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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
31/2004/QD-BTC
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Hanoi,
April 6, 2004
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DECISION
PROMULGATING THE REGULATION ON NATIONAL RESERVE GOODS
PURCHASE AND SALE BIDDINGS
THE FINANCE MINISTER
Pursuant to the Government's
Decree No. 77/2003/ND-CP of July 1, 2003 defining the functions, tasks, powers
and organizational structure of the Finance Ministry;
Pursuant to the Government's Decree No. 88/1999/ND-CP of September 1, 1999
promulgating the Bidding Regulation;
Pursuant to the Government's Decree No. 14/2000/ND-CP of May 5, 2000 amending
and supplementing a number of articles of the Bidding Regulation promulgated
together with the Government's Decree No. 88/1999/ND-CP of September 1, 1999;
Pursuant to the Government's Decree No. 66/2003/ND-CP of June 12, 2003 amending
and supplementing a number of articles of the Bidding Regulation promulgated
together with the Government's Decree No. 88/1999/ND-CP of September 1, 1999
and Decree No. 14/2000/ND-CP of May 5, 2000;
Pursuant to the Prime Minister's Decision No. 270/2003/QD-TTg of December 24,
2003 defining the functions, tasks, powers and organizational structure of the
National Reserve Department under the Finance Ministry;
At the proposal of the director of the National Reserve Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on national reserve
goods purchase and sale biddings.
Article 2.-
This Decision takes effect 15 days after its publication in the Official
Gazette. To annul the National Reserve Department's Document No. 533/DTQG-KH-PC
of May 21, 2001 guiding the bidding for purchase and sale of national reserve supplies
and goods.
Article 3.-
The director of the National Reserve Department, the heads of the concerned
agencies and units of the Finance Ministry shall have to implement this
Decision.
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FOR THE FINANCE
MINISTER
VICE MINISTER
Nguyen Ngoc Tuan
REGULATION
ON NATIONAL RESERVE GOODS PURCHASE AND SALE BIDDINGS
(Promulgated
together with the Finance Minister's Decision No. 31/2004/QD-BTC of April 6,
2004)
Chapter I
GENERAL PROVISIONS
Article
1.- Scope and objects of application
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2. Organizations and individuals
involved in the performance of national reserve goods purchase or sale biddings
must observe the provisions of this Regulation and other law provisions on
biddings.
Article
2.- Bidding form and mode
1. Bidding form: The form of
public bidding shall be applied to select bid-winning contractors.
In cases where less than three
bidders submit their bids, the bid solicitor must report thereon to the
competent authorities for consideration and decision.
2. Bidding mode: The bidding
mode of one dossier bag shall apply. When participating in the biddings, the
contractors must submit their bids at one time. Such dossier bags must contain
the tendering price tickets strictly according to the requirements of the
bidding notices.
Article
3.- Bidding principles
1. Organizations and individuals
involved in organizing the biddings and bid evaluation and selection shall have
to absolutely keep secret the relevant information of the bidding-participating
units and the internal information of the Bidding Councils throughout the
process of organizing the biddings.
2. Biddings are organized
publicly and equally in rights and obligations among bidders.
3. The bid solicitors and the
bid winners shall have to strictly observe the commitments on purchase, sale,
delivery, reception and payment according to the bid-winning results.
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The bidding currency shall be
Vietnam dong (VND)
For export and import goods: In
the course of evaluating, comparing bids, the exchange rates between VND and
the foreign currencies, determined according to the average exchange rates on
the inter-bank foreign currency market, announced by Vietnam State Bank at the
time of opening bids.
Article 5.-
Quality standards of national reserve import goods
The quality standards of
national reserve import goods must strictly comply with the State's
regulations. For participation in the biddings, the bidders are encouraged to
offer goods samples for the bid solicitors to remark and evaluate. Before
putting goods into national reserve warehouses, the reserve units must check
all goods lots supplied by the contractors; only if they meet the quality
standards prescribed in the bidding dossiers can the goods be warehoused.
Chapter II
ORGANIZATION OF BIDDING
Section 1.
NATIONAL RESERVE GOODS PURCHASE BIDDINGS
Article 6.-
Bidding-organizing agencies
- The National Reserve
Department.
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Article 7.-
Decentralization of bidding responsi-bilities
1. The Finance Ministry shall
approve plans on biddings and results of bidding packages valued at between VND
7 billion and under 50 billion each.
2. The National Reserve
Department shall approve plans on biddings and results of bidding packages
valued at under VND 7 billion each.
Article 8.-
Conditions on bidding implementation
1. Conditions for organization
of bidding:
- The national reserve goods
purchase bidding plans have been already approved by competent authorities;
- The bidding dossiers have been
already approved by competent authorities.
2. Conditions for participation
in biddings:
Contractors, when participating
in national reserve goods purchase biddings, must fully satisfy the following
conditions:
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- Having full technical and
financial capabilities to satisfy the requirements of bidding packages;
- Having full civil legal
capacity and, for individuals, also full civil act capacity to sign and perform
contracts if they become bid winners;
- Their bids must strictly
comply with the regulations of the bidding dossiers;
- Being permitted to file only
one tendering application in a bidding package, regardless of form of
participation as independent bidders or partnership bidders;
- Being named in the system of
information data on contractors.
The bid solicitors must not
participate in biddings in the capacity as contractors for the bidding packages
they organize.
Article 9.-
Bidding Councils
1. Setting up of Bidding
Councils:
- In cases where the bid
solicitor is the National Reserve Department, the Bidding Council for national
goods purchase and/or sale (called the Bidding Council for short) shall be set
up under the Finance Minister's decision. The Bidding Council has a leader of the
National Reserve Department as its president and members being representatives
of the Administration Accounting, Administration and Non-Business, Price
Management Departments of the Finance Ministry; of the Finance-Accounting,
Planning-General Affairs, Warehouse Management, Preservation Technique and
Technology and Policy Boards and the Office of the National Reserve Department.
In case of necessity, the Bidding Council president may decide to set up
experts' groups to assist him/her.
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2. Working principles of the
Bidding Councils:
- The members of the Bidding
Councils shall work on a part-time basis.
- The Bidding Councils shall
organize biddings strictly according to the Bidding Regulation and the
prescribed principles as well as regimes; the guiding documents of the Finance
Ministry and the National Reserve Department concerning biddings for national
reserve goods purchase and sale.
- When settling matters, the
Bidding Councils shall work on the principle of democratic centralism and make
decisions by majority. A meeting of the Bidding Council shall be conducted only
when it is attended by at least 2/3 of the number of the Council's members. A
decision of the Bidding Council must be voted for by more than 50% of the
number of the Council's members; where the number of votes for and the number
of votes against are equal, the heads of the bidding- organizing agencies shall
decide.
3. The Bidding Councils' tasks:
- To draw up bidding plans and
submit them to the competent authorities for approval;
- To prepare bidding dossiers
including bidding notices, forms of application for bidding participation,
instructions to bidders, technical requirements and quality standards of
commodities, types of contracts and assorted taxes under law provisions so that
contractors acquire bases for bid price calculation;
- To publicize bid invitations
once the bidding plans are approved by competent authorities;
- To guide contractors in buying
the bidding dossiers and submitting their bids;
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- To work out point scales for
bid evaluation;
- To advise the
bidding-organizing agencies' heads on bid evaluation price;
- To open bids publicly and make
records on the bid opening;
- To organize bid evaluation
(consideration, detailed evaluation and grading of the opened bids) strictly
according to the prescribed procedures);
- To sum up and make reports on
evaluation of the bidding results and submit them to competent authorities for
approval;
- To announce bid-opening
results.
Article
10.- Publishing bid invitations, bid submission and bid-opening time limits
and effective time limit of bid dossiers.
1. Publishing bid invitations:
The bid solicitors must publish bid invitations on one of the central or local
mass media (daily papers, radio, television stations) for three consecutive
issues or publish them on the bidding bulletins circulated nationwide by the
State and the Finance Ministry's bidding website at least 10 days as from the
first publication of the bid invitations before selling the bidding dossiers.
2. Time limit for bid
submission: Within 15 days as from the date of selling the bidding dossiers,
the contractors must submit their bids to the bid solicitors.
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4. The validity duration of bid
dossiers is the duration from the time of ending the bid submission time limit
to the time of announcing the bid-winning results, which shall not exceed 180
days after the bidding closure.
Article
11.- Bidding plans
A bidding plan shall include the
following principal contents:
- The bid invitation notice:
+ The name and address of the
bid-inviting agency;
+ The specific list of bidding
packages (names, specifications, quantity, weight, quality, packing, goods
storing places, goods origins...);
+ Bidding participation
conditions;
+ The time of issuing the
bidding dossiers, the time of bidding closure, the time of bid opening.
- Estimated prices of bidding
packages;
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- Determination of the money
amounts to guarantee the bidding participation, to guarantee the contract
performance;
- Determination of
bid-evaluation criteria and point scale;
- Other matters, if any.
Article
12.- Bidding dossiers, bids
1. A bidding dossier shall
include:
- The bid invitation notice;
- The bidding participation
application form;
- Requirements on types,
quantity, quality of goods, packings...;
- Conditions on goods forwarding
time table and mode;
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- Form of tendering price offer
ticket;
- Bidding participation
guarantee form;
- Form of contract;
- Form of guarantee for contract
performance;
- Other instructions related to
bidding.
Forms of bidding dossiers shall
comply with the Planning and Investment Ministry's Circular No. 04/2000/TT-BKH
of May 26, 2000 guiding the implementation of the Bidding Regulation.
2. A bid shall include:
a/ Administrative and legal
contents:
- The valid bidding
participation application (signed by a competent person);
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- Documents on the contractor's capability
and experiences;
- Payment of bidding
participation guarantee deposit.
b/ Technical and quality
contents:
- The technical properties of
goods;
- The technical and
technological solutions;
- Origin of goods and
manufacturer's certificates. If they are home-made goods, the competent State
bodies' (registry offices' or standards and measurement agencies')
certification of the quality standards satisfying the requirements of the
bidding dossiers;
- Use training and instructions;
- Contract performance
timetable;
- Warranty duration.
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- Tendering price enclosed with
explanation and detailed price table;
- Goods forwarding conditions
and schedule;
- Payment conditions.
Article
13.- Management of bids
- The bid solicitors shall have
to receive, record in books, seal, manage and keep secret bids according to the
"Secret" regime.
- Bids, after being opened,
shall not be returned to bidders but be archived according to the dossier and
document preservation regulations.
Article
14.- Amending bids
1. Bidders must not amend their
bids' contents or withdraw their bids after the bidding closure.
In the course of evaluating and
comparing bids, the bid solicitors may request bidders to clarify matters related
to their bids. The bid solicitors' requests and the bidders' replies must be
made in writing.
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Article
15.- Bidding participation guarantee deposits
- The level of bidding
participation guarantee deposit shall be specified by the bid solicitors for
each bidding package, but must not exceed VND 200 million per bidding package.
The bidders must pay this sum in cash, cheque or guarantee certification by banks
(where the bidders open their transaction accounts) at the accountancy sections
of the bid solicitors before the bid opening is organized and must not earn
interests thereon during the guarantee period. In order to create favorable
conditions for bidders, the bid solicitors may collect the
bidding-participation guarantee deposits on spot before opening bids.
- The bidding-participation
guarantee deposits shall be returned to the bid-failers within no more than 30
days after the bid-wining results are announced. For the bid-winners, the
bidding-participation guarantee deposits shall be returned after they have paid
the contract performance guarantee deposits and the contracts have been already
signed.
- Bidders are not allowed to
receive back their bidding-participation guarantee deposits in the cases
prescribed in Clause 3, Article 28 of the Bidding Regulation issued together
with Decree No. 88/1999/ND-CP of September 1, 1999 and in Clause 26, Article 1
of Decree No. 66/2003/ND-CP of June 12, 2003 of the Government. These sums of
money shall be remitted into the State budget.
Article
16.- Contract performance guarantee deposit
- The level of contract
performance guarantee deposit shall be specified by the bid solicitors for each
bidding package, but must not exceed 10% of the contract value and not exceed
VND 300 million for one bidding package. These sums must be paid in cash,
cheque or guarantee certification by banks (where the bid-winners open their
transaction accounts) by bidders at the accountancy sections of the bid
solicitors; these guarantee sums shall not bear interests during the guarantee
period and be returned to the bid-winners immediately after the contract
liquidation.
- If the bid-winners breach
their commitments in the contracts or refuse to perform the contracts, these
sums shall be remitted into the State budget and such bid-winners shall be
handled for other violations (if any) related to the obligations in contract
conclusion and performance.
Article
17.- Bidding package prices, tendering prices
1. The bidding package price is
the price for delivery at the doors of the reserve goods storehouses or the
price for delivery at other places (inscribed in the bid invitation notices),
inclusive of the law- prescribed taxes and other expenses.
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- In cases where the National
Reserve Department organizes the bidding: Based on the guiding price table of
the Finance Ministry and the approved bidding plans, the National Reserve
Department shall prescribe the bidding package prices and hand them to the
Bidding Council president in the duration from after the time of bidding
closure to the time before the bid opening. The bidding package prices shall
only be announced when bids are evaluated.
- In cases where the director of
the National Reserve Department assigns the directors of the Regional National
Reserves to organize biddings: Based on the Finance Ministry's guiding price
table and the approved bidding plans, the director of the National Reserve
Department shall prescribe the guiding limit prices for the biddings and send
them through the registered official dispatch channel or in person to the
directors of the Regional National Reserves within the duration from after the
time of bidding closure to the time before the bid opening so that the latter
prescribe the bidding package prices and hand them to the Bidding Council
presidents before the opening of bids. If past the prescribed time limit the
price-setting official dispatches of the National Reserve Department fail to
arrive on time, the director of the National Reserve Department shall directly
inform the prices by telephone to the directors of the Regional National
Reserves.
2. Tendering prices:
- They are the prices for delivery
at the doors of the reserve storehouses or at other places (inscribed in the
bid invitation notices), inclusive of the law-prescribed taxes and other
expenses.
- The contractors must inscribe
the tendering prices of bidding packages strictly according to the requirements
of the bid invitation notices and put them in the bid dossier bags.
Article
18.- Opening of bids
After receiving bids submitted
on time and managed under the "Secret" regime, the bid solicitors
shall open the bids publicly on the dates, at the hours and places inscribed in
the bidding dossiers.
The bid-opening meetings shall
be presided over by the Bidding Council presidents and conducted in the
following order:
- Announcing the participants;
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- Examining the seals of bids;
- Opening bids one by one,
reading aloud and recording the following major information:
+ The names and addresses of
bidders;
+ The number of originals,
copies of a bid;
+ The tendering prices,
including discount (if any);
+ Bidding participation
guarantee.
- Approving the bid-opening
records, which must clearly state the names of the bidding packages; the date,
hour and venue of opening bids; the names and addresses of bidders; the tendering
prices, bidding participation guarantee; other relevant contents (if any).
The representative of the bid
solicitor, the representatives of the bidders and the representatives of the
concerned managerial bodies (if present) must sign the bid-opening records for
certification.
The originals of bids, after
being opened, must be signed page by page for certification by the bid
solicitor before they are evaluated and managed under the "Secret"
regime. The evaluation shall be made on the copies.
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The opened bids shall be
evaluated and compared according to technical and quality standards, the
financial and professional capability, prices, implementation schedule and
other necessary information. The evaluation is conducted by the method of
scoring under the point scales prescribed before the opening of bids, covering:
1. Preliminary evaluation:
The preliminary evaluation aims
to exclude bids failing to satisfy the requirements of bid invitation notices
and is effected as follows:
a/ Examining the validity of
bids;
b/ Examining the bids'
satisfaction of the requirements of the bidding dossiers (examining the bidding
participation conditions).
c/ Clarifying bids (if
necessary).
Thereby to detect bids which fail
to meet the requirements and exclude them from the lists of bids.
2. Detailed evaluation
The detailed evaluation of bids
shall be effected in the following two steps:
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The evaluation of bids in terms
of technical and quality standards shall be carried out on the basis of the
evaluation requirements and criteria prescribed in the bidding dossiers.
Bidders who get at least 70% of the total technical and quality points shall be
selected for consideration at Step 2.
Step 2: Considering and
examining the tendering prices offered by bidders selected through Step 1.
3. Announcement of bidding
package prices.
Article
20.- Grading and selection of bidders
1. Based on the results of bid
evaluation, the Bidding Councils shall sum up the evaluation and grade bidders.
2. The bid-wining consideration
shall be based on the requirements in the bid invitation notices; for tendering
tickets with the same conditions compatible with the bidding requirements, the
bid-winning ticket shall be the one which offers the lowest price as compared
to the bidding package price.
For tickets with different
conditions, the Bidding Councils shall examine every specific condition
according to the point scale in order to consider the bid-wining results.
3. In cases where bidders get
the same points and offer the same tendering price, the bid solicitors shall
conduct the second-round bidding among these bidders in order to select the
bidder who offers the lowest tendering price. If the second bidding results
remain unchanged, the bidding package volume shall be divided to such bidders
after their negotiation or the lot-drawing shall be conducted to select the
bidder proposed to be the bid-winner.
4. In cases where bidders offer
the equal tendering prices but get different points, the bidder with higher
points shall be selected.
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6. After opening bids, the
bidding-organizing agencies must immediately send the reports on the bidding
results, enclosed with the bid-opening records, to the competent bodies for
approval. Only after the bidding results are approved can the bidding results
be legally valid and can the bid solicitors announce them in writing to the
involved bidders in order to proceed with the conclusion of economic contracts
according to regulations.
Article
21.- National reserve goods purchase contracts
1. After the bidding results are
approved by competent authorities, the National Reserve Department shall direct
the Regional National Reserves tasked to receive national reserve goods to sign
economic contracts for purchase of national reserve goods strictly according to
law provisions.
2. The major contents of a
national reserve goods purchase contract include:
- The goods name;
- Specifications;
- Quantity;
- Quality;
- Prices;
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- Goods forwarding venue, mode,
time and schedule;
- Each party's contract
performance responsibility;
- Liabilities for contractual
breaches.
The above contents must strictly
comply with the contents stated in the bidding dossiers.
In addition, the parties may
reach agreement on other contractual contents, which are, however, not contrary
to law provisions.
Article
22.- Expenses for organization of biddings
The bid solicitors may collect
bidding participation charges to cover the expenses for organization of
biddings such as printing of documents, information, advertisement... according
to law provisions on charges and fees. The collection and spending of bidding
charges must be fully evidenced with valid vouchers and reflected on accounting
books.
Article
23.- Handling of circumstances in biddings
1. In cases where the tendering
prices of all bids exceed the price of the goods purchase bidding package (or
are lower than the price of the goods sale bidding package), the bid solicitors
must report thereon to the authorities competent to approve the bidding plans
and bidding results for considering the permission of bidders with bids
basically satisfying the requirements of the bidding dossiers to re-offer their
prices or to re-offer their prices simultaneously with reconsidering the
bidding package price in the approved bidding plans and the contents of the
bidding dossiers (if necessary).
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a) Bidding cancellation shall
apply to one of the following cases:
- Changing the objectives
mentioned in the bidding dossiers;
- Having evidences that the bid
solicitor has connived with the bidder, resulting in a lack of competition in
the bidding;
- All bids have basically failed
to satisfy the requirements of the bid solicitor;
- Having evidences that bidders
have colluded with one another, resulting in a lack of competition in the
bidding and harming the interests of the bid solicitor.
Based on the competent
authorities' decisions, the bid solicitors shall have to inform all bidders of
the cancellation of biddings or of re-organization of biddings.
b) Financial liabilities upon cancellation
of biddings:
- If the bidding is cancelled
due to the fault of one of the bidders, such bidder shall not be entitled to
receive back the paid bidding-participation guarantee deposit.
- If the bidding is cancelled
not due to the bidders' faults, the bid solicitors shall have to make up for
the bidders' expenses for bidding participation at the levels promulgated by
the State, including:
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+ Expenses for travel to
purchase the bidding dossiers and to submit bids.
+ Expenses for compilation of
bids.
+ Other expenses (stantionery,
equipment amortization...).
- Expenses for compensation upon
bidding cancellation due to changes in investment objectives and scope, decided
by competent authorities, shall be covered with the fund for organization of
biddings. If for other reasons, the bid solicitors are at fault, the concerned
individuals shall have to pay the compensations.
3. In cases where two bids are
evaluated equally best (in terms of points or evaluation prices), the bidding
package shall be considered and given to the bidder with the lower tendering
price, after being arithmetically corrected and supplemented or adjusted
according to the requirements of the bidding dossier (except for cases
prescribed in Clauses 5, 6, 7, Article 10 of the Bidding Regulation issued
together with the Government's Decree No. 88/1999/ND-CP of September 1, 1999).
4. The exclusion of bids shall
apply to one of the following cases:
- Bids fail to meet the
pre-conditions stated in the bidding dossiers.
- Bids fail to meet the
technical requirements.
- Bidders refuse to accept the
arithmetic errors discovered and requested for correction by the bid solicitors
or have made arithmetic errors exceeding 15% of the tendering prices.
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- Reportedly having false
declarations.
Section 2.
NATIONAL RESERVE GOODS SALE BIDDINGS
Article
24.- Organization of biddings
The organization of biddings for
sale of national reserve goods shall be the same as for national reserve goods
purchase biddings, except for the provisions of Point b, Clause 2, Article 12;
Article 19; Clauses 1 and 2 of Article 20; Article 21 of this Regulation.
Article
25.- Bids
- The valid bidding
participation application (signed by a competent person);
- The copy of the production or
business registration paper (notarized by State Notary Public within 100 days
before the bid submission deadline);
- Payment of bidding
participation guarantee deposit;
- Tendering price ticket.
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- Examining the validity of
bids;
- Examining the bids'
satisfaction of the requirements of the bidding dossiers (checking the bidding
participation conditions);
- Considering and examining the
tendering prices of bidders;
- Announcing the bidding package
price.
Article
27.- Section of contractors
1. On the basis of examination
of bids upon the opening of bids, the Bidding Councils shall sum up and grade
contractors. The proposed bid-winning result is the tendering ticket with the
highest price as compared to the bidding package price.
2. Where bidders offer equal
tendering prices, the bid solicitors shall organize the second-round biddings
among these bidders in order to select the contractor with the highest
tendering price. If the result of the second bidding remains unchanged, the
bidding package volume shall be divided to such bidders after their
negotiations or a lot-drawing shall be organized to select the proposed
bid-winner.
Article
28.- National reserve goods sale contracts
1. After the bidding results are
approved by competent authorities, the director of the National Reserve
Department shall direct the Regional National Reserves tasked to deliver the
national reserve goods and sign economic contracts on sale of national reserve
goods strictly according to law provisions.
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- The goods name;
- Specifications;
- Quantity;
- Quality;
- Prices;
- Payment mode: Money is
collected first, then goods are delivered according to the goods delivery and
reception schedules;
- Goods forwarding venue, mode,
time and schedule;
- Each party's responsibility in
the contract performance;
- Liabilities for contractual
breaches.
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Chapter III
IMPLEMENTATION
ORGANIZATION
Article
29.- Implementation organization
Based on this Regulation, the
National Reserve Department shall have to guide in detail the relevant agencies
and units to organize the national reserve goods purchase or sale biddings in a
strict, efficient and lawful manner.
If meeting with difficulties or
problems in the course of organizing national reserve goods purchase or sale
biddings, the National Reserve Department must report them in time to the
Finance Ministry for consideration and settlement.