Circular No. 100/2001/TT-BTC guiding the implementation of Directive No. 21/2001/CT-TTg dated September 11, 2001 of the Prime Minister on the use of administrative and public service funds from the State budget to purchase assets, materials, and equipment.

 CIRCULAR

Guidelines for implementing Directive No. 21/2001/CT-TTg dated September 11, 2001 of the Government on the use of state budget funds to purchase assets, materials, and equipment

concerning the use of administrative and public service funds provided by the state budget to purchase assets, materials, and equipment 

Pursuant to Directive No. 21/2001/CT-TTg dated September 11, 2001 of the Prime Minister on the use of state budget funds to purchase assets, materials, and equipment for building agency headquarters and administrative management work;

The Ministry of Finance hereby provides guidelines for purchasing assets, materials, and equipment from administrative and public service funds provided by the state budget as follows:

1- OBJECTS AND SCOPE OF APPLICATION:

Administrative and public service agencies, political organizations, political-social organizations, social organizations, social-professional organizations, state-owned enterprises (hereinafter referred to collectively as agencies and units) when using administrative and public service funds allocated from the state budget to purchase assets, materials, and equipment (hereinafter referred to collectively as goods), must purchase from domestic production sources (except for goods that are currently not produced domestically).

2- Goods produced domestically as stipulated in this Circular shall be understood as those goods manufactured, processed, or assembled within the territory of Vietnam by organizations and individuals belonging to all economic sectors.

3- The provisions of this Circular shall not apply to the following cases of purchasing goods:

- Purchasing goods for constructing agency headquarters from construction investment capital provided by the state budget (with separate guidance documents).

- Purchasing goods from business capital of enterprises.

- Purchasing goods according to special regulations of the Prime Minister.

- Purchasing goods specified in agreements or arrangements signed with foreign countries.

4- Responsibilities of agencies and units directly responsible for procurement:

- When carrying out procurement activities, the head of the agency or unit must approve the list of goods to be purchased. Goods imported from abroad that are already produced domestically shall not be included in the procurement list.

- In exceptional cases where goods that are already produced domestically need to be imported, the agency or unit must report to the competent authority for approval in accordance with Clause 5.1 below.

- Fully comply with accounting recordkeeping, invoice, and voucher regulations when using funds allocated from the state budget to purchase goods. Purchase payment vouchers must reflect all details including the name of the goods, brand name, whether the goods are domestically produced or imported.

- Procurement activities that require bidding must be carried out in accordance with Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government on the issuance of the Bidding Regulations; Decree No. 14/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain provisions of the Bidding Regulations issued together with Decree No. 88/1999/NĐ-CP dated September 1, 1999, and current guiding circulars.

5- Ministries, ministerial-level agencies, government agencies, central bodies of mass organizations, People's Committees of provinces and centrally-administered cities, Boards of State-Owned Corporations established by the Prime Minister have the responsibility:

5.1- To approve or delegate approval of proposals from subordinate agencies and units regarding the procurement of imported goods that are already produced domestically.

5.2- To issue specific regulations to minimize the procurement of imported goods that are already produced domestically from borrowed funds, foreign aid, and other sources.

5.3- To direct, inspect, and take responsibility for the implementation of Directive No. 21/2001/CT-TTg of the Prime Minister and the guidelines set forth in this Circular at subordinate units. Timely rectify and handle violations.

5.4- Annually, they are responsible for compiling and submitting reports on the implementation of Directive No. 21/2001/CT-TTg dated September 11, 2001 of the Prime Minister to the Ministry of Finance before December 15 for consolidation and reporting to the Prime Minister (using the attached form).

6- Financial agencies and State Treasury at all levels are responsible for inspecting and controlling budget expenditures in accordance with regulations. In case of discovering that agencies and units are not complying with the provisions of this Circular, they shall implement suspension of payments or recovery of funds to be returned to the state budget.

7- For procurement contracts for imported goods signed before October 1, 2001, they may continue to be implemented according to the signed contracts.

For tender packages organized before October 1, 2001, and approved by the competent authority or awaiting approval of the tender results, they may continue to be implemented according to the approved tender results.

For tender packages whose tender documents have been approved by the competent authority and tender notices have been issued before October 1, 2001, they may continue to be implemented according to the approved budget estimates and tender documents.

8- This Circular takes effect from October 1, 2001.

During the implementation process, if there are difficulties or obstacles, agencies and units are requested to promptly report to the Ministry of Finance for research and resolution.

..., date... month... year 200...

REPORT

Implementation situation of Directive No. 21/2001/CT-TTg dated September 11, 2001 of the Prime Minister on purchasing assets, materials, and equipment

Start date of lease (day/month/year)

(For direct procurement units and supervisory agencies)

Unit:... dong

Head of agency or unit
(Signature, stamp)

Place of Receipt:
- .............
- .............
- To be filed