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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 32/2019/ND-CP
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Hanoi, April 10,
2019
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DECREE
COMMISSIONING,
ORDERING AND TENDERING FOR PUBLIC-SECTOR GOODS AND SERVICES FUNDED BY THE STATE
BUDGET'S REGULAR EXPENDITURES
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on State Budget dated June
25, 2015;
Pursuant to the Law on Bidding dated November
26, 2013;
Pursuant to the Law on Prices dated June 20,
2012;
Upon the request of the Minister of Finance;
The Government herein promulgates the Decree on
commissioning, ordering and tendering for public-sector goods and services
funded by the state budget's regular expenditures.
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GENERAL PROVISIONS
Article 1. Scope
This Decree prescribes the act of commissioning,
ordering and tendering public-sector goods and services funded by the state
budget's regular expenditures.
Article 2. Subjects of application
1. Ministries, quasi-ministerial agencies,
Governmental bodies (hereinafter referred to as central authorities), People’s
Committees of provinces and centrally-affiliated cities (hereinafter referred
to as provincial People’s Committees), People’s Committees of urban/rural
districts, towns and provincial cities (hereinafter referred to as district People‘s
Committees) and other directly-affiliated managing bodies that are authorized
to commission, order and seek tenders for provision of public goods and
services funded by the state budget’s regular expenditures.
2. State-owned public service units that are
established by competent state agencies under regulatory provisions; have legal
personality; supply public services; help in implementing state management
mandates.
3. Enterprises from all economic sectors, entities,
units (including state-owned public service units not directly under agencies
allocated the budget for ordering and tendering for public goods and services);
cooperatives having legal personality; persons practising independently and
registering their business under law who perform the functions of supplying
public goods and services subject to regulatory requirements for provision of
public goods and services (hereinafter referred to as other public service
providers; producers and suppliers of public utilities, or as bidders or contractors
involved in the tendering and bidding process prescribed in bidding law);
agencies and entities related to rendering of public goods and services.
4. Ministry of National Defense; Ministry of Public
Security; political organizations; social-political organizations; social –
political – professional organizations that are entitled to apply regulatory
provisions of this Decree and other regulatory provisions of relevant law
regarding the act of commissioning, ordering and seeking tenders for public goods
and services funded by the state budget's regular expenditures authorized for
use by competent authorities.
5. Ministries, central and local authorities,
enterprises, entities, agencies and units administering public services; public
utilities by using other financial resources (other than state budget funding)
that are encouraged to apply regulatory provisions of this Decree.
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For the purposes of this Decree, terms used herein
shall be construed as follows:
1. Public-sector good and service (hereinafter
referred to as public good and service) refers to a commodity or service
vital for the socio-economic life of the nation, public or maintenance of peace
and security that the government administers in the following sectors: Education
and training; vocational training; healthcare; culture, sports and tourism;
information and communication; science and technology; natural resources and
environment; traffic and transport; agriculture and rural development; industry
and trade; construction; labor, war invalids and social affairs; justice and
other fields prescribed in the government's regulations. It is composed of
public services (also known as governmental services) and public utilities
(also known as public goods).
2. Public-sector good and service funded by the
state budget's regular expenditure (hereinafter referred to as public
good), is composed of: Public services funded by the state budget and
public utilities.
3. Public service funded by the state budget
(hereinafter referred to as state-funded public service) refers to a public
service of which costs are covered in full by the government, or a public
service of which costs have not yet been fully charged into prices or fees or
are covered by state grants.
4. Public utility refers to a commodity or
service of which production and supply according to the market mechanism can
hardly offset any cost incurred; or which is a particular commodity or service
that has access to the Government’s subsidy against the spread between the
selling price, the market or selling price or value under the Government's
regulations; or between the sum that a beneficiary of a public utility pays as
per the Government's regulations and total reasonable production cost that a
producer or supplier thereof incurs to production or supply of any public
utility ordered by the Government (or commissioned under regulatory provisions
of relevant industry-specific law (if any)).
5. Subsidy on public utility refers to
financial aid that the state budget grants at a fixed rate per a unit of public
utility to a producer or supplier thereof so that they can produce or supply
the public utility that the Government orders (or commissions according to
regulatory provisions of applicable industry-specific law (if any)).
6. Reasonable cost incurred by a producer or
supplier of public utility refers to any actual cost associated with the
act of production and supply of a public utility that is proved to be
appropriate according to the Law on Corporate Income Tax and other related
legal normative documents.
7. Selling price regulated by the Government refers
to any price set by the Government at which a producer or supplier sells their
public utility on the market.
8. to commission a state-funded public service refers
to a state agency assigning a state-owned public service unit to administer its
public service under a competent authority’s decision according to its
functions and duties.
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10. to seek tenders/tendering for a public good
and service (also to put a public good and service out to tender) refers to
the process of selecting a bidder or contractor to award them a contract for
provision, supply or administration of a public good and implement that
contract in a competitive, fair, transparent and economically effective manner.
Article 4. Budget or funding for supply of
public goods
1. State budget’s regular expenditures available
for use in public and economic activities prescribed in the Law on State
Budget, including:
a) The central government’s budget expenditures
used as funding for the process of commissioning, ordering or tendering for
public goods by Ministries and central authorities;
b) The local government’s budget expenditures used
as funding for the process of commissioning, ordering or tendering for public
goods by local authorities.
2. Amounts retained to pay for service provision
and fee or charge collection according to law on fees and charges.
3. Revenue gained from public services at the
public service prices regulated by the Government.
4. Other financial sources stipulated in law (if
any).
Article 5. Classification of public-sector goods
and services
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a) List of public services financed by the state
budget;
b) List of public utilities.
2. Public services financed by the state budget
that are shown in Appendix I (Chart 01 and Chart 02) to this Decree are
classified into the followings:
a) Chart 01. Industry- or sector-specific
state-funded public services.
Details about classification of governmental
state-funded public services of Ministries and central authorities shall be
given according to the Prime Minister's decisions; details about classification
of state-funded public services within the local government jurisdiction shall
be given according to decisions of Presidents of provincial People’s
Committees.
b) Chart 02. Several lists of state-funded public
services.
3. Public utilities are classified as shown in
Appendix II hereto.
4. If there is any modification or supplement to
classifications of public-sector goods and services shown in clause 2 and 3 of
this Article over time, Ministries and central authorities shall take charge of
and cooperate with the Ministry of Finance, the Ministry of Planning and
Investment, Ministry of Home Affairs or any relevant agency on seeking the
Prime Minister's decision to approve the central government budget’s estimated
funding for such modification or supplement; the decisions of Presidents of
provincial People’s Committees to approve the local government budget’s
estimated funding for such modification or supplement. The updated
classifications of public-sector goods and services shall be subject to
regulatory provisions of this Decree.
Article 6. Methods for commissioning, ordering
and tendering for public-sector goods and services
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2. With regard to public utilities, the ordering
and tendering (or commissioning, once permitted by specialized law) methods
shall be put to use.
3. Ministries, central authorities, provincial
People’s Committees, district People’s Committees or directly-affiliated
managing or regulatory agencies can be given the freedom of choice of any
appropriate method for administering public-sector goods and services if the
chosen method fully meets the conditions set forth in Chapter II and Chapter
III and any applicable specialized law.
Article 7. Authority to decide on the method of
commissioning, ordering and tendering for public goods and services
1. Ministries, central authorities or
directly-affiliated managing bodies may delegate the authority to make
decisions to commission or order public goods and services to their
directly-controlled public service units; may assign the authority to make
decisions to order (or commission, once permitted by specialized law) public
goods and services to other public service providers; producers or suppliers of
public utilities; or put public goods and services out to tender as allowed
according to regulatory provisions by using the central government budget’s
funds.
2. Provincial People’s Committees, district
People’s Committees or managing bodies under their direct control may delegate
the authority to make decisions to commission or order public goods and
services to their directly-controlled public service units; may assign the
authority to make decisions to order (or commission, once permitted by
specialized law) public goods and services to other public service providers;
producers or suppliers of public utilities; or put public goods and services
out to tender as allowed according to regulatory provisions by using the local
government budget’s funds.
3. In case of commissioning or ordering any
particular public goods and services by using the central government budget’s
funds, the Prime Minister’s decisions shall be applied.
Article 8. Methods and authorization for
issuance of decisions on costs or values, unit prices of or subsidies on public
goods and services
1. For state-funded public services
a) In case of carrying out the process of
commissioning state-funded public services, based on commissioned amounts and
quantities; spending regimes, levels and limits subject to competent state
agencies’ regulations; Ministries, central authorities, provincial People’s
Committees, district People’s Committees or their directly-controlled managing
bodies may delegate authority to approve the budget proposals for commissioning
public services to state-owned public service units.
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2. For public utilities
Pricing methods, agencies having jurisdiction over
appraisal or valuation, pricing procedures, unit prices and subsidies on public
goods and services shall be subject to price and other relevant law.
3. Selling prices, costs or values and unit prices
of public goods and services shall be determined according to economic –
technical norms or cost norms adopted by competent agencies. As part of the
aforesaid, personnel wages or salaries included in selling prices, costs or
values and unit prices of public goods and services calculated according to
statutory base pay rates; pay coefficients arranged by specific professional
ranks, grades, titles, and salary-based benefits and contributions shall be
subject to state policies and regulations to be applied to state-owned public
service units and labor or cost norms (where available) issued by Ministries,
central authorities or provincial People's Committees according to
jurisdiction. In particular, personnel wages or salaries included in costs or
values and unit prices of public goods and services shown in Appendix II to
this Decree; personnel wages or salaries included in unit prices of
state-funded public goods and services shown in Chart 02 of Appendix I to this
Decree that businesses are awarded contracts through the process of ordering or
tendering for (or commissioning, once provided in specialized law) public goods
and services shall follow the instructions of the Ministry of Labor, War
Invalids and Social Affairs.
4. For goods and services on the classification
list of products and services of public interest given in the Government's
Decree No. 130/2013/ND-CP dated October 16, 2013 on production and supply of
products and services of public interest, if they are shifted to the
classification list of state-funded public services prescribed herein,
authority to decide prices of respective services shall be the same as
authority to decides prices of goods and services on the classification list of
public utilities stipulated in the Law on Prices and its instructional
documents.
Chapter II
COMMISSIONING, ORDERING OR TENDERING FOR STATE-FUNDED
PUBLIC SERVICES
Section 1: COMMISSIONING STATE-FUNDED PUBLIC
SERVICES
Article 9. Conditions for commissioning
state-funded public services
1. Only state-owned public service units under
immediate superiors that are allocated the budget for provision of public
services can receive commissions to provide such public services.
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a) Functions and duties of the state-owned public
service unit receiving the commission that involve provision of public services
must be conformable to the commission to administer the public service that is
assigned under a competent authority’s decision. In addition, if it receives a
commission to administer any type of public service eligible for licenses or
permits granted by the Government, another condition that it must satisfy is
that it has successfully sought the permit or license from a competent
authority as per regulatory provisions of applicable specialized law.
b) The state-owned public service unit receiving
the commission has been given the financial freedom according to the autonomy
mechanism applied to state-owned public service units in specific sectors;
c) Administering the public service is deemed as
one of its annual regular assignments of the state-owned public service unit
receiving the commission; and has been being commanded by the superior body;
d) The public service to be commissioned is on the
list of public services of which economic - technical norms and unit prices
have not yet been set; of which amounts, quantities and reasonable costs are
consistent with the budget proposals approved by competent authorities.
3. Conditions for commissioning any particular
state-funded public service prescribed in clause 3 of Article 7 herein shall be
subject to the Prime Minister's decisions.
Article 10. Commissioning state-funded public
services
1. Commissioning public services shall be based on
the classification list of public services shown in Chart 01 of Appendix II
hereto.
2. References to commissioning of public services:
a) Budget revenues and expenditures authorized by
competent authorities;
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3. Information about commissioning of public
services to be clarified:
a) Amount and quantity of public services to be
commissioned (declared in detail if possible) or details about public services
to be commissioned;
b) Quality of public services (according to the
criteria and standards set by competent state agencies);
c) Start date and completion deadline;
d) Budget proposal for commissioning public
services, based on the amount, quantity of public services to be commissioned;
requirements of public services to be commissioned; spending mechanism
currently in use and approved by the competent authority. The budget proposal is
composed of the following funds:
- State budget funding.
- Amounts retained to pay for service provision and
fee or charge collection according to law on fees and charges.
- Revenue gained from public services at the public
service prices regulated by the Government.
dd) Amounts paid in advance; amounts paid to pay or
settle costs of commissioning of public services;
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g) Responsibilities of the state-owned public
service unit receiving the commission;
h) Responsibilities of the superior body assigning
the commission;
i) Other information specified in specialized law
(if any).
4. Commissioning method: Decision of the superior
body assigning the commission to administer the state-funded public service to
the state-owned public service unit.
Article 11. Adjustment to the budget for
commissioning state-funded public services
1. Any adjustment to the budget for commissioning
state-funded public services shall be made when the Government changes pay
systems and policies.
2. Superior bodies commissioning public services
can adjust commissions assigned to state-owned public service units due to any
change in the amount or quantity to be commissioned or objective causes.
Section 2: ORDERING STATE-FUNDED PUBLIC SERVICES
Article 12: Conditions for ordering state-funded
public services
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a) Satisfying the conditions specified in point a,
point b and point c of clause 2 of Article 9 herein;
b) These services are on the list of public
services of which economic - technical norms and unit prices; costs or values
are already determined when such list is issued by the competent authority as a
basis to place orders;
c) Satisfying other order placement conditions
prescribed in relevant regulations of law (if any).
2. State-funded public services specified in the
list specified in Appendix I hereto may be ordered from other public service
providers when all of the following conditions are satisfied:
a) Other public service providers have already
registered their scope of activities involving provision of public services to
be ordered; have full financial capacity and ensure that their infrastructure,
equipment, machinery, engineering, production technology level, management and
personnel qualification conform to ordering requirements. In addition, with
respect to other public service providers that are entitled to order any type
of public service eligible for licenses or permits granted by the Government,
another condition that it must satisfy is that they must successfully obtain
permits or licenses from competent authorities as per regulatory provisions of
applicable specialized law;
b) The public services to be ordered are on the
list of particular public services because they are related to intellectual
property, or are tendered for by only one supplier;
c) The public services to be ordered are on the
list of the public services of which economic - technical norms and unit
prices; costs or values are determined when such list is issued by the
competent authority as a basis to place orders;
3. Conditions for ordering any particular
state-funded public service prescribed in clause 3 of Article 7 herein shall be
subject to the Prime Minister's decisions.
4. In case of ordering other state-funded public
services specified in relevant specialized law, such ordering shall be subject
to specialized law (if any).
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Article 13. Basis for ordering of state-funded
public services
1. Budget revenues and expenditures authorized by
competent authorities.
2. Decisions of competent authorities regarding
classification lists of state-funded public services administered according to
the ordering method.
3. Unit prices, costs or values of state-funded
public services to be ordered are determined according to economic – technical
norms or cost norms adopted by the Government and are subject to the decisions
issued by competent authorities in accordance with price and other relevant
law. Especially for ordering of public services administered by public service
units, they are determined according to the schedule of all-inclusive prices or
prices not including all costs calculated according to the autonomy mechanism
of state-owned public service units in specific sectors (e.g. education and
training; vocational education; health; culture, sports and tourism;
information and communication; science and technology; economic and other
sectors).
4. Where public services are on the list of paid
public services, fees and charges for these public services shall be subject to
regulatory provisions regarding fees and charges.
5. Other basis for placement of orders shall be
subject to specialized law (if any).
6. Based on allocated funds; the list of public
services to be ordered; unit prices, costs or values of public services that
are decided by competent authorities; and on other ordering bases (if any)
superior bodies can determine the amount and quantity of public services to be
ordered from service providers. In case of ordering public services
administered by public service units at non-inclusive prices or rates, the
state budget shall offer grants to offset part of the costs that have not yet
been included in public service prices or charges.
Article 14. Ordering state-funded public
services
1. Order forms
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b) Ordering public services to be administered by
other public service providers by entering into agreements to purchase
state-funded public services (according to Form No. 03 given herein).
2. Public services to be ordered are those on the
list shown in Appendix I hereto.
3. Order information
a) When ordering state-funded public services, the
amount and quantity of public services to be ordered must be clarified;
b) Quality of public services (according to the
criteria and standards set by competent state agencies);
c) Start date and completion deadline;
d) Unit prices, costs or values of public services
to be ordered under decisions issued by competent authorities according to
regulatory provisions on prices and other relevant law;
dd) Budget proposal for ordering public services
(in case of placing orders for public services to be administered by
state-owned public service units) or value of the ordered public services (in
case of entering into agreements to purchase public services from other public
service providers), including the following specific funds:
- State budget funding for placement of orders (at
the all-inclusive price) or state grants used for offsetting part of the costs
not yet included in the to-be-ordered public service price or charge (at the
non-inclusive rate).
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- Revenues earned from administering public
services at the prices set by the Government.
- Other funding sources (if any).
e) Payment and accounting method;
g) Product testing and transfer method;
h) Rights and obligations of the supplier;
i) Rights and obligations of the client;
k) In addition, interested parties may add several
other information provided that such information do not violate law.
4. Apart from the order information specified in
clause 3 of this Article, Ministries, central and local authorities may add
several other information to orders that they place in order to conform to
managerial requirements in specific sectors or details about orders prescribed
in specialized law (if any).
Article 15. Adjustments in budgets for ordering
state-funded public services
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2. Budget adjustments can be made when the
government adjusts economic – technical norms, cost norms, prices, costs,
values or unit prices of public services; or changes amounts and quantities of
public services to be ordered.
3. Budget adjustments can be made when any force
majeure event that occurs as prescribed by law causes impacts on provision of
public services.
Section 3. TENDERING FOR PROVISION OF
STATE-FUNDED PUBLIC SERVICES
Article 16. Regulations on tendering for
provision of state-funded public services
1. Based on registered functions and business
activities relevant to public services involved in the tendering process; based
on regulatory provisions of specialized law that are applied to service supply
bidders or contractors in the sectors eligible for licenses or permits granted
by the Government and other bidding conditions prescribed in relevant law (if
any), bidders or contractors can bid for contracts to administer public
services according to the list shown in Appendix I hereto by employing the
following bidding methods:
a) Method of open tendering for provision of public
services that is prescribed in Article 20 in the Law on Bidding, except as
provided in point b of clause 1 of Article 16 herein;
b) Method of restricted tendering for provision of
public services that is prescribed in Article 21 in the Law on Bidding.
2. Tendering and other relevant regulations on
supply of state-funded public services shall be aligned with regulations laid
down in the Law on Bidding, the Government’s Decree No. 63/2014/ND-CP dated
June 26, 2014, elaborating on implementation of several Articles of the Law on
Bidding regarding selection of contractors and regulatory documents prescribing
amendments or supplements thereto (if any); other relevant law.
Chapter III
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Section 1. ORDERING PUBLIC UTILITIES
Article 17. Conditions for placement of orders
for public utilities
1. Ordering the public utilities indicated in the
Appendix II hereto shall be permitted when all of the following conditions are
satisfied:
a) The producer or supplier of public utility has
obtained registration for business activities relevant to the sectors or
industries involving the public utility on order; has full financial capacity
and ensure that their infrastructure, equipment, machinery, engineering,
production technology level, management and personnel qualification conform to
requirements concerning production and supply of public utilities that are set
forth in a purchase agreement. In addition, the public utility producer or
supplier that is entitled to receive any order in the sectors eligible for
licenses or permits granted by the Government must be subject to another condition
whereunder they must successfully obtain the permit or license from the agency
having jurisdiction to grant licenses or permits according to specialized law;
b) The public utility on order is on the list of
particular public utilities because it is related to intellectual property, or
is tendered for by only one supplier.
c) Selling price, market price or value of and
subsidy on the public utility on order are subject to the competent authority’s
decision issued according to price and other relevant law.
2. Conditions for ordering public utilities
specified in clause 1 of Section I and clause 2 of Section II of Appendix II
hereto shall be subject to specialized and other relevant law; regulatory
provisions regarding placement of orders that are laid down in this Decree.
3. Conditions for ordering any particular public
utility prescribed in clause 3 of Article 7 herein shall be subject to the
Prime Minister's decisions.
4. In case of ordering other public utilities
specified in relevant specialized law, such ordering shall be subject to
specialized law (if any).
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6. Though public utilities shown in Appendix II
hereto can be procured by applying the ordering method, the tendering method is
recommended.
Article 18. Basis for placing orders for public
utilities
1. Budget permitted by the competent authority for
ordering public utilities.
2. Targets pertaining to production and supply of
public utilities; estimate of reasonable costs of production and supply of
public utilities.
3. Unit price, cost or value of, or subsidy on the
public utility on order that is determined according to economic – technical
norms or cost norms adopted for use by the Government and are subject to the
decisions issued by competent authorities in accordance with price and other
relevant law. Fees and charges for paid public utilities shall be subject to
the Government’s regulations.
4. Selling price; unit price, market price or value
of the public utility that is subject to the Government's regulations or the
sum that the beneficiary of the public utility pays in accordance with the
Government’s regulations.
5. Based on the permitted budget, unit price,
quoted price, reasonable cost, selling price, market price or value of the
public utility, subsidy and other order factors prescribed in other relevant
law (if any), the order-placing agency shall determine the amount and quantity
of public utilities qualified for the subsidy to enter into a purchase
agreement. If the selling price; unit price or market or selling price or value
of the public utility regulated by the Government or the sum that the
beneficiary of the public utility pays in accordance with the Government’s
regulations as stated in clause 4 of this clause is lower than total reasonable
cost of production and supply of the public utility, the producer or supplier
can be given subsidies varying according to the amount or quantity of public
utilities on order.
Article 19. Details or terms and conditions of
the purchase agreement
1. The details shall include:
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b) Quality of the public utility on order
(according to the criteria and standards set by competent state agencies);
c) Price, unit price, subsidy;
d) Amount and quantity of the subsidized public
utility;
dd) Contract value;
e) Start date and completion deadline;
g) Sales and expenses arising from production and
supply of the public utility (where necessary);
h) Selling price of the public utility;
i) Reasonable costs of production and supply of the
public utility;
k) Delivery time, location, method;
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m) Contract acceptance testing and discharge
method;
n) Rights and obligations of the purchaser and the
producer or supplier of the ordered public utility;
o) Responsibilities of the contracting parties in
case of breach of the agreement and settlement mechanism.
p) Contracting parties may add several details or
terms and conditions to the agreement on condition that they neither violate
law and cause any change in the price of the public utility on order.
2. Apart from the order information specified in
clause 1 of this Article, Ministries, central and local authorities may add
several other information to purchase agreements in order to ensure conformity
to managerial requirements in specific sectors or consistency with details
given in the sample agreement prescribed in specialized law (if any).
3. Each purchase agreement used for ordering a
public utility is made by adopting the sample Agreement (Form No. 03) shown in
this Decree.
Article 20. Adjustments in the purchase
agreement
1. Any adjustment in a purchase agreement used for
ordering a public utility can be made only when it is permitted by the
competent authority.
2. An adjustment is made in the following cases:
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b) The Government changes economic - technical
norms; cost norms, prices, unit prices of or subsidies on the public utility on
order;
c) Any force majeure event prescribed by law that
causes impacts on production and provision of public utilities occurs.
Section 2. TENDERING FOR PUBLIC UTILITIES
Article 21. Regulations for tendering for public
utilities
1. Based on registered functions and business
activities relevant to public utilities involved in the tendering process;
based on regulatory provisions of specialized law that are applied to service
supply bidders or contractors in the sectors eligible for licenses or permits
granted by the Government and other bidding conditions prescribed in relevant
law (if any), bidders or contractors can bid for contracts to administer public
utilities according to the list shown in Appendix II hereto by employing the
following bidding methods:
a) Method of open tendering for contracts to
produce and supply public utilities that is prescribed in Article 20 in the Law
on Bidding, except as provided in point b of clause 1 of Article 21 herein;
b) Method of restricted tendering for contracts to
produce and supply public utilities that is prescribed in Article 21 in the Law
on Bidding.
2. Tendering and other relevant regulations
regarding production and supply of public utilities shall be aligned with the
regulations laid down in the Law on Bidding, the Government’s Decree No.
63/2014/ND-CP dated June 26, 2014, elaborating on implementation of several
Articles of the Law on Bidding regarding selection of contractors and
regulatory documents prescribing amendments or supplements thereto (if any);
other relevant law.
Chapter IV
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Article 22. Setting the budget
1. Setting budget expenditures on commissioning,
ordering or tendering for public goods and services shall be subject to
regulations of the Law on State Budget, regulatory documents on instructions
for implementation of the Law on State Budget, regulatory provisions of other
relevant law and this Decree.
2. Setting budget expenditures
a) Every year, based on public services classified
in detail by their amount, quantity, unit price, price, budget for the
preceding year (in case of commissioning or ordering the public good or
service), tendering in the preceding year (in case of tendering the public good
or service) and anticipated changes in input cost elements; according to the
guidelines of Ministries, central authorities and provincial People's
Committees, all-level budgetary units estimate expenditures on supply of public
services while their budgets are set; shall include these expenditures in their
budget proposals submitted to superior managing bodies in accordance with
regulations;
b) Superior managing bodies review these submitted
budget proposals before integrating them into the final budgets to be submitted
to same-level financial regulators and other relevant authorities in accordance
with regulatory provisions of the Law on State Budget. For public services that
the Government orders or commissions at the non-inclusive prices, state grants
offset against costs not yet included in the price of the public service in
question must be included in the budget; For public goods and services, state
budget expenditures used as the state subsidy must be included in the budget.
Where public goods and services are on the list of
paid public goods and services, budgetary units must include fees or charges
retained for provision and supply of services and collection of fees and
charges under law on fees and charges.
Article 23. Dividing up and allocating the
budget
1. Dividing up the budget to spend on commissioning
and ordering public goods and services, and allocating it by a superior
managing body to a state-owned public service unit; dividing up the budget to spend
on ordering and purchasing or tendering for public goods and services, and
allocating it by a superior managing body to other public service provider; a
producer or supplier of a public good or service (or the budget for
commissioning a public good or service where prescribed in specialized law)
shall be subject to the Law on State Budget, written documents providing
guidance on implementation of the Law on State Budget, regulatory provisions of
other relevant law and this Decree.
2. Based on the budget allocated by a competent
authority, the superior managing body shall divide up that budget and allocate
it to its directly-affiliated units, clearly distinguishing part of the budget
used as funding for commissioning, ordering or tendering for supply of
state-funded public services from part of the budget used as the subsidy on
public goods and services.
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3. The act of allocating the budgets for ordering
state-funded public services to state-owned public service units shall be
performed according to the calculation schedule of prices of public services
prescribed in regulatory provisions in force.
Article 24. Implementing the budget
1. Disbursing budgeted funds for the commissioning
process
According to the budgets allocated by competent
authorities; spending rules and regulations in force; performance testing
results; and other relevant documents (if any), state-owned public service
units are entitled to advances and payments in accordance with the Law on State
Budget and other regulations in force.
Where specialized law prescribes the act of
commissioning public utilities, disbursement of funds for commissioning these
public utilities shall be subject to the Law on State Budget, specialized law,
other relevant law and regulatory provisions in force.
2. Disbursing budgeted funds for the ordering and
tendering process
a) For budgeted funds for ordering public goods and
services from state-owned public service units: Based on the budget allocated
by a competent authority; the decision to place an order issued by a superior
managing body to a state-owned public service unit; unit and total price of
public good or service on order; report on acceptance testing of the public
good or service that has been produced or supplied under regulations of the
competent authority; annual performance testing report (by using Form No. 02
attached hereto); other relevant documents (if any), the state-owned public
service unit receiving the order is entitled to advances or payments prescribed
in the Law on State Budget and other regulatory provisions in force.
b) For budgeted funds for implementation of
agreements to purchase and tender for public goods and services from other
public service providers; producers or suppliers of public utilities: Based on
the budgets allocated by competent authorities; the agreements entered into
between purchasers and suppliers of other public service providers; producers
or suppliers of public utilities; unit prices, total prices, subsidies, selling
prices; product acceptance testing reports required by competent authorities;
annual contract acceptance testing and discharge reports (by using Form No. 04
attached hereto); other relevant documents (if any), contracting agencies can
give advances and payments to suppliers winning orders according to the Law on
State Budget, specialized law, other relevant law and regulatory provisions in
force.
3. Funds for placement of orders and conclusion of
agreements to provide public goods and services; surpluses (the amount by which
the amount of money received is greater than the amount of money spent) arising
from such placement of orders and conclusion of agreements (if any) shall be
subject to the following regulations:
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b) Suppliers of other public services; producers
and suppliers of public utilities can, at their discretion, decide these
amounts in accordance with law in force and regulatory provisions of
specialized law (if any); must fulfill their financial obligations to the
Government.
4. After completion of the commissioning, ordering
or tendering process, if the results of the acceptance testing conducted by the
superior managing body indicate that the acquired public good or service fails
to meet the prescribed requirements; the amount or quantity thereof is
inadequate as expected; or there is any reason to suspend or cease the
commissioning, ordering or tendering process, actions to transfer, dispose of
or withdraw budgeted funds in surplus shall be taken in accordance with the Law
on State Budget and written instructional documents thereof.
Article 25. Accounting for budgeted funds
1. Public service units shall record budgeted funds
for commissioning and ordering public services in the final accounts of
budgetary units that are submitted to superior managing bodies for their
approval and review in accordance with regulations of the Law on State Budget
and regulatory provisions in force.
2. Accounting for budgeted funds for implementation
of agreements to purchase and tender for public goods and services from other
public service providers; producers or suppliers of public utilities (or
commissioning funds prescribed in specialized law) shall be as follows: At the
end of each fiscal year, the purchaser and the supplier involved in the
ordering, commissioning and tendering process shall conduct the contract
acceptance testing and discharge; shall keep accounts of budgeted funds under
the Law on State Budget, specialized law, other relevant law and regulatory
provisions in force.
As per terms and conditions of the agreement
already in effect; the budget allocated by the competent authority; the
decision on unit and total prices of the public good or service to be ordered
(or to be commissioned) of the competent authority, and the selling price
regulated by the State; the subsidy; the report on contract acceptance testing
and discharge and other relevant documents (where available), the agency ordering,
tendering for (or commissioning) the public good or service shall disburse and
account for budgeted funds for the commissioning, ordering or tendering process
that are allocated to other public service providers; producers or suppliers of
public utilities; and proceed to collaborate with the state budget in
completing the final accounts of these budgeted funds in accordance with
regulations in force.
Chapter V
IMPLEMENTATION
Article 26. Responsibilities of Ministries,
central authorities and all-level People’s Committees
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a) Solicit the Prime Minister to give his consent
to releasing, amending or supplementing classification lists of state-funded
public services under the jurisdiction of Ministries or central authorities;
classification lists of public utilities of Ministries or central authorities
in accordance with Article 5 herein in order to ensure that they are adapted
for use over time;
b) Release, amend and supplement the followings under
their respective authority:
- Economic – technical norms or cost norms (if any)
applied to public goods and services that are used as a basis to determine and
announce unit prices and total prices of public goods and services.
- Unit prices, total prices of public goods and
services; subsidies on public utilities of Ministries and central authorities
that are subject to price and other relevant law.
- Quality criteria and standards of public goods
and services; supervision, assessment and quality inspection mechanisms, rules
and regulations on examination and acceptance testing of public goods or
services under their jurisdiction.
c) Solicit the Prime Minister to give his consent
to releasing, amending or supplementing classification lists of particular
state-funded public services prescribed in clause 3 of Article 7 herein (if
any).
2. Responsibilities of provincial People’s
Committees
a) Adopt, amend or supplement classification lists
of state-funded public services; classification lists of public utilities under
their jurisdiction in accordance with Article 5 herein in order to ensure that
they are adapted for use over time;
b) Adopt, amend and supplement economic – technical
norms or cost norms (if any) applied to public goods and services that are used
as a basis to determine and announce unit prices and total prices of public
goods and services; Quality criteria and standards of public goods and
services; supervision, assessment and quality inspection mechanisms, rules and
regulations on examination and acceptance testing of public goods or services
under their jurisdiction;
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3. Ministry of Labor, War Invalids and Social
Affairs shall take charge of and cooperate with the Ministry of Home Affairs,
the Ministry of Finance and other relevant Ministries and agencies in providing
instructions about personnel wages or salaries included in costs or values and
unit prices of public goods and services shown in Appendix II; personnel wages
or salaries included in unit prices of state-funded public goods and services
shown in Chart 02 of Appendix I to this Decree for businesses that are awarded
contracts through the ordering or tendering (or commissioning, once provided in
specialized law) process.
4. Ministers, Heads of Ministerial-level agencies,
Presidents of provincial People’s Committees shall, based on general
regulations on commissioning, ordering or tendering for state-funded public
services; public utilities specified in Chapter II and III herein (including
information shown in Forms attached hereto), elaborate on and supplement
regulations on the commissioning, ordering or tendering process (where
necessary) in order to ensure that they are conformable with management
requirements and particular characteristics of specific sectors and other
regulatory provisions of relevant law.
5. The Ministry of Health shall seek the Prime
Minister’s decision on ordering state-funded medical examination, treatment and
prophylaxis services by state health regulators from health establishments
controlled by military units based in border or island areas where civil health
services are suffering a lot of disadvantages, leading to failure to meet
medical needs of the population; health military health services are provided
by applying the combined civil-military healthcare model.
6. Ministries, central authorities and all-level
People's Committees shall play a command and managerial role in, or authorize
their directly-controlled agencies to perform, the process of commissioning,
ordering or tendering form public goods and services; shall bear responsibility
for effective use of budgeted funds for carrying out these processes under
their jurisdiction, and for contractor selection results in accordance with
regulatory provisions of the Law on Bidding.
Article 27. Responsibilities of state-owned
public service units; other public service providers; producers or suppliers of
public utilities
1. State-owned public service units receiving
commissions or orders to supply state-funded public services shall assume the
following responsibilities:
a) Ensure fulfillment of assigned duties specified
in decisions of competent authorities;
b) Bear responsibility to their superior managing
bodies for the public goods or services that they administer; avoid ordering
the public services that have been ordered by their superior managing bodies
from other units;
c) Bear legal responsibility for validity and
legitimacy of public good and service supply dossiers and plans.
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a) Conclude contracts or agreements in accordance
with law (or be entitled to commissions in accordance with specialized law);
b) Receive payments or charges at the prices or
subsidies stated in agreements or contracts in effect, specialized law and
other regulatory provisions of relevant law;
c) Offset the costs that they incur at their own
expense to make these costs equal to the bid-winning prices at which they are
awarded contracts to provide public goods and services;
d) Bear responsibility to agencies ordering,
tendering for (or commissioning) public goods and services for the provided
ones;
dd) Bear legal responsibility for validity and
legitimacy of public good and service supply dossiers and plans.
Article 28. Inspection and supervision
1. Ministries, central authorities and all-level
People’s Committees
a) Heads of central authorities shall be
responsible for directing, inspecting, monitoring and supervising performance
of Ministries and central authorities involved in the process of commissioning,
ordering and tendering for public goods and services funded by the central
government budget;
b) Presidents of all-level People’s Committees
shall be responsible for directing, inspecting, monitoring and supervising
performance of local authorities involved in the process of commissioning,
ordering and tendering for public goods and services funded by the local
government budget.
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a) The Ministry of Finance shall collaborate with
Ministries and central authorities in inspecting the process of commissioning,
ordering and tendering for public goods and services under the spending duties
of the central government budget;
b) All-level local financial regulators shall
collaborate with local specialized regulatory authorities in inspecting the
process of commissioning, ordering and tendering for public goods and services
under the spending duties of the local government budget;
c) All-level State Treasuries shall consult
decisions on commissioning, ordering and tendering for public goods and
services; budgets allocated by competent authorities; decisions and agreements
binding on the ordering and tendering process; product acceptance testing
reports; reports on acceptance testing of the ordered public goods or services;
contract acceptance testing and discharge reports; other related documents
prescribed herein, regulatory provisions of specialized law and relevant law to
control spending of, and disburse budgeted funds for commissioning and ordering
public goods and services to, state-owned public service units administering
these public goods and services; or shall consult contracts or agreements
binding upon the ordering, tendering (or commissioning) process to control
spending of, and disburse budgeted funds for commissioning and ordering public
goods and services to, other public service providers; producers or suppliers
of public utilities in accordance with the Law on State Budget and other regulatory
provisions in force.
Article 29. Grandfather clause
If state-funded public services; public utilities
have been already commissioned, ordered or tendered for by superior managing
bodies before the entry into force of this Decree, regulations laid down in the
Government’s Decree No. 130/2013/ND-CP dated October 16, 2013 on production and
supply of public utilities; the Prime Minister’s Decision No. 39/2008/QD-TTg
dated March 14, 2008, setting forth regulations on tendering, ordering and
commissioning state-funded public services, shall be applied until completion
of the duties assigned by superiors; discharge of purchase agreements or
contracts to supply public goods and services.
Article 30. Entry into force
1. This Decree shall come into force as from June
1, 2019, and apply in the 2019 budget year.
2. The Government’s Decree No. 130/2013/ND-CP dated
October 16, 2013 on production and supply of public utilities; and the Prime
Minister’s Decision No. 39/2008/QD-TTg dated March 14, 2008, setting forth
regulations on tendering for, ordering and commissioning state-funded public
services, shall be superseded by this Decree.
3. Ministers, Heads of Ministry-level agencies,
Heads of Governmental bodies, and Presidents of People’s Committees of
centrally-affiliated cities and provinces, shall be responsible for enforcing
this Decree./.
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PP. GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX I
STATE-FUNDED PUBLIC
SERVICES OBTAINED THROUGH THE COMMISSIONING, ORDERING OR TENDERING PROCESS
(To the
Government’s Decree No. 32/2019/ND-CP dated April 10, 2019)
Chart 01
CLASSIFICATION OF
STATE-FUNDED PUBLIC SERVICES OBTAINED THROUGH THE COMMISSIONING, ORDERING OR
TENDERING PROCESS BY SECTORS OR INDUSTRIES
No.
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Commissioning,
ordering or tendering method
I
Education and training sector
1
Preschool and universal education services
Commissioning/ordering
2
Pedagogy intermediate and junior college
education services
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3
Higher education services
Commissioning/ordering
4
Continuing education services
Commissioning/ordering
5
Personnel training and education services
Commissioning/ordering
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Other services
Commissioning/ordering/tendering
II
Vocational education sector
7
Junior college degree training services
Commissioning/ordering
8
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Commissioning/ordering
9
Elementary degree vocational training or
less-than-three-month vocational training services
Commissioning/ordering
10
Vocational training services for arduous, toxic
and hazardous occupations
Commissioning/ordering
III
Health – population sector
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11
Preventive health and primary health care
services
Commissioning/ordering
12
Medical examination, treatment and rehabilitation
services
Commissioning/ordering
13
Testing and verification services
Commissioning/ordering/tendering
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Inspection services
Commissioning/ordering/tendering
15
Other medical services
Commissioning/ordering/tendering
IV
Information and communication sector
16
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Commissioning/ordering/tendering
17
Telecommunications and internet services
Commissioning/ordering/tendering
18
Postal services
Commissioning/ordering/tendering
19
Information technology services
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20
Other services
Commissioning/ordering/tendering
V
Culture, family, sports and tourism sector
21
Cultural services
Commissioning/ordering/tendering
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Family services
Commissioning/ordering/tendering
23
Sports and physical activity services
Commissioning/ordering/tendering
24
Tourism services
Commissioning/ordering/tendering
25
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Commissioning/ordering/tendering
VI
Science and technology sector
26
Science and technology services
Commissioning/ordering/tendering
27
Standard, metrology and quality services
(including technical standards and regulations)
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28
Intellectual property services
Commissioning/ordering/tendering
29
Science and technology potentials development
services (including scientific and technological information)
Commissioning/ordering/tendering
30
Atomic energy, radiation and nuclear safety
services
Commissioning/ordering/tendering
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Environmental protection sector
31
Environmental services
Commissioning/ordering/tendering
32
Nature and biodiversity conservation services
Commissioning/ordering/tendering
VIII
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A
Agriculture and rural development subsector
33
Crop services
Commissioning/ordering/tendering
34
Livestock services
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35
Plant protection services
Commissioning/ordering/tendering
36
Animal health services
Commissioning/ordering/tendering
37
Fishery services
Commissioning/ordering/tendering
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Forestry services
Commissioning/ordering/tendering
39
Irrigation and hydraulic services
Commissioning/ordering/tendering
40
Natural disaster response services
Commissioning/ordering/tendering
41
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Commissioning/ordering/tendering
42
Other services
Commissioning/ordering/tendering
B
Transport subsector
43
Road services
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44
Inland waterway services
Commissioning/ordering/tendering
45
Maritime services
Commissioning/ordering/tendering
46
Air services
Commissioning/ordering/tendering
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Rail services
Commissioning/ordering/tendering
48
Other services
Commissioning/ordering/tendering
C
Natural resource and environment subsector
49
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Commissioning/ordering/tendering
50
Geodesy and cartography services
Commissioning/ordering/tendering
51
Geology and mineral services
Commissioning/ordering/tendering
52
Water resource services
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53
Meteorology, hydrology and climate change
services
Commissioning/ordering/tendering
54
Marine and island resource general management
services
Commissioning/ordering/tendering
55
Commissioning/ordering/tendering
56
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Commissioning/ordering/tendering
D
Industry and trade subsector
57
Electricity, energy saving and efficiency
services
Commissioning/ordering/tendering
58
Chemical services
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59
Competition management services
Commissioning/ordering/tendering
60
E-commerce services.
Commissioning/ordering/tendering
61
Industrial extension and trade promotion services
Commissioning/ordering/tendering
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Other services
Commissioning/ordering/tendering
DD
Construction subsector
63
Formulation of planning proposals under
decentralized authority that falls out of the national planning system
prescribed in the Law on Planning
Commissioning/ordering/tendering
64
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Commissioning/ordering/tendering
65
Database construction, surveying and creation of
construction maps
Commissioning/ordering/tendering
66
Construction, data collection and maintenance of
state management database in the construction sector, and development of
electronic web portals
Commissioning/ordering/tendering
67
Statistical investigation services
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68
Other services
Commissioning/ordering/tendering
E
Labor, war invalids and social affairs
subsector
69
Care for people rendering meritorious services
Commissioning/ordering
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Employment services
Commissioning/ordering/tendering
71
Sending workers abroad
Commissioning/ordering/tendering
72
Social assistance, child protection and child
care; social services at social protection establishments
Commissioning/ordering
73
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Commissioning/ordering/tendering
74
Occupational safety and health services
Commissioning/ordering/tendering
G
Judicial subsector
75
Legal assistance services
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76
Other services
Commissioning/ordering/tendering
H
Other subsectors
77
Marine rescue services
Commissioning
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Others
Commissioning/ordering/tendering
* Authority to issue the detailed classification
list of state-funded public services by specific industries or sectors falling
within the remit of Ministries, central authorities and local authorities as
shown in Chart 01 shall be subject to point a of clause 3 and clause 6 of
Article 22 in the Government’s Decree No. 16/2015/ND-CP dated February 14,
2015, prescribing the autonomy mechanism of state-owned public service units
and Appendix to the Prime Minister’s Decision No. 695/QD-TTg dated May 21, 2015
regarding the Plan of action for implementation of the Government’s Decree No.
16/2015/ND-CP and written documents stating amendments and supplements thereto
(if any).
Chart 02
SEVERAL
CLASSIFICATION LISTS OF STATE-FUNDED PUBLIC SERVICES OBTAINED THROUGH THE
ORDERING OR TENDERING PROCESS
I. CLASSIFICATION LIST OF STATE-FUNDED PUBLIC
SERVICES OBTAINED THROUGH THE ORDERING PROCESS
1. Printing banknotes and valuable papers; minting
coins; printing, casting gold bullion.
2. Maritime safety; coastal information services.
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4. Port and terminal operation services.
II. CLASSIFICATION LIST OF STATE-FUNDED PUBLIC
SERVICES OBTAINED THROUGH THE ORDERING OR TENDERING PROCESS
1. Management and maintenance of road
infrastructure; operation and commercial use of road ferry terminals (if
economic – technical norms and unit prices of these services are adopted by
competent authorities for use as a basis to order them from enterprises).
2. Inland waterway management and maintenance.
3. Management of parks; cultivation, management and
care of ornamental trees on sidewalks and streets; at medians and roundabouts.
4. City street lighting services.
5. Collection, sorting, transportation and
treatment of waste and public hygiene.
6. Production of radio and television programs,
thematic documentaries, feature films ordered or sponsored by the government.
7. Internet radio and television services for
overseas Vietnamese.
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APPENDIX II
CLASSIFICATION LISTS
OF PUBLIC UTILITIES OBTAINED THROUGH THE ORDERING OR TENDERING PROCESS
(To the Government’s Decree No. 32/2019/ND-CP dated April 10, 2019)
I. PUBLIC UTILITIES OBTAINED THROUGH THE
ORDERING PROCESS
1. Management and operation of large irrigation and
hydraulic projects; irrigation and hydraulic projects of critical importance;
provision of irrigation and hydraulic public utilities stipulated in law on
irrigation.
2. Supply of electricity and clean water in
mountainous, isolated, remote, border and island areas.
3. Vaccines and biologicals: (i) available for use
in the prevention and control of group A and group B communicable diseases
prescribed according to the Law on Prevention and Control of Infectious
Diseases; (ii) available for use in the expanded immunization program; (iii)
made by only one domestic producer.
4. Several other public utilities made available
according to the Prime Minister’s decision.
* With regard to the public utilities stated in
paragraph 1 above that are obtained through the ordering process, if any
specialized law allows them to be obtained through the commissioning method,
they can be produced or supplied through the commissioning method;
notwithstanding, the ordering method is recommended to procure this type of
public utility.
II. PUBLIC UTILITIES OBTAINED THROUGH THE
ORDERING OR TENDERING PROCESS
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2. Urban public transit services.
3. Drainage services for cities and concentrated
rural residential areas.
4. Urban funeral and cemetery services.
5. Production, supply and storage of plant
varieties, livestock breeds and aquatic breeds.
6. Industrial-scale plasma extracts (e.g. Albumin,
Gammaglobulin, clotting factor concentrates).
7. Manufacturing of HCG reproductive hormone
products for fish.
8. Transportation and supply of essential goods and
services for people in mountainous, remote and isolated areas.
9. Logistics services for offshore fishing.
10. Management, operation and maintenance of storm
shelters for fishing boats.
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Form No. 01
NAME OF THE
IMMEDIATE SUPERVISORY BODY (IF ANY)
NAME OF THE PURCHASING AGENCY
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………/QD-....
…,
day…month…year…
DECISION ON
ORDERING STATE-FUNDED PUBLIC SERVICES
ISSUING AUTHORITY1
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Pursuant to the Decree/Decision…, stipulating
functions and duties of…
Pursuant to the Decision on the year…budget
Pursuant to…
Upon the request of…
HEREIN DECIDES
Article 1. To order the public service
funded by the year…state budget from the state-owned public service unit....
This Decision must be composed of the following information:
1. Name of the public service funded by the state
budget on order…
a) Quantity and amount of public services on order.
b) Quality of the ordered public service.
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d) Unit price and total value of the ordered public
service stated in the competent authority’s decision.
dd) Order budget composed of the followings in
detail:
- State budget funding for placement of the order
(at the all-inclusive price) or state grants used for offsetting part of the
costs not yet included in the to-be-ordered public service price or charge (at
the non-inclusive rate).
- Fees or charges retained to pay for service
provision or fee or charge collection according to law on fees and charges.
- Revenue earned from administering the public
service on order at the prices of public services set by the Government.
- Other funding sources (if any).
e) Payment and accounting method;
g) Product testing and transfer method;
h) Rights and obligations of the supplier;
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k) In addition, interested parties may require
additional information provided that such information do not violate law.
* Apart from the order information above,
Ministries, central and local authorities may add several other information
about the order that they place in order to conform to managerial requirements
in specific sectors or details about the order as prescribed in specialized law
(if any).
2. Name of the classification list of public
services funded by the state budget… (as shown in paragraph 1 above).
3. Name of the classification list of public
services funded by the state budget… (as shown in paragraph 1 above).
Article 2. In reference to the basis
for ordering the public service funded by the state budget, the supplier’s Head
shall stick to those shown in Article 1 herein, regulations of the Law on State
Budget and regulatory provisions of relevant law.
Article 3. This Decision shall enter into
force as from the signature date. Heads of relevant agencies and the supplier’s
Head shall be responsible for implementing this Decision./.
Recipients:
- As mentioned in Article 3;
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SIGNATORY’S
POWERS AND TITLE
(Sign and seal)
Full name
____________________
1 Ministry, central authority,
provincial People’s Committee, district People’s Committee or
directly-controlled managing body that is granted authorization to issue the
decision.
Form No. 02
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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…,
day....month....year....
ACCEPTANCE TESING
REPORT
...
...
...
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Pursuant to the Government’s Decree No. / /ND-CP
dated (day…month…year…), prescribing the act of commissioning, ordering and
tendering for public-sector goods and services funded by the state budget's
regular expenditures;
Pursuant to the Decree/Decision, stipulating
functions and duties of…
Pursuant to the Decision No…of the Ministry,
central authority, provincial People’s Committee, district People’s Committee
or the directly-controlled managing body that is authorized to order the
state-funded public service from the state-owned public service unit...
Pursuant to the acceptance testing report and
transfer note of the ordered state-funded public service…
Pursuant to ………………………………………………………………………………………………
Today, on day…month…year…, we, the undersigned
including:
- Purchaser’s representative:
+ Mr./Mrs. ………………………………………., title …………………………………………
+ Mr./Mrs. ………………………………………., title …………………………………………
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- Supplier’s representative:
+ Mr./Mrs. ………………………………………., title …………………………………………
+ Mr./Mrs. ………………………………………., title …………………………………………
+ ……………………………………………………………………………………………………
are herein agreed on the acceptance testing of the
ordered state-funded public service as follows:
1. Name of the state-funded public service on order
…
a) Quantity and amount of public services on order.
b) Tested quantity and amount.
c) Quality of the ordered public service.
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dd) Unit price and total value adjusted according
to the competent authority’s decision (if any).
e) Order budget specified in the order-placing
decision.
g) Accounting for ordering costs (specifying the
amount and quantity of the public service administered over time and by unit
price, total value, or unit price and total value adjusted under the competent
authority’s decision).
h) Follow-up budget or budget surplus to be
returned.
i) Others (if any).
* Purchaser’s comments.
* Supplier’s comments.
2. Name of the state-funded public service on order
… (the same as paragraph 1 above).
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(Sign and seal)
Full name
PURCHASER’S
REPRESENTATIVE
(Sign and seal)
Full name
Form No. 03
No …/ HDKT
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…, day...
month... year ...
...
...
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AGREEMENT ON
PROVISION OF STATE-FUNDED PUBLIC SERVICE (OR PRODUCTION AND SUPPLY OF PUBLIC
UTILITY)
Pursuant to the Civil Code;
Pursuant to the Government’s Decree No. / /ND-CP
dated (day…month…year…), prescribing the act of commissioning, ordering and
tendering for public-sector goods and services funded by the state budget's
regular expenditures;
Pursuant to the Decree/Decision…, stipulating
functions and duties of…
Pursuant to the Decision on the year…budget
Pursuant to …………………………………………………………………………………………
Today, on day…month…year…, we, the undersigned
including:
- Party A: (The purchaser: …………………..…….……..)
+ Address: ………………………………………………………………………………………….
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+ Tax identification number (where available):
……………………. …………………………………………………………………………..
+ Account info: ………………………………………………………………………………………
+ Represented by Mr. (Mrs.):
……………………………………………………………………………………..
+ Title: ………………………………………………………………………….
- Party B (the Supplier: ………………………………………….)
+ Address: …………………………………………………………………………………………..
+ Telephone number: ………………………………………., Fax:
……………………………..
+ Tax identification number:
……………………………………………………………………….
+ Account info: ………………………………………………………………………………………
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+ Title: ………………………………………………………………………….
After entering into discussions, both parties agree
to sign the purchase agreement, including the following terms and conditions:
Article 1. Agreement content
1. Name of the state-funded public service on order
(or the public utility on order):
a) Quantity and amount on order.
b) Product quality.
c) Start date and completion deadline.
d) Unit price and total value of the order stated
in the competent authority’s decision.
dd) Contract value composed of the followings in
detail:
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- Fees or charges retained to pay for service
provision or fee or charge collection according to law on fees and charges.
- Revenue earned from administering the public
service on order at the prices of public services set by the Government.
- Other funding sources (if any).
e) Payment and accounting method.
g) Product testing and transfer method.
h) Rights and obligations of the supplier.
i) Rights and obligations of the purchaser.
k) Responsibilities of the contracting parties in
case of breach and settlement mechanism.
l) In addition, both parties may add several other
information provided that such information do not violate law.
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- Amount and quantity of the subsidized public
utility.
- Subsidy limit, received amount of subsidy.
- Sales generated and expenses incurred from
production and supply of the public utility.
- Reasonable costs of production and supply of the
public utility.
- Selling price; value of the ordered public
utility.
- Delivery time, location, method.
- Responsibilities of the contracting parties in
case of breach and settlement mechanism.
- Other information specified in specialized law
(if any).
3. Apart from the order information specified in
paragraph 1 and 2 above, Ministries, central and local authorities may add
several other information to purchase agreements in order to ensure conformity
to managerial requirements in specific sectors or consistency with details
given in the sample agreement prescribed in specialized law (if any).
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Article 3. Other clauses ……………………………………………………………….
PARTY B’S
REPRESENTATIVE
(Sign and seal)
Full name
PARTY A’S
REPRESENTATIVE
(Sign and seal)
Full name
Form No. 04
No.:…/BBTLHD
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..., day...
month... year...
CONTRACT
ACCEPTANCE TESTING AND DISCHARGE REPORT
Regarding
provision of the state-funded public service (or production and supply of the
public utility)
Pursuant to the Civil Code;
Pursuant to the Government’s Decree No. / /ND-CP
dated (day…month…year…), prescribing the act of commissioning, ordering and
tendering for public-sector goods and services funded by the state budget's
regular expenditures;
Pursuant to the Decree/Decision………………………………………………………………..
Pursuant to the Agreement No.
…………………………………………………………………
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...
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Pursuant to the report on acceptance testing and
transfer of the ordered good ………….
Pursuant to ………………………………………………………………………………………..
Today, on day…month…year…, we, the undersigned,
including:
- Party A: (The purchaser: …………………………………)
+ Address: ………………………………………………………………………………………..…
+ Telephone number: ……………………………………….., Fax:
……………………………
+ Tax identification number (where available):
…………………………………………………
+ Account info: ……………………………………………………………………………………..
+ Represented by Mr. (Mrs.): …………………………………………………………………….
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- Party B (the Supplier: ……………………………………………)
+ Address: ………………………………………………………………………………………….
+ Telephone number: ……………………………………….., Fax:
……………………………
+ Tax identification number: ………………………………………………………………………
+ Account info: ……………………………………………………………………………………..
+ Represented by Mr. (Mrs.): ……………………………………………………………………..
+ Title: ………………………………………………………………………….
Are agreed to acceptance testing and discharge of
the agreement on provision of the state-funded public service (or production
and supply of the public utility), including the following information:
- Amount and quantity specified in the agreement:
………………………………..
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- Unit price, total price of the ordered good
according to the agreement: ……………………………………………….
- Unit price and total value adjusted according to
the competent authority’s decision (if any): ………………
- Contract value: …………………………………………………………………………………
- Amount paid ………………………………………………………………………………..
- Disbursed amount: ……………………………………………………………………..
- Follow-up budget or budget surplus to be
returned: ………………………………
* With respect to the agreement on production and
supply of the public utility, the following information may be added:
- Agreed-upon subsidy amount:
…………………………………………………………
- Tested subsidy amount: ………………………………………………
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- Follow-up subsidy or subsidy surplus to be
returned: ………………………………
* Others (if any).
* Purchaser’s (Party A’s) comments:
………………………………………………
* Supplier’s (Party B’s) comments:
…………………………………………………….
PARTY B’S
REPRESENTATIVE
(Sign and seal)
Full name
PARTY A’S REPRESENTATIVE
(Sign and seal)
Full name
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