Decision No. 08/2016/QĐ-TTg stipulates centralized procurement of state assets for agencies, organizations, and units under the management of ministries, central agencies, and localities. This decision guides implementation methods, responsibilities of centralized procurement units, centralized procurement asset lists, application timelines, management of savings from centralized procurement, and publicizing centralized procurement.
적용 범위
State agencies, public service organizations, people's armed forces units, political organizations, political-social organizations, social-professional organizations, social organizations, social-professional organizations, Project Management Boards under ministries, agencies at the level of ministries, government agencies, central agencies of political organizations, political-social organizations, social-professional organizations, social organizations, social-professional organizations, other central agencies, and provincial-level municipalities directly under the central government.
핵심 사항
- National centralized procurement units are assigned the task of implementing procurement of assets included in the national centralized procurement list (excluding medicines).
- Agencies, organizations, and units directly using assets included in the centralized procurement list must comply with the provisions of this Decision.
- The budget allocated by competent state authorities within the annual budget estimate of agencies, organizations, and units to implement centralized procurement.
- The centralized procurement asset list must be published in accordance with the law.
- National centralized procurement units provide consulting and support services for procurement of assets for agencies, organizations, units, and enterprises in need.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing procurement costs, increasing the efficiency of fund usage, reducing waste, and improving the quality of public services.
- Negative impact: It may cause difficulties in implementation for agencies and organizations without centralized procurement units.
- Benefits: Ministries, central agencies, and localities receive technical and management support during centralized procurement.
- Costs: Investment in information technology is required to implement centralized asset procurement.
❓ 자주 묻는 질문
Who does this Decision apply to?
This Decision applies to state agencies, public service organizations, people's armed forces units, political organizations, political-social organizations, social-professional organizations, social organizations, social-professional organizations, Project Management Boards under ministries, agencies at the level of ministries, government agencies, central agencies of political organizations, political-social organizations, social-professional organizations, social organizations, social-professional organizations, other central agencies, and provincial-level municipalities directly under the central government.
Who publishes the centralized procurement asset list?
The national centralized procurement asset list is published by the Ministry of Finance, while the national centralized procurement medicine list is published by the Ministry of Health. Ministries, central agencies, and provincial People's Committees also have the responsibility to issue their own centralized procurement asset lists.
Where does the funding for centralized procurement come from?
Funding is allocated by competent state authorities within the annual budget estimate of agencies, organizations, and units. Additionally, there are sources such as national treasury funds, government bonds, local government bonds, and other sources like capital from programs and projects using ODA funds.
How are national centralized procurement units tasked to perform their duties?
National centralized procurement units are responsible for publishing the asset list, preparing tender selection plans, signing framework agreements with contractors, issuing detailed asset description documents, organizing or participating in the handover and acceptance of centrally procured assets, and publicly disclosing procurement activities in accordance with regulations.
How will violations of this Decision be handled?
Organizations and individuals violating the provisions of this Decision may be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law, depending on the nature and severity of the violation.
전문
Pursuant to …;
Article 24||| provides for centralized procurement of state assets;ứ||| centralized method;
_____________________
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Management and Use of State Property dated June 21, 2017;, ||| on June 3, 2008;
Pursuant to the Law on State Budget dated December 16, 2002;
BASED ON THE BID LAW dated December 26, 2013; 11 in 2013;
Pursuant to DecreeNo. ||| Decision No. 52/2009/NĐ-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Management and Use of State Assets;
BASED ON DECREE NO. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;1||| Decision No. 4/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Law on Public Procurement regarding the selection of contractors;i ||| detailed implementation of certain provisions of the Law on Public Procurement concerning the selection of contractors;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs||| The Prime Minister issues the Decision providing for centralized procurement of state assets;
Considering the proposal of the Minister of Finance,
||| centralized method.u||| This Decision regulates the procurement of goods and services (hereinafter referred to as assets) through the centralized method.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.||| The following types of assets shall not be procured in accordance with this Decision:
Article 1. Scope of Regulation
a) Special assets and specialized assets at people's armed units; assets of agencies representing the Socialist Republic of Vietnam abroad and other Vietnamese agencies abroad;
b) Assets procured from grant, donation funds, and foreign-funded programs and projects where the donor has requirements for procurement different from those stipulated in this Decision.
3. The Minister of National Defense and the Minister of Public Security shall base on the laws on public procurement, laws on management and use of state assets, and the provisions of this Decision to issue and implement regulations on centralized procurement of special assets and specialized assets at people's armed units under their jurisdiction.
4. Based on the laws on public procurement, laws on enterprises, and the provisions of this Decision, the parent company of state-owned economic groups, the parent company of state-owned corporations, the parent company in a group of parent companies - subsidiaries; independent joint-stock company with 100% state-owned charter capital shall issue and implement regulations on centralized procurement applicable to enterprises.
Article 2. Subject
1. Centralized procurement units include:
a) National centralized procurement unit: A centralized procurement unit under the Ministry of Finance to perform the task of centralized procurement of assets within the national centralized procurement list (excluding medicines for human disease prevention and treatment, abbreviated as medicines);the Bureau of Enforcement;shall apply
b) National centralized procurement unit for medicines: A centralized procurement unit under the Ministry of Health to perform the task of centralized procurement of medicines within the national centralized procurement list;
c) Centralized procurement units of ministries, central agencies, provinces: Centralized procurement units under ministries, central agencies, and provinces to perform the task of centralized procurement of assets within the centralized procurement lists of ministries, central agencies, and localities.
2. State agencies, public service organizations, people's armed forces units, political organizations, political-social organizations, occupational-political-social organizations, social organizations, occupational-social organizations, Project Management Board (hereinafter referred to as agencies, organizations, units) under ministries, ministerial-level agencies, government agencies, central agencies of political organizations, political-social organizations, occupational-political-social organizations, social organizations, occupational-social organizations, and other central agencies (referred to as ministries, central agencies) and provinces directly using assets within the centralized procurement list.
3. Agencies, organizations, and units not falling within the scope prescribed in Clause 2 of this Article when procuring assets with non-state funds outside the scope prescribed in Article 3 of this Decision are encouraged to apply the provisions of this Decision.
2. State agencies, public service units, people's armed forces units, political organizations, political-social organizations, political-professional social organizations, social organizations, professional social organizations, Project Management Units (hereinafter referred to as agencies, organizations, units) under Ministries, ministerial-level agencies, agencies under the Government, central agencies of political organizations, political-social organizations, political-professional social organizations, social organizations, professional social organizations, and other central agencies (referred to as Ministries, central agencies) and provinces directly under the central government (referred to as provinces) shall directly use assets within the centralized procurement list.
3. Agencies, organizations, and units not falling within the scope prescribed in Clause 2 of this Article, when procuring assets with funds not falling within the scope prescribed in Article 3 of this Decision, are encouraged to apply the provisions of this Decision.
Article 3. Sources of funds for centralized procurement
1. Funds allocated by competent state agencies in the annual budget estimates of agencies, organizations, and units.
2. National bonds, government bonds, local government bonds.
3. Funds from programs and projects using ODA capital; grants and donations from domestic and foreign organizations and individuals that are part of the state budget and where the donor does not have requirements for procurement different from those stipulated in this Decision.
4. Funds from the development fund for public service activities of public service units that self-finance part of their regular expenses and public service units fully financed by the State for regular expenses; funds from extra-budgetary state financial resources.
5. Funds from health insurance, revenues from medical examination and treatment services, and other lawful revenues of public healthcare facilities.
Article 4. Implementation methods for centralized procurementức Implementation methods for centralized procurement
1. Centralized procurement shall be carried out through framework agreements, except in cases provided for in Clause 2 of this Article.
2. Direct contract procurement methods for centralized procurement shall be applied in the following cases:
a) Procurement of assets under programs and projects using ODA capital, grants, and donations from domestic and foreign organizations and individuals that are part of the state budget and where the donor requires application through direct contracts;
b) Procurement of vaccines for immunization purposes.
Article 5. List of assets for centralized procurement
1. Assets included in the list for centralized procurement must meet the conditions specified in Clause 1 of Article 71 of Decree No. 63/2014/ND-CP dated June 26, 2014, of the Government detailing certain provisions of the Law on Bidding regarding the selection of contractors.
2. Based on the results of centralized procurement, requirements for thrift, anti-waste, and anti-corruption policies of the Party and the State, the capacity of centralized procurement units, market supply conditions, and the conditions specified in Clause 1 of this Article, the Ministry of Finance, the Ministry of Health, central ministries, and provincial People's Committees shall promulgate lists of assets for centralized procurement as follows:
a) The Ministry of Finance shall announce the national list of assets for centralized procurement (excluding medicines);
b) The Ministry of Health shall announce the list of medicines for centralized procurement (including the national list and the provincial list);
c) Central ministries, central agencies, and provincial People's Committees shall issue lists of assets for centralized procurement at the ministry, central agency, and provincial levels (excluding medicines).
3. Principles for establishing and applying the list of assets for centralized procurement:
a) The national list of assets for centralized procurement applies to all central ministries, central agencies, and provinces;
b) The list of assets for centralized procurement at the ministry, central agency, and provincial levels applies to agencies, organizations, and units under the management of central ministries, central agencies, and provinces; specifically, the provincial list of medicines for centralized procurement applies to central and provincial healthcare facilities located within the province;
c) Assets listed in the centralized procurement list at the ministry, central agency, and provincial levels must not overlap with the national centralized procurement asset list issued and announced by the Ministry of Finance and the Ministry of Health.
4. The list of assets for centralized procurement must be publicly disclosed in accordance with the provisions of the law.
Article 6. Responsibilities of centralized procurement units
1. Aggregate needs and develop plans for selecting contractors for procurement.
2. Conduct selection of contractors to provide assets listed in the centralized procurement catalog in accordance with laws on bidding.
3. Sign framework agreements with selected contractors providing assets, issue detailed documentation describing the selected assets; specify model procurement contracts serving as a basis for direct-use units to enter into procurement contracts with suppliers when centralized procurement is applied through framework agreements; directly sign contracts with selected contractors providing assets when centralized procurement is applied through direct contracting.
4. Organize implementation or participate in handover and acceptance of centrally procured assets.
5. Publicize asset procurement activities in accordance with laws on management and use of state assets.
6. Organize application of information technology to implement electronic procurement as prescribed.
7. National centralized procurement units provide centralized procurement services to ministries, central agencies, localities, state-owned enterprises that have not established centralized procurement units, or provide advisory and support services for asset procurement to agencies, organizations, units, and enterprises in need.
8. Supervise the implementation of framework agreements and contracts of selected contractors.
9. Fulfill responsibilities of project sponsors; responsibilities of tendering entities as stipulated in the Law on Bidding 2013 and other relevant legal documents.
Article 7. Implementation timeline for centralized procurement
1. Implement centralized procurement from 2016.
2. The implementation timeline for centralized drug procurement shall be carried out in accordance with Point c Clause 1 Article 77 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 detailing certain provisions of the Law on Bidding regarding contractor selection.
Article 8. Management and utilization of revenue and savings obtained through centralized procurement
1. The Ministry of Finance shall provide specific guidelines on revenues, expenditures, and management and utilization of funds obtained from centralized procurement.
2. Management and utilization of savings obtained through centralized procurement (the difference between the budgeted amount and the actual procurement cost) shall be implemented in accordance with laws on state budget.
Article 9. Transparency in centralized procurement
1. Ministries, central agencies, provincial People's Committees, agencies, organizations, and units shall be responsible for implementing transparency in centralized procurement in accordance with the Ministry of Finance’s regulations.
2. Centralized procurement units shall publicize centralized procurement requirements, contractor selection plans for centralized procurement; results of centralized procurement; handover plans for assets and other contents required to be disclosed under laws on management and use of state assets.
3. The Minister of Finance shall specify the content, form, and procedures for disclosing centralized procurement and organize its implementation.
Article 10. Implementation Organization
1. The Ministry of Finance shall be responsible for:
a) Publish the national-level centralized procurement asset list, except for the centralized drug procurement list; decide according to the authority of the national centralized procurement unit to carry out procurement for assets in the national-level centralized procurement list based on reorganizing and assigning additional tasks to an existing public service institution (without establishing new institutions or adding staff).
During the period before organizing the reorganization of the national centralized procurement unit as prescribed above, the Ministry of Finance shall assign a unit under the Ministry to perform national centralized procurement tasks on a part-time basis.
b) Collect market information, compile and analyze demand and results of asset procurement by agencies, units, and organizations; organize reporting and disclosure in centralized procurement;
c) Build a database on centralized procurement and apply information technology to implement and disclose asset procurement through centralized methods;
d) Inspect, audit, resolve complaints and grievances, and handle violations in the field of centralized procurement within their authority;
đ) Direct the State Treasury at all levels to control expenditures for centralized procurement from the state budget; refrain from paying procurement costs for assets in the centralized procurement list but not procured centrally or procurement contracts not in compliance with framework agreements and legal provisions;
e) Perform other tasks as prescribed in this Decision and related laws.
2. The Ministry of Planning and Investment shall have the responsibility:
a) Submit to the Prime Minister for approval the timeline for implementing online bidding to carry out centralized procurement;
b) Perform other tasks as prescribed in this Decision and related laws.
3. The Ministry of Health is responsible for:
a) Issue or submit to competent authorities for issuance normative legal documents guiding centralized procurement for drugs;
b) Publish the centralized drug procurement list; decide according to the authority of the national centralized procurement unit to carry out procurement for drugs in the national-level centralized procurement list based on reorganizing and assigning additional tasks to an existing public service institution (without establishing new institutions or adding staff).
During the period before organizing the reorganization of the national centralized procurement unit as prescribed above, the Ministry of Health shall assign a unit under the Ministry to perform national centralized procurement tasks on a part-time basis.
c) Perform other tasks as prescribed in this Decision and related laws.
4. Ministries, central agencies, provincial People's Committees shall be responsible for:
a) Organizing asset procurement through centralized methods at the ministry, central agency, and local level in accordance with this Decision and the Ministry of Finance’s guidance; directing the timely and comprehensive collection of centralized procurement needs for effective implementation by centralized procurement units.
b) Publish the list of centralized procurement assets within the scope of management, notify the centralized procurement asset list to the Ministry of Finance; decide according to the authority of the centralized procurement unit to implement procurement for assets and medicines included in the centralized procurement list of the Ministry, central agencies, and localities based on the reorganization of existing public service institutions with functions related to financial services, assets, and healthcare (no new establishment, no additional staffing).
During the period when the reorganization of centralized procurement units has not been carried out as prescribed above or there are no public service institutions with functions related to financial services, assets, and healthcare, the Ministries, central agencies, and provincial People's Committees shall assign a unit under their management to perform centralized procurement tasks on a part-time basis in accordance with the principles stipulated in this Decision.
c) Perform other tasks as prescribed in this Decision and related laws.
5. The Ministries, central agencies, and provincial People's Committees specified in Clauses 1, 3, and 4 of this Article shall decide or submit to the competent authority for decision the specific model of centralized procurement units in accordance with the principle of ensuring that no new organizations or units are established, no additional civil servant positions are added, and the number of personnel in the organizational structure of the Ministries, central agencies, provinces, and centrally governed cities remains unchanged.
6. Organizations, individuals, agencies, and units violating the provisions of this Decision shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the provisions of the law depending on the nature and extent of the violation.
Article 11. Implementation Provisions
1. This Decision takes effect from April 10, 2016.
Repeal Decision No. 179/2007/QĐ-TTg dated November 26, 2007 of the Government Chairman regarding the implementation of pilot centralized procurement of assets and goods from the state budget.
2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees, centrally governed city People's Committees, and Heads of relevant agencies, organizations, and units are responsible for implementing this Decision./.
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