATE AGENCIES, ARMED
FORCES, MASS ORGANIZATIONS AND STATE ENTERPRISES USING CAPITAL FROM THE STATE
BUDGET SOURCES
Pursuant to the Government’s Decree No. 88/1999/ND-CP
of September 1, 1999 promulgating the Bidding Regulation; Decree No.
14/2000/ND-CP of May 5, 2000 on the amendments and supplements to a number of
Articles of the Bidding Regulation issued together with the Government’s Decree
No. 88/1999/ND-CP of September 1, 1999;
In order to enhance the management, and the economical and efficient use of
State budget capital, the Ministry of Finance hereby guides the implementation
of bidding for the procurement of utensils, materials, equipment, and working
facilities, applicable to State agencies, armed forces, mass organizations and
State enterprises, as follows:
I. GENERAL PROVISIONS:
1. Subjects of
application: State agencies, mass organizations, armed forces and State
enterprises (hereafter referred to as agencies and units for short) using State
budget capital and capital originating from the State budget (called
collectively the State budget sources), when procuring goods of types
prescribed at Point 2 below, with the unit price or total value of VND100 (one
hundred) million dong or more for each procurement (one biding package) of
goods of the same type, or in complete set, shall have to conduct such
procurement according to the provisions in this guiding Circular.
For the procurement of goods valued at under
VND100 million, the heads of agencies and units under the central government
shall decide and select the proper and efficient procurement forms (the form of
direct procurement or bidder appointment may apply, without having to meet the
meeting conditions stated at Points 2 and 3, Section III of this Circular) and
be responsible for their decisions. For locally-run agencies and units, the
procurement shall comply with the regulations of the provincial/municipal
People’s Committees or the authorized bodies. Agencies and units are encouraged
to apply the provisions of this Circular.
2. Scope of procurement:
- Stationery, wood and clothing for use in
hospitals, costumes and uniforms of aviation branch, which are not commodities
of special types;
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- Machinery and equipment in complete sets or
single items, fire prevention and fighting equipment; computers, photocopiers,
fax machines, informatic application programs (including installation, test-run
and warranty) and other office facilities;
- Means of transport such as: cars, trucks,
boats, motorcycles, bicycles,
- Activities of printing and distribution of
publications, cultural products, books, newspapers, documents, movies, etc in
service of the work of propaganda, information, communication and education;
- Industrial property rights and technological
copyrights;
- Other properties in service of professional
operation;
- The armed forces’ ordinary working devices and
means of the above-mentioned types.
All the above-mentioned utensils, supplies,
equipment, devices, and working facilities shall be called goods for short.
3. This Circular shall not
apply in the following cases:
- Repair, renovation and expansion of offices
and workshops;
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- Procurement of peculiar equipment, supplies,
means, raw materials and fuels used exclusively for national defense and
security purposes.
4. Methods for selecting
bidders: including bidding and non-bidding procurement forms. On the
basis of the goods procurement plans already approved by competent authorities,
the heads of agencies and units shall have to allocate funding and apply appropriate
forms of selecting bidders under the detailed provisions in Sections II and III
below. The fractionation of bidding packages for conducting the procurement in
non-bidding form is strictly prohibited.
II. PROVISIONS ON THE
IMPLEMENTATION OF BIDDING:
For bidding packages for the procurement of
goods of the same types or in complete set, valued at VND200 million or more,
if they fail to meet one of the conditions set for the implementation of
procurement in forms of direct procurement and bidder appointment as specified
at Points 2 and 3, Section III of this Circular, bidding must be organized to
the select goods-supplying bidders according to the following regulations:
1. Biding forms:
1.1. Unrestricted bidding:
Unrestricted bidding is the main form applied to
bidding for goods procurement. The minimum number of bidders is 5 capable
bidders. In cases where there are not enough bidders as required, the bid
solicitors shall have to report such to competent persons or competent levels
for decision.
1.2. Restricted bidding: is the bidding form in
which the bid solicitors invite a number of capable bidders (at least 3) to
participate therein. The list of participating bidders must be approved by
competent persons or the competent levels. This form shall be considered for
application only when one of following conditions is met:
- Only a number of bidders meet the requirements
of the bidding package;
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- Restricted bidding is advantageous due to
specific situation of the bidding package.
2. Conditions for the
implementation of bidding for goods procurement: Agencies and units
using State budget sources shall be allowed to organize bidding for goods
procurement only when the following conditions are fully met:
- Having their plans on goods procurements
(including plans on State budget allocation for goods procurement) approved by
the competent level.
- The bidding dossiers have been approved by
competent persons or competent levels.
3. Conditions for
participating in the bidding: Bidders participating in bidding shall
have to ensure the following conditions:
- Having the business registration certificates
granted by competent authorities, with the business lines compatible to the
goods lines opened for bidding. For bidding for procurement of complicated
goods as prescribed in bidding dossiers, apart from business registration
certificates, permits for the sale of goods under the producers’ licenses are
also required.
For scientific research institutions, when
participating in bidding for provision of goods in form of informatic
application programs, etc, if they do not have business registration certificates,
their functions and tasks inscribed in their establishment decisions must be
compatible with the contents and requirements of the bidding packages.
- Having full technical and professional
capabilities; being capable of goods supply and warranty (for goods which
require warranty), and having financial capability to meet the requirements of
bidding packages;
- Bids must strictly comply with the provisions
in biding dossiers.
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- The bid solicitors shall not be allowed to
participate as bidders in the bidding packages organized by themselves.
- The consultants shall not be allowed to
participate in the goods procurement bidding packages for which they act as
consultants.
4. Expenses for organization
of bidding:
The bid solicitors may sell the bidding dossiers
at the price decided by competent persons or competent levels. For domestic
bidding, the price of a set of bidding dossiers shall not exceed VND500,000.
For international bidding, international practices shall apply.
Expenses organization of bidding and evaluation
of bids incurred by the bid solicitors shall be covered by the proceeds from
the sale of bidding dossiers and managed according to the current regulations.
In cases where the collected amounts are not enough to cover expenditures,
agencies and units may use their own fund and such cost shall be calculated
into the value of the goods in the bidding packages.
5. Evaluation of bidding
results:
5.1. Evaluation responsibility:
The agencies competent to evaluate the bidding
results are stipulated as follows:
- For the results of bidding for the procurement
of goods by centrally-run agencies and units, the ministers, the heads of
ministerial-level agencies and agencies attached to the Government, and the
heads of central committees of mass organizations shall decide the assisting
bodies to perform the task of evaluating the bidding results.
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- For the goods procurement bidding packages by
local agencies and units, the presidents of the provincial/municipal People’s
Committees shall have to approve the bidding results and assign the
provincial/municipal Finance-Pricing Services to evaluate the bidding results.
For the bidding packages for goods procurement,
for which the responsibility to approve the results has been assigned or
authorized by the presidents of the provincial/municipal People’s Committees to
the heads of lower-level units, the authorized persons shall decide the
assisting sections to perform the task of evaluating the bidding results.
Particularly for the results of bidding for
goods procurement of State enterprises, the competent persons of the
enterprises shall decide the assisting sections to perform the task of
evaluating the bidding results.
5.2. Evaluation time limits: The time limit for
evaluation shall not exceed 10 days as from the date of receiving complete and
valid dossiers.
6. Approval of bidding
results:
6.1. Approval responsibility:
The bid solicitors shall have to submit the
bidding results to the competent persons or the competent levels for
consideration and approval. The competent persons or the competent levels shall
have to approve the bidding results in writing. The responsibility for approval
of bidding results is stipulated as follows:
- For the results of bidding for goods
procurement by central agencies and units, the ministers, the heads of
ministerial-level agencies and agencies attached to the Government, and the
heads of central committees of mass organizations shall approve the bidding
results.
In cases where the procurement is valued at
under 500 million dong, the person competent to approve bidding results may
authorize in writing the heads of the procuring units to approve them.
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- Particularly for results of bidding for goods
procurement by State enterprises, the competent persons of such State
enterprises shall have the right to approve the bidding results.
6.2. Approval time limits: Except for bidding
packages where exist troubles to be settled, the time limits for the approval
of bidding results shall not exceed 5 days as from the date of receiving
reports from the evaluating agencies.
III. NON-BIDING PROCUREMENT
FORMS
When the goods procurement meets the following
conditions, bidding shall not be compulsorily organized, but one of the
procurement forms such as competitive sale offers, direct procurement and
bidder appointment may be selected.
1. Competitive sale offers:
is the form of selecting bidders for goods supply on the basis of sale offers
by bidders.
- Conditions for application: for the
procurement of goods valued at between VND 100 and 200 million, which fails to
satisfy the conditions for the application of bidder appointment as stipulated
at Point 3 below.
- Each bidding package must have at least 3 sale
offers of 3 different bidders on the basis of sale offer requirements set by
the bid solicitors. In cases where there are not enough bidders as required,
the bid solicitors shall have to submit the cases to the competent persons or
the competent levels for decision. The sale offers may be sent directly, by
facsimile, postal services or other means.
2. Direct procurement:
is the form of selecting bidders for goods supply on the basis of the results
of bidding already organized in the year by the units
This form shall apply to cases where the units
have the demand to procure goods regularly or procure goods additionally due to
the following arising requirements:
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When procuring the above-mentioned goods, based
on the results of the bidding already opened in the year, which include bidding
packages of goods for regular use, units shall conduct the direct procurement
at specific time points in the year, ensuring that the goods unit prices shall
not exceed the unit prices in the contracts signed earlier.
2.2. Direct procurement shall also apply in
cases where the contracts already performed in the year or the contracts being
performed are supplemented, provided that the bid solicitors have the demand to
increase the goods quantity, which were previously opened to bidding, but it
must be ensured that the unit prices shall not exceed the unit prices in the
contracts signed earlier.
Where the market prices fluctuate, making it
unable to ensure the price requirements, or the prices in the signed contracts
are no longer reasonable for the direct procurement, the units shall have to
organize bidding as for a new bidding package.
3. Appointment of bidders:
is the form of directly selecting bidders who satisfy the requirements of the
bidding packages. Conditions for the application of appointed bidding are
concretely as follows:
3.1. For bidding packages valued at under VND1
billion, the bidder appointment shall be applied in the following cases:
- Urgent procurement due to natural calamities,
enemy sabotage, accidents, epidemics, which need to be immediately overcome,
and other cases of special procurement (purchase of medicines and chemicals in
service of epidemic prevention and fight, as well as for elimination of
dangerous social evils-related diseases and epidemics; purchase of rice,
textbooks, furniture, etc for flood-stricken areas;
- For the bidding packages, at the donors’
requests, the bidder appointment shall be decided by the competent persons on
the basis of the written opinions of the donors and other relevant agencies;
- Goods to be procured are produced solely by
domestic enterprises and sold at uniform price throughout the country;
- Goods to be procured are produced solely by
foreign firms (companies) and distributed by the producers’ sole agents in Vietnam.
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When applying the bidder appointment for the
above-mentioned cases of goods procurement, the competent persons or the
competent levels shall decide and immediately appoint capable bidders to
promptly perform the work, and at the same time, be responsible for their
decisions.
3.2. In special cases where a bidding package is
valued at over VND 1 (one) billion, if deeming it necessary to appoint bidders,
the ministries, branches, localities and corporations shall file their written
opinions to the Ministry of Finance for the latter to appraise and submit them
to the Prime Minister for consideration and decision.
3.3. Particularly for the following cases, the
form of bidder appointment shall apply without limitation on bidding packages’
value:
- Purchase of goods for national reserves for
which the bidder shall be appointed with the Prime Minister’s permission.
- Purchase of domestically-produced or
-assembled motorcycles and cars; domestically-produced equipment, with
registered copyrights and uniform sale prices throughout the country.
3.4. When effecting the procurement of the
above-mentioned goods, if agencies and units deem it unnecessary to appoint
bidders, they shall report such to the competent persons for permission to
organize bidding.
In cases of bidder appointment according to the
above-prescribed contents, the bid solicitors shall have to clearly determine
the following contents:
- The reasons for bidder appointment;
- The technical and financial experiences and
capability of bidders recommended for the appointment;
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IV. IMPLEMENTATION
ORGANIZATION
1. This Circular takes effect 15 days
after its signing. The previous regulations which are contrary to this Circular
are now annulled.
Other contents not stipulated in this Circular
shall comply with the provisions in the Bidding Regulation issued together with
the Government’s Decree No. 88/1999/ND-CP of September 1, 1999 on the
promulgation of the Bidding Regulation; Decree No. 14/2000/ND-CP of May 5, 2000
amending and supplementing a number of articles of the Bidding Regulation
issued together with Decree No. 88/1999/ND-CP of September 1, 1999;
The form of bidding dossiers for goods
procurement shall comply with the provisions in Appendix II to Circular No.
04/2000/TT-BKH of May 26, 2000 of the Ministry of Planning and Investment
guiding the implementation of the Bidding Regulation.
2. Annually, the ministries, the
ministerial-level agencies, the agencies attached to the Government, the
central bodies of mass organizations, the State corporations established by the
Prime Minister, and the provincial/municipal People’s Committees shall have to
sum-up and send reports on bidding activities to the Ministry of Finance before
December 31 for the latter to synthesize and report thereon to the Government.
3. In the course of implementation, if
any problems arise, units are requested to promptly report them to the Ministry
of Finance for consideration and settlement.
FOR
THE MINISTER OF FINANCE
VICE MINISTER
Nguyen Thi Kim Ngan
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