Circular No. 01/2011/TT-BKHĐT detailing the inspection of tendering activities

CIRCULAR

Detailed regulations on inspection of tendering activities

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;

Pursuant to Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of contractors under the Construction Law;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment hereby provides detailed regulations on inspection of tendering activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates inspection of tendering activities in accordance with the provisions of the Law on Bidding, including the inspection of activities such as issuing guidance documents on bidding by ministries, sectors, localities, and enterprises; training on bidding; developing and approving bidding plans; organizing contractor selection; signing contracts; and other related bidding activities.

Article 2. Applicability

Organizations and individuals participating in inspection activities of tendering work belong to agencies with functions and tasks to carry out inspections and organizations and individuals subject to inspection.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Inspection of tendering activities is an activity carried out according to annual plans (regular inspection plans) or when there is an urgent request from the Prime Minister, the Chairman of the People's Committee of provinces and centrally governed cities, or the authorized person of the agency responsible for inspecting tendering activities, with the aim of managing, directing, and correcting tendering activities to ensure accelerated progress, enhanced effectiveness of tendering work, and timely detection, prevention, and handling of violations of laws on bidding.

2. The agency responsible for inspecting tendering activities (referred to as the Inspection Agency) includes ministries, ministerial-level agencies, government agencies, other central agencies; provincial Departments of Planning and Investment, sectoral departments at local levels, district People's Committees in provinces and centrally governed cities; State-owned economic groups, state-owned corporations, and state-owned enterprises.

3. The authorized person of the inspection agency is the Minister, head of a ministerial-level agency, head of a government agency, other central agencies; Director of the Department of Planning and Investment, directors of sectoral departments in provinces and centrally governed cities; Chairmen of district People's Committees; leaders of State-owned economic groups, state-owned corporations, and state-owned enterprises.

4. The leading unit for inspecting tendering activities (referred to as the Leading Unit for Inspection) is the agency or unit assigned to perform the function and task of inspecting tendering activities within the inspection agency.

5. The inspected entity is the agencies and units with the function and task of managing bidding; implementing bidding training; conducting bidding; and other related activities.

6. The time for conducting inspection is the period from the day the inspection agency begins direct inspection at the inspected entity's premises until the inspection team submits the inspection report to the authorized person of the inspection agency for issuance of the inspection conclusion.

Article 4. Principles of organizing inspection activities

1. Inspection of tendering activities must be carried out through a specific coordination mechanism between inspection agencies as provided for in Clause 2 of Article 3 of this Circular to avoid overlapping and duplication of inspections.

2. In cases where the regular inspection plan of the Ministry of Planning and Investment and one or more inspection agencies as provided for in Clause 2 of Article 3 have the same inspected entity, the Ministry of Planning and Investment will be the inspection agency for that inspected entity, and the remaining inspection agencies will adjust and replace with another inspected entity.

3. In cases where the regular inspection plan of the Provincial Department of Planning and Investment and one or more inspection agencies at the local level have the same inspected entity, the Provincial Department of Planning and Investment will be the inspection agency for that inspected entity, and the remaining inspection agencies will adjust and replace with another inspected entity.

Article 5. Forms of Inspection

1. Regular inspection is the conduct of inspection according to an annual plan approved by the authorized person of the inspection agency.

2. Urgent inspection is the conduct of inspection based on individual cases (when there are issues, recommendations, requests) according to the requirements of the Prime Minister, the Chairman of the People's Committee of provinces and centrally governed cities, or the authorized person of the inspection agency.

Article 6. Inspection Methods

1. On-site inspection is a method conducted through the establishment of an inspection team by the inspection agency. The inspection team conducts direct inspection at the inspected entity's premises and relevant locations concerning management and implementation of activities related to bidding as stipulated in Article 1 of this Circular. On-site inspection is the main method applied in inspection activities of tendering work.

2. Request for reporting is a method conducted through the inspection agency requesting the inspected entity to submit a report in writing. Request for reporting is the main method applied in specific cases serving timely direction and control for each target during a specific phase according to the authority of the leadership of agencies at all levels.

Depending on specific tasks, an inspection may be conducted using one or combining both of the above inspection methods.

Article 7. Time for conducting inspections

1. The time for direct inspection at the premises of an inspected entity shall not exceed five working days. Within twenty days from the end date of the direct inspection at the premises of the inspected entity, the Inspection Team must submit the Inspection Report to the authorized person of the inspection agency to issue the inspection conclusion in accordance with Article 16 of this Circular.

2. In cases where the inspection is complex and involves multiple inspected entities, the time for direct inspection at the premises of each inspected entity shall not exceed fifteen days, including no more than five working days for the direct inspection at the premises of one inspected entity. Within twenty-five days from the end date of the direct inspection at the premises of the inspected entities, the Inspection Team must submit the Inspection Report to the authorized person of the inspection agency to issue the inspection conclusion in accordance with Article 16 of this Circular.

Article 8. Requirements for individuals participating in inspections

Individuals may only participate in inspections if they meet the following conditions:

1. Understanding laws on bidding;

2. Having at least two years of direct experience in the bidding field within organizations such as bidding management agencies; tendering invitation parties; bidding expert teams; appraisal agencies or other related activities; specifically, the Head of the Inspection Team must have at least three years of direct experience in the bidding field;

3. Holding a certificate from training courses on bidding issued by training institutions in accordance with the provisions of the law on bidding;

4. Possessing language proficiency required when conducting inspections of international bidding packages or bidding packages under projects using ODA funds.

Article 9. Budget for inspection implementation

The budget for inspection implementation is allocated from the annual regular expenditure provided by the state budget for ministries, agencies equivalent to ministries, government agencies, central-level agencies; provincial Planning and Investment Departments, local departments, People's Committees of districts and counties under provinces and centrally-administered cities.

Economic Groups, State Corporations, and State Enterprises allocate the budget for inspection implementation from the capital managed by these economic groups, corporations, and enterprises.

Chapter II

ORGANIZATION OF INSPECTION ACTIVITIES

Section 1 PLAN AND DECISION ON INSPECTION

Article 10. Establishment, adjustment, and notification of periodic inspection plans

1. Based on the situation of bidding work implementation each year, the leading inspection unit establishes a periodic inspection plan for the next year to be submitted to the authorized person of the inspection agency for approval as the basis for implementation. The periodic inspection plan includes the following contents:

a) List of units, projects (if any) to be inspected;

b) Time for conducting inspections;

c) Scope and content of inspections;

d) Units to coordinate in inspection (if any).

2. In case there are changes compared to the approved periodic inspection plan, the leading inspection unit establishes an adjusted periodic inspection plan to be submitted to the authorized person of the inspection agency for approval of the adjustment.

3. The periodic inspection plan must be sent to the inspected entity and its superior agency within a maximum of ten days from the date of approval but must ensure at least ten days before the inspection date.

4. The periodic inspection plan of ministries, economic groups, state corporations, and state enterprises, provincial Planning and Investment Departments must be simultaneously sent to the Ministry of Planning and Investment; the periodic inspection plan of local inspection agencies must be simultaneously sent to the provincial Planning and Investment Department to coordinate implementation in accordance with the principle stipulated in Article 4 of this Circular.

Article 11. Establishment, submission, and approval of inspection decision

1. An inspection decision shall be established when there is one of the following grounds:

a) A regular inspection plan approved by the competent authority of the inspection agency;

b) The directive opinion of the Prime Minister, the Chairman of the People's Committee of a province or centrally governed city, or the competent authority of the inspection agency regarding the conduct of surprise inspections.

2. The inspection decision shall be established according to Model No. 1 of the Appendix issued together with this Circular, including the following contents:

a) Grounds for conducting the inspection;

b) Composition of the Inspection Team (Team Leader, Deputy Team Leader, Secretary, and other members);

c) Implementation of the inspection, including the following contents:

- Tasks of the Inspection Team;

- Responsibilities of the Inspection Team Leader.

d) Inspection time;

d) Operating expenses of the Inspection Team;

e) Responsibilities of individuals and units related to the Inspection Team.

3. The competent authority of the inspection agency shall be responsible for reviewing and approving the inspection decision to serve as the basis for conducting the inspection.

Section 2 CONTENTS OF PROCUREMENT INSPECTION

Article 12. Contents of Regular Procurement Inspection

1. Inspect the issuance of guiding and directing documents on procurement work and delegation in procurement according to the following contents:

a) Legal basis for issuing the document;

b) Authority of the agency issuing the guiding and directing document on procurement work;

c) Content of the guiding and directing document on procurement work, especially the contents on delegation, review, and approval in procurement, compliance with higher-level legal documents;

d) Actual situation of applying the document, difficulties and obstacles encountered during implementation (if any);

2. Inspect training activities on procurement according to the following contents:

a) Conditions for organizing procurement training activities: Business registration certificate or establishment decision for entities without a business registration certificate as prescribed by law; suitability of the procurement training faculty with the provisions of law, including registration on the procurement training data system as prescribed, suitability of teaching materials (textbooks and presentation materials) as prescribed;

b) Organization of procurement training activities: instructors, textbooks, lectures, course duration, and other relevant contents; evaluation of learning outcomes and issuance of procurement training certificates, reissuance of procurement training certificates;

c) Archiving of course records and management of student records;

d) Reports on procurement training activities.

3. Inspect procurement training certificates and certificates related to the qualifications of procurement specialist staff.

4. Inspect the establishment and approval of procurement plans according to the following contents:

a) Legal basis;

b) Content of the procurement plan, rationality of tender package division, selection method and bidding method applied to tender packages, contract form, time for selecting contractors;

c) Adjustment of the procurement plan (if any) and reasons for adjustment;

d) Submission and approval of the procurement plan, quality of the review report on the procurement plan.

5. Inspect the organization of contractor selection for tender packages according to the following contents:

a) Compliance with procurement laws and regulations;

b) Compliance with approved legal bases such as procurement plans, prequalification documents, invitation to bid documents, request for proposal documents;

c) Quality of prequalification documents, invitation to bid documents, request for proposal documents, evaluation reports, and review reports on invitation to bid documents and request for proposal documents, selection results;

d) Contract content and compliance with legal bases in contract signing and implementation;

đ) Procedure and progress of implementing tender packages according to the approved procurement plan.

6. Identify existing issues and errors in procurement work and propose remedial measures. In cases where organizations or individuals are found to have violated procurement laws, the inspection report should include recommendations for handling violations in accordance with the law (if any) to the investment decision-maker of the project.

7. Inspect the implementation of procurement work reports.

8. Inspect the implementation of procurement inspection activities as stipulated in this Circular.

Article 13. Contents of Surprise Inspection

Based on the requirements for surprise inspection or the inspection decision, the Head of the Inspection Team shall specify the contents of the inspection accordingly.

Section 3 PROCEDURE FOR INSPECTION THROUGH DIRECT INSPECTION METHODS

Article 14. Preparation for Inspection

Based on the periodic inspection plan or the request for surprise inspection, the leading unit for inspection assigns staff members to be responsible for preparing the inspection, including:

1. Surveying to establish a specific inspection program, including:

a) Contacting the inspected entity to collect initial information and documents about the unit, project, or tender package to be inspected;

b) Determining the participating members of the cooperating unit (if any);

c) Determining the composition of the Inspection Team.

2. Drafting and submitting to the authorized person of the inspection agency for approval of the inspection decision in accordance with Article 11 of this Circular.

3. Drafting a detailed inspection plan: based on the specific situation of the inspection, the Head of the Inspection Team approves the detailed inspection plan in accordance with Clause 1 of Article 22 of this Circular. The detailed inspection plan is drafted according to Model No. 2 of the Appendix issued together with this Circular, including the following contents:

a) Grounds for conducting the inspection;

b) Object of inspection;

c) Purpose of the inspection;

d) Content and scope of the inspection;

đ) Time and location of the inspection;

e) Specific work schedule;

g) Responsibilities and authorities of the inspected entity;

h) Proposing measures to implement the inspection.

4. Drafting a report outline as a basis for the inspected entity to prepare a report: based on the inspection decision and the approved detailed inspection plan, the Head of the Inspection Team organizes the drafting of a report outline requesting the inspected entity to report on bidding activities of the projects and tender packages to be inspected.

5. Notifying the inspected entity, the superior management agency of the inspected entity, and related units in writing about the inspection (including the inspection decision, detailed inspection plan, and report outline).

6. Drafting a budget estimate for the Inspection Team based on the inspection decision stipulated in Clause 2 of Article 11 of this Circular.

Article 15. Conducting Inspection

1. After notifying the inspected entity in accordance with Clause 5 of Article 14 of this Circular, the Head of the Inspection Team is responsible for organizing the implementation of the inspection according to the detailed inspection plan.

2. The Inspection Team collects, studies, analyzes, and evaluates relevant information and documents concerning the inspection content; conducts inspections and verifies information and documents when necessary; conducts inspections of the results of implementation to serve as a basis for concluding the inspection contents. During the inspection process, the Inspection Team may exchange with inspected entities when necessary.

3. On the final day of direct inspection at the site, the Inspection Team is responsible for informing the inspected entity and handing over documents and equipment used during the inspection (if any).

4. After completing the direct inspection at the site, members of the Inspection Team draft individual Inspection Reports according to their assignments and submit them to the Secretary of the Team for consolidation of the Inspection Report according to Model No. 3 of the Appendix issued together with this Circular. The Secretary of the Team is responsible for presenting the draft Inspection Report to the Head of the Inspection Team for review and decision before sending it to the inspected entity for comments.

5. Within five days from the date of receiving the draft Inspection Report, the inspected entity is responsible for providing comments on the contents of the draft; if there are still unresolved opinions, the inspected entity needs to provide explanations in writing regarding the unresolved contents mentioned in the draft.

6. Based on the draft Inspection Report and the comments and explanations provided by the inspected entity, the Head of the Inspection Team directs the completion of the Inspection Report to be submitted to the authorized person of the inspection agency within twenty days (twenty-five days for cases stipulated in Clause 2 of Article 7 of this Circular) from the date of completing the inspection at the site.

Article 16. Conclusion of Inspection

1. Based on the Inspection Report, the Head of the Inspection Team shall organize the draft conclusion of inspection according to Model No. 4 of the Appendix issued together with this Circular for submission to the competent authority of the inspection agency for consideration and approval in accordance with Clause 1 of Articles 24, 25, 26, and 27 of this Circular.

2. The conclusion of inspection must be sent to the inspected entity and the superior management agency of the inspected entity (if any), and related units (if necessary).

3. In cases where there are violations of laws on bidding, depending on the level of violation, the competent authority of the inspection agency shall decide on measures to handle the situation or direct the transfer of files and materials to relevant responsible units for handling in accordance with regulations.

Section 4 PROCEDURE FOR INSPECTION IN THE FORM OF REQUESTING REPORTS

Article 17. Preparation of Request for Reports

The inspection agency requests the inspected entity to report on the implementation of management tasks related to bidding or the implementation of bidding work according to the following contents:

1. Purpose and requirements of the report;

2. Scope and content of the report;

3. Outline of the request for the report;

4. Deadline for submitting the report by the inspected entity;

5. Responsibilities and authorities of the inspected entity;

6. Other relevant contents.

Article 18. Handling Information and Documents in Reports

Based on the reports from the inspected entity, the leading inspection unit shall collect, study, analyze, and evaluate information and documents related to the content requested in the report; conduct verification of information and documents when necessary. During the inspection process, the leading inspection unit may exchange with the inspected entity (if necessary).

Article 19. Inspection Report

1. The leading inspection unit organizes the drafting of the Inspection Report, including proposals for further handling measures for issues discovered during the inspection process.

2. Based on the report and proposal of the leading inspection unit, the competent authority of the inspection agency shall consider and decide on measures to handle issues discovered during the inspection process.

Chapter III

HANDLING THE INSPECTION RESULTS

Article 20. Monitoring the Implementation of the Inspection Conclusion

In cases where the inspected entity has errors in bidding work that require time to rectify, the Secretary of the Inspection Team shall be responsible for monitoring the implementation of the inspection conclusion.

Article 21. Feedback Report on the Implementation of the Inspection Conclusion Sent to the Inspection Agency

1. Based on the inspection conclusion, the leadership of the inspected entity shall instruct the inspected entity to implement in accordance with the inspection conclusion, specifically as follows:

a) Existing issues that can be immediately resolved within ongoing projects or tenders;

b) Issues that need to be learned from for other projects or tenders;

c) In cases where there are violations of laws on bidding, the inspected entity needs to report the list of organizations and individuals involved who have been handled in accordance with the law.

2. Depending on the scope and inspected entity, the inspection agency will request the time for the inspected entity to submit a feedback report on the implementation of the inspection conclusion.

The feedback report on the implementation of the inspection conclusion is prepared according to Model No. 5 of the Appendix issued together with this Circular.

Chapter IV

RIGHTS AND OBLIGATIONS OF PARTIES INVOLVED IN INSPECTION

Article 22. Rights and Obligations of the Head of the Inspection Team and Members of the Inspection Team

1. Responsibilities and Authorities of the Head of the Inspection Team

a) Organize the development and approval of detailed inspection plans.

b) Organize and direct members of the Inspection Team to carry out inspections in accordance with regulations.

c) Request inspected entities to provide information and documents as required by the Inspection Team.

d) Organize the preparation of the Inspection Report and draft conclusions of the inspection.

đ) Organize the monitoring of the resolution of issues identified in the inspection conclusion (when requested by the competent authority of the inspecting agency).

e) Demonstrate impartiality, openness, avoid causing difficulties or harassment for inspected entities, and strictly comply with regulations on anti-corruption.

2. Responsibilities and Authorities of Members of the Inspection Team

a) Carry out assigned tasks and report to the Head of the Inspection Team on the results of the inspection.

b) Participate in preparing for inspection work and drafting the Inspection Report.

c) Perform other inspection-related tasks as assigned.

d) Demonstrate impartiality, openness, avoid causing difficulties or harassment for inspected entities, and strictly comply with regulations on anti-corruption.

Article 23. Responsibilities and Authorities of Organizations and Individuals Subject to Inspection

1. Cooperate and create conditions for the Inspection Team during the inspection process.

2. Report truthfully, provide timely, complete information and documents, and bear legal responsibility for the content provided.

3. Receive notification from the inspecting agency about the inspection conclusion and have the right to make recommendations and explanations regarding the conclusion of the inspecting agency.

4. Implement the inspection conclusion of the inspecting agency.

5. Submit feedback reports on the implementation of the inspection conclusion to the inspecting agency as stipulated in Clause 2, Article 21 of this Circular.

6. In cases where during the inspection, the Inspection Team discovers signs of violations of laws on bidding and related laws, and requests the inspected entity to handle according to regulations, the inspected entity needs to compile and report to the inspecting agency while reporting to the Ministry of Planning and Investment the list of organizations and individuals involved who have been dealt with.

Chapter V

RESPONSIBILITY AND AUTHORITY GRADATION IN INSPECTION

Article 24. Ministry of Planning and Investment

1. Responsibilities of the Minister of the Ministry of Planning and Investment

a) Approve periodic inspection plans; decide on inspections and inspection conclusions regarding the management of bidding at ministries, sectors, localities, state economic groups, state corporations, and state enterprises; bidding activities under projects decided by

b) Decide on post-inspection measures (if applicable).

c) Direct the compilation of annual reports on the implementation of bidding inspections nationwide to report.

2. Agencies and units assigned functions and tasks for bidding inspections by the Ministry of Planning and Investment are responsible for organizing inspections approved by the Minister of the Ministry of Planning and Investment.

Article 25. Ministries, agencies equivalent to ministries, government agencies, and other central agencies

1. Responsibilities of Ministers of Ministries, Heads of agencies equivalent to ministries, government agencies, and other central agencies

a) Approve periodic inspection plans; decide on inspections and inspection conclusions regarding the management of bidding at agencies and units under their management; bidding activities under projects they decide to invest in and other related contents.

b) Delegate one agency or unit under their management to perform the function and task of bidding inspections.

c) Decide on post-inspection measures (if applicable).

d) Direct the compilation of annual reports on the implementation of bidding management inspections of agencies and units under their management, bidding activities under projects they decide to invest in and other related contents.

đ) Direct the compilation of lists of contractors and related entities that have been dealt with when violations of laws on bidding and related laws are discovered during inspections.

e) Direct units to submit reports specified in points d and đ of this clause to the Ministry of Planning and Investment for consolidation and reporting.

2. Agencies and units assigned functions and tasks for bidding inspections by ministries, agencies equivalent to ministries, government agencies, and other central agencies are responsible for organizing inspections approved by authorized persons within their agencies or units.

Article 26. Provinces and centrally governed cities

1. Responsibilities of the Chairpersons of People's Committees of provinces and centrally governed cities: Direct the Department of Planning and Investment and other provincial agencies and units to perform the tasks prescribed in Clauses 2, 3, and 4 of this Article.

2. Responsibilities of Directors of Departments of Planning and Investment of provinces and centrally governed cities

a) Approve periodic inspection plans; decide on inspections and issue inspection conclusions regarding tender management activities at provincial agencies and units under their jurisdiction; tender activities within projects under local management; and other related matters.

b) Report feedback on the implementation of inspection conclusions for projects inspected by the Ministry of Planning and Investment within their province.

c) Assign a subordinate department to carry out inspection functions and tasks concerning tender activities.

d) Report inspection conclusions to the Chairman of the Provincial People's Committee.

đ) Decide on post-inspection handling measures (if applicable).

e) Compile annual inspection implementation situations for projects under local management.

g) Compile a list of contractors and related entities that have been penalized upon discovery of violations of tender laws and other relevant laws during their own unit’s inspections as well as those of other units under local management.

h) Direct units to submit reports specified in Points e and g of this Clause to the Ministry of Planning and Investment for consolidation and reporting to the Prime Minister.

3. Responsibilities of Directors of departments and agencies of provinces and centrally governed cities

a) Approve periodic inspection plans; decide on inspections and issue inspection conclusions on tender activities of projects they invest in.

b) Assign a subordinate department to carry out inspection functions and tasks concerning tender activities.

c) Report inspection conclusions to the Chairman of the Provincial People's Committee or the Chairman of the Centrally Governed City People's Committee.

d) Decide on post-inspection handling measures (if applicable).

đ) Compile annual inspection implementation situations for projects they invest in.

e) Compile a list of contractors and related entities that have been penalized upon discovery of violations of tender laws and other relevant laws during inspections.

g) Direct units to submit reports specified in Points đ and e of this Clause to the Department of Planning and Investment for consolidation.

4. Responsibilities of Chairpersons of District and County People's Committees under provinces and centrally governed cities

a) Approve periodic inspection plans; decide on inspections and issue inspection conclusions on tender activities of projects they invest in and those decided on investment by communes or act as project sponsors.

b) Assign a subordinate department to carry out inspection functions and tasks concerning tender activities.

c) Report inspection conclusions to the Chairman of the Provincial People's Committee or the Chairman of the Centrally Governed City People's Committee.

d) Decide on post-inspection handling measures (if applicable).

đ) Compile annual inspection implementation situations for projects they invest in.

e) Compile a list of contractors and related entities that have been penalized upon discovery of signs of violations of tender laws and other relevant laws during inspections.

g) Direct units to submit reports specified in Points đ and e of this Clause to the Department of Planning and Investment for consolidation.

Article 27. State Economic Groups, Corporations, and State Enterprises

1. Responsibilities of Leaders of State Economic Groups, Corporations, and State Enterprises

a) Approve periodic inspection plans; decide on inspections and issue inspection conclusions on tender activities of projects they invest in.

b) Assign a subordinate department to carry out inspection functions and tasks concerning tender activities.

c) Decide on post-inspection measures (if applicable).

d) Compile annual inspection implementation situations for projects they invest in.

đ) Compile a list of contractors and related entities that have been penalized upon discovery of signs of violations of tender laws and other relevant laws during inspections.

e) Direct units to submit reports specified in Points d and đ of this Clause to the Ministry of Planning and Investment for consolidation.

2. Units assigned the function and task of inspecting tender activities of State Economic Groups, Corporations, and State Enterprises shall be responsible for organizing inspections approved by their unit leaders.

Chapter VI

IMPLEMENTATION

Article 28. Effective Date

This Circular takes effect from February 30, 2011. From the date this Circular takes effect, Decision No. 327/2007/QD-BKH dated April 9, 2007 on the Tender Inspection Procedures of the Ministry of Planning and Investment ceases to be effective.

Article 29. Implementation Organization

1. THE MINISTRIES, GOVERNMENT-EQUIVALENT ORGANIZATIONS, CENTRAL GOVERNMENT AGENCIES, OTHER CENTRAL AUTHORITIES, PEOPLE'S COMMITTEES AT ALL LEVELS, AND ASSOCIATIONS AND INDIVIDUALS INVOLVED SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR.

2. Within thirty days from the date this Circular takes effect, Ministries, ministerial-level agencies, agencies under the Government, central-level agencies, People's Committees of provinces, districts/cities, State Economic Groups, Corporations, and State Enterprises shall direct the assignment of functions and tasks of inspecting tender activities within their jurisdiction and submit lists of agencies and units assigned the function and task of inspecting tender activities to the Ministry of Planning and Investment for consolidation, monitoring, managing, and directing national tender inspection activities.

3. During the implementation process, if there are any difficulties, please send opinions to the Ministry of Planning and Investment for timely review and adjustment.