Decision No. 1014/QD-BTC on the functions, tasks, powers, and organizational structure of the Inspectorate under the General Department of Customs

This procedure relates to the purchase and sale of national reserve goods through tendering or auction methods. For purchases, the process includes selecting contractors through a one-stage two-envelope tender or direct procurement, followed by contract completion and delivery of goods. For sales, the process begins with selecting a professional auction organization, publicly listing the assets to be auctioned, and conducting the auction.

Document No.1014/QĐ-BTC
Document typeDecision
Issuing authorityMinistry of Finance
Signed byVũ Văn Ninh
Updated16/06/2026
SectorUnclassified
FieldTax AdministrationFinancial MiscellaneousFees and Charges
Issued date11/05/2010
Effective date11/05/2010
Expiry date16/05/2016
StatusExpired
✦ Smart summary

This procedure relates to the purchase and sale of national reserve goods through tendering or auction methods. For purchases, the process includes selecting contractors through a one-stage two-envelope tender or direct procurement, followed by contract completion and delivery of goods. For sales, the process begins with selecting a professional auction organization, publicly listing the assets to be auctioned, and conducting the auction.

Scope of application

Contractors supplying goods for the national reserve and the National Reserve General Department

Key points

  • Selecting contractors through tendering or direct procurement
  • Completing contracts and delivering goods
  • Selecting a professional auction organization
  • Publicly listing assets to be auctioned
  • Conducting the auction

🌐 Social impact of this document

  • Enhancing transparency in the procurement and sale of national reserve goods
  • Ensuring economic efficiency when purchasing and selling national reserve goods
  • Improving service quality provided to the public through appropriate contractor selection

❓ Frequently asked questions

What is the maximum time allowed for approving the tender evaluation results?

A maximum of 10 days from the date of receipt of the proposal requesting approval of the tender evaluation results or the audit report.

Which administrative agency implements this procedure?

The National Reserve Administration Regional Office (NRA RO)

Full text

MINISTRY OF FINANCE
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: 1014/QD-BTC

Hanoi, May 11, 2016

 

Pursuant to …;

REGARDING THE ANNOUNCEMENT OF ADMINISTRATIVE PROCEDURES IN THE FIELD OF NATIONAL RESERVES WITHIN THE SCOPE OF AUTHORITY OF THE MINISTRY OF FINANCE

THE MINISTER OF FINANCE

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

Pursuant to Circular No. 211/2013/TT-BTC dated December 30, 2013 of the Ministry of Finance on the procedures for issuing, receiving, distributing, using national reserve goods for relief and aid and managing funds to ensure the issuance and receipt of goods for relief and aid;

Pursuant to Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance guiding import, export, purchase, sale of national reserve goods;

Considering the proposal of the Director General of the State Reserve Agency and the Head of the Legal Department of the Ministry of Finance,

DECISION:

Article 1.

Announces sixteen (16) administrative procedures in the field of national reserves (NR) within the scope of state management functions of the Ministry of Finance, including:

1. Issuing seven (07) administrative procedures (attached appendix);

2. Abolishing nine (09) administrative procedures that have been announced in Decision No. 586/QD-BTC dated March 11, 2011 of the Minister of Finance regarding the announcement of additional administrative procedures within the scope of state management functions of the Ministry of Finance and Decision No. 1008/QD-BTC dated May 5, 2011 of the Minister of Finance regarding the announcement of administrative procedures within the scope of the Ministry of Finance's functions (attached appendix).

Article 2.

This Decision shall take effect from the date of signing.

Article 3.

The Heads of the Office, the Heads of Departments under the Ministry, the Heads of General Departments, Departments, Units related shall be responsible for implementing this Decision.

 

 

Place of Receipt:
- As Article 3;
- Administrative Procedure Control Department, Ministry of Justice;
- Ministry of Finance website;
- Website of the State Reserve Agency;
- To be filed: VT, TCDT.

DEPUTY MINISTER
DEPUTY MINISTER




Do Hoang Anh Tuan

 

ANNEX

NEW ADMINISTRATIVE PROCEDURES ANNOUNCED/AMENDED, SUPPLEMENTED OR REPLACED, REVOKED OR ABOLISHED WITHIN THE SCOPE OF THE MINISTRY OF FINANCE'S FUNCTIONS
(Appendix issued together with Decision No. 1014/QD-BTC dated May 11, 2016 of the Minister of Finance))

PART I. LIST OF ADMINISTRATIVE PROCEDURES

1. List of new administrative procedures announced within the scope of the Ministry of Finance's functions

Serial number

Name of Administrative Procedure

Field

Implementing Authority

A. Central-level administrative procedures

1.

Purchasing national reserve goods (NR) through public bidding

National Reserve

State Reserve Agency

B. Local-level administrative procedures

1.

Exporting national reserve goods (NR) according to the Prime Minister's Decision for relief purposes

National Reserve

Directly managing units of NR goods, sectors managing NR goods

2.

Exporting national reserve goods (NR) according to the Prime Minister's Decision for aid purposes

National Reserve

Directly managing units of NR goods, sectors managing NR goods, Ministry of Finance, Ministry of Planning and Investment

3.

Purchasing national reserve goods (NR) through direct wide-ranging purchases from all entities

National Reserve

National Reserve Management Bureau, Regional Reserve Management Branch

4.

Selling national reserve goods (NR) through direct wide-ranging sales to all entities

National Reserve

National Reserve Management Bureau, Regional Reserve Management Branch

5.

Purchasing national reserve goods (NR) through public bidding

National Reserve

National Reserve Management Bureau, Regional Reserve Management Bureau

6.

Selling national reserve goods (NR) through auction

National Reserve

National Reserve Management Bureau, Regional Reserve Management Branch

2. List of administrative procedures revoked or abolished within the scope of the Ministry of Finance's functions

Serial number

Administrative procedure file number

Name of Administrative Procedure

Name of legal document stipulating the revocation or abolition of administrative procedures

Field

Implementing Authority

1

B-BTC-172577-TT

Exporting food reserves for sale to organizations and individuals

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

2

B-BTC-172579-TT

Importing food reserves purchased from organizations and individuals

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

3

B-BTC-172582-TT

Importing materials and equipment reserves purchased from organizations and individuals

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

4

B-BTC-172585-TT

Exporting materials and equipment directly managed by the State Reserve Agency for sale to organizations and individuals

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

5

B-BTC-171084-TT

Issuing materials and equipment directly managed by the State Reserve Agency without charge to units and organizations

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

6

B-BTC-171085-TT

Exporting food reserves for issuance without charge to units and organizations

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

7

B-BTC-171089-TT

Recovering machinery, equipment, means temporarily exported by the State Reserve Agency to units and organizations

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

8

B-BTC-171090-TT

Temporarily exporting machinery, equipment, means directly managed by the State Reserve Agency to units and organizations

Decision No. 586/QD-BTC dated March 11, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

9

B-BTC-172056-TT

Auctioning national reserve goods

Decision No. 1008/QD-BTC dated May 5, 2011

NR

National Reserve Management Bureau, Regional Reserve Management Branch

 

PART II: SPECIFIC CONTENT OF EACH ADMINISTRATIVE PROCEDURE WITHIN THE SCOPE OF THE MINISTRY OF FINANCE'S STATE MANAGEMENT FUNCTIONS

A. Central administrative procedures in the National Reserve sector

B. Local administrative procedures in the National Reserve sector

 

A. Central administrative procedures in the National Reserve sector

I. National Reserve sector:

1. Procedure name: Purchase of goods for the National Reserve through public bidding (Central administrative procedure)

- Implementation Procedures:

The purchase of goods for the National Reserve through public bidding (Central administrative procedure) applies to the procurement of rescue and relief materials, commonly mobilized industrial reserve materials managed directly by the Ministry of Finance (State General Reserve Corporation). Two methods of selecting contractors are applied in this administrative procedure, including:

(1) One-stage one-envelope method applicable to open public bidding for small-scale tender packages and direct procurement purchases;

(2) Two-stage two-envelope method applicable to open public bidding for tender packages with a value exceeding VND 10 billion.

+ Procedure and manner of implementation with the one-stage one-envelope method

Step 1: Announce the plan to select contractors.

The State General Reserve Corporation announces the plan to select contractors for each tender package on the national bidding network system; the Ministry of Finance's website and the State General Reserve Corporation's website.

Time limit for announcement: Within seven working days from the date the Director of the State General Reserve Corporation approves the plan to select contractors.

Step 2: Issue a tender invitation.

The State General Reserve Corporation issues a tender invitation on the national bidding network system; the Bidding Newspaper; the Ministry of Finance's website and the State General Reserve Corporation's website.

Implementation period: The minimum time for the Bidding Newspaper to receive information is five working days before the planned issuance date of the tender invitation documents and request documents. These pieces of information are published once in the Bidding Newspaper.

Step 3: Issuance of tender invitation documents and request documents.

The State General Reserve Corporation issues tender invitation documents and request documents three working days after the first day of publishing the tender invitation notice.

Minimum time to receive requests for clarification of tender invitation documents: Three working days before the closing time of the tender.

In case of modification of tender invitation documents and request documents (if any): The State General Reserve Corporation must notify the contractors at least three working days before the closing time. If the time for sending modified tender documents does not comply with this regulation, the State General Reserve Corporation will extend the closing time accordingly to ensure compliance with the regulations on the time for sending modified tender invitation documents and request documents.

Place of issuance of tender invitation documents and request documents: The State General Reserve Corporation's office

Step 4: Preparation and submission of tender documents and proposal documents.

Contractors participating in the tender prepare and submit tender documents and proposal documents according to the provisions in the tender invitation documents and request documents; modify or withdraw tender documents and proposal documents before the closing time (if any) to the State General Reserve Corporation.

Tender guarantee deposit (only applicable to open public bidding): Contractors participating in the tender must implement the tender guarantee deposit before the closing time for tender documents; the amount of the tender guarantee deposit is specified in the tender invitation documents and request documents.

The preparation and submission time of tender documents is calculated from the start of the issuance of tender invitation documents to the closing time. The minimum time is ten days and the maximum time is stipulated in the tender invitation notice (for small-scale tender packages);

The preparation and submission time of proposal documents is calculated from the start of the issuance of tender invitation documents to the closing time. The minimum time is five working days and the maximum time is stipulated in the request document notice (for direct procurement purchases).

Place of submission of tender documents and proposal documents: The State General Reserve Corporation's office.

Step 5: Opening of tenders

The State General Reserve Corporation conducts the opening of tenders at the time and place specified in the tender invitation documents and request documents.

The opening of tenders is conducted publicly and only tender documents (for open public bidding) received by the State General Reserve Corporation before the closing time are opened in the presence of representatives of the contractors attending the tender opening ceremony, regardless of their presence or absence.

Time: As stipulated in the tender invitation documents and request documents (within one hour from the closing time)

Place: The State General Reserve Corporation's office, specifically as stipulated in the tender invitation documents

Step 6: Evaluation of tender documents and proposal documents.

The State General Reserve Corporation evaluates tender documents and proposal documents according to the evaluation criteria and other requirements specified in the tender invitation documents and request documents.

Time of Implementation:

- For small-scale tender packages, the evaluation time of tender documents is counted from the opening date to the date when the tenderer submits the contractor selection results for approval by the project owner - a maximum of twenty-five days;

- For direct procurement purchases, the evaluation time of proposal documents is counted from the closing date to the date when the tenderer submits the contractor selection results for approval by the project owner - a maximum of thirty days. In necessary cases, the evaluation time of proposal documents can be extended up to twenty days but must ensure the project implementation schedule.

Step 7: Contract negotiation.

The first-ranked contractor is invited by the State General Reserve Corporation to negotiate the contract. If the contractor invited to negotiate the contract does not attend or refuses to negotiate, they will not receive back the tender guarantee deposit. If negotiations fail, the State General Reserve Corporation will consider and decide to invite the next-ranked contractor to negotiate; if negotiations with subsequent-ranked contractors also fail, the Director of the State General Reserve Corporation will consider and decide to cancel the tender according to the regulations.

Step 8: Approval of the contractor selection results by the Director of the State General Reserve Corporation.

The Director of the State General Reserve Corporation approves the contractor selection results.

Time of Implementation:

- For small-scale tender packages, the approval time of the contractor selection results is counted from the date the tenderer submits the application for approval of the contractor selection results or the review report in case of a review requirement - a maximum of five working days;

- For direct procurement packages, the time to approve the selection results shall be counted from the date of receipt of the proposal requesting approval of the selection results of the tenderer or the review report in case of a review requirement - maximum is 10 days.

Step 9: Announce the Selection Results of Tenderers.

- After receiving the decision approving the selection results of tenderers, the State General Reserve Corporation shall publish information on the selection results of tenderers on the national bidding network system; the Ministry of Finance's website and the State General Reserve Corporation's website.

Time limit for implementation: within seven working days from the date of the Decision approving the selection results of tenderers.

- The State General Reserve Corporation sends a notification of the selection results of tenderers to participating tenderers via postal service, fax.

Time limit for implementation: five working days, starting from the date the selection results of tenderers are approved.

Step 10: Finalize and Sign the Contract.

The State General Reserve Corporation and the selected tenderer proceed to finalize and sign the contract. The contract signed between the parties must comply with the provisions of the Civil Code, the Law on Bidding, Decree 63/2014/ND-CP of the Government, Invitation to Bid, Request for Proposal, Bid Opening, Bid Evaluation, and other relevant laws.

Time limit for implementation: As stipulated in the Invitation to Bid, Request for Proposal.

Step 11: Guarantee the Performance of the Contract.

The selected tenderer must implement measures to guarantee the performance of the contract. The deadline for submitting the performance guarantee to the State General Reserve Corporation and the value of the performance guarantee shall be carried out according to the provisions in the Invitation to Bid and Request for Proposal.

Time limit for implementation: As stipulated in the contract.

Step 12: Delivery and Acceptance of Goods.

Goods are delivered on the transportation means of the seller at the door of the national reserve warehouse.

Time limit for implementation: As stipulated in the contract.

Location: At the door of the national reserve warehouse.

Step 13: Terminate the Contract

The State General Reserve Corporation and the tenderer shall terminate the contract after both parties have completed their contractual obligations (excluding warranty obligations).

Time limit for implementation: As stipulated in the contract.

Step 14: Warranty Responsibility.

The seller supplying goods to the State General Reserve Corporation must fulfill the warranty obligation for the supplied goods. The warranty period and the value of the warranty guarantee shall be carried out according to the provisions in the contract.

Time limit for implementation: As stipulated in the contract.

+ Procedure, method, and time limit for the two-envelope system method.

Step 1: Announce the plan to select contractors.

The State General Reserve Corporation announces the plan to select tenderers for each package on the national bidding network system; the Ministry of Finance's website and the State General Reserve Corporation's website.

Time limit for announcement: Within seven working days from the date the Director of the State General Reserve Corporation approves the plan to select contractors.

Step 2: Issue a tender invitation.

The State General Reserve Corporation issues a tender invitation on the national bidding network system; the Bidding Newspaper; the Ministry of Finance's website and the State General Reserve Corporation's website.

Time limit for implementation: The Bid Announcement receives information at least five working days before the expected issuance of the Invitation to Bid. These information are published once in the Bid Announcement.

Step 3: Issue the Invitation to Bid.

The State General Reserve Corporation issues the Invitation to Bid three working days after the first day of publishing the bid announcement.

Minimum time to receive requests for clarification of tender invitation documents: Three working days before the closing time of the tender.

In case of modifying the Invitation to Bid (if any): The State General Reserve Corporation must notify the tenderers at least ten working days before the bid closing time. If the time for sending the modified Invitation to Bid does not meet this requirement, the State General Reserve Corporation will extend the bid closing time accordingly to ensure compliance with the time limit for sending the modified Invitation to Bid.

Place of issuing the Invitation to Bid: The State General Reserve Corporation.

Step 4: Prepare and Submit the Bid Documents.

The tenderer prepares and submits the bid documents according to the provisions in the Invitation to Bid; modifies or withdraws the bid documents before the bid closing time (if any) to the State General Reserve Corporation.

Bid security deposit: The tenderer must implement the bid security measure before the bid closing time for the bid documents; the value of the bid security deposit according to the provisions in the Invitation to Bid.

The preparation and submission time of the Bid Documents is calculated from the start of the Invitation to Bid issuance to the bid closing time. Minimum is twenty days and maximum as specified in the bid announcement.

Place of submitting the Bid Documents: The State General Reserve Corporation.

Step 5: Open Technical Proposals

The State General Reserve Corporation opens technical proposals at the time and place specified in the Invitation to Bid.

The opening of technical proposals is conducted publicly and only those technical proposals received by the State General Reserve Corporation before the bid closing time are opened in the presence of representatives of participating tenderers, regardless of their presence or absence.

Time limit for implementation: As stipulated in the Invitation to Bid (within one hour, starting from the bid closing time).

Place: The State General Reserve Corporation, specifically as stipulated in the Invitation to Bid.

Step 6: Evaluate Technical Proposals

The State General Reserve Corporation evaluates technical proposals according to the evaluation criteria specified in the Invitation to Bid.

Time limit for implementation: The Law on Bidding and guiding documents do not specify a clear time limit for this step.

Step 7: The Director-General of the State General Reserve Corporation decides to approve the list of tenderers meeting the technical requirements..

The State General Reserve Corporation informs all participating tenderers about the list of tenderers meeting the technical requirements, inviting those meeting the technical requirements to open financial proposals.

Time limit for implementation: The Law on Bidding and guiding documents do not specify a clear time limit for this step.

Step 8: Open Financial Proposals.

The State General Reserve Corporation only opens the financial proposals of tenderers listed in the list of tenderers meeting the technical requirements in the presence of representatives of participating tenderers at the financial proposal opening ceremony, regardless of their presence or absence.

Time limit for implementation: The Law on Bidding and guiding documents do not specify a clear time limit for this step.

Step 9: Evaluate Financial Proposals

The State General Reserve Corporation evaluates financial proposals according to the evaluation criteria specified in the Invitation to Bid.

Time limit for implementation: The Law on Bidding and guiding documents do not specify a clear time limit for this step.

Step 10: Negotiate the Contract.

The first-ranked tenderer is invited by the State General Reserve Corporation to negotiate the contract.

In the case where a bidder invited to negotiate the contract does not attend the negotiation or refuses to negotiate the contract, such bidder will not be entitled to the return of the bid guarantee. If negotiations fail, the National Reserve General Department shall consider and decide to invite the next ranked bidder for negotiation; if negotiations with subsequent ranked bidders also fail, the Director of the National Reserve General Department shall consider and decide to cancel the tender in accordance with regulations.

The total time from step 5 to the date when the tenderer submits the approval request for the tender result to the Project Owner for approval shall not exceed 45 days for tender documents (this period does not include the time for review and approval, including the time for reviewing the technical proposal evaluation results for tenders using the two-envelope method). In cases of necessity, the evaluation time may be extended up to 20 days but must ensure the project's progress.

Step 11: Approval of the tender selection result by the Director of the National Reserve General Department.

The Director of the State General Reserve Corporation approves the contractor selection results.

The approval time for the tender selection result starts from the date of receipt of the request for approval of the tender selection result submitted by the tenderer or the audit report in case of audit requirement - maximum 10 days.

Step 12: Announce the tender selection result.

- After receiving the decision approving the selection results of tenderers, the State General Reserve Corporation shall publish information on the selection results of tenderers on the national bidding network system; the Ministry of Finance's website and the State General Reserve Corporation's website.

Time limit for implementation: within seven working days from the date of the Decision approving the selection results of tenderers.

- The State General Reserve Corporation sends a notification of the selection results of tenderers to participating tenderers via postal service, fax.

Time limit for implementation: five working days, starting from the date the selection results of tenderers are approved.

Step 13: Finalize and sign the contract.

The National Reserve General Department and the selected bidder shall proceed to finalize and sign the contract. The contract signed between the parties must comply with the provisions of the Civil Code, the Law on Public Procurement, Decree 63/2014/NĐ-CP of the Government, the Tender Invitation Document, the Bid Document, and other relevant laws.

Timeframe: As stipulated in the Tender Invitation Document.

Step 14: Guarantee for contract performance.

The selected bidder must implement measures to guarantee contract performance. The deadline for submitting the performance guarantee to the National Reserve General Department and the value of the performance guarantee shall be carried out according to the provisions in the Tender Invitation Document.

Deadline for implementation: As stipulated in the contract.

Step 15: Delivery and acceptance.

Goods are delivered on the transportation means of the seller at the door of the national reserve warehouse.

Time limit for implementation: As stipulated in the contract.

Location: At the national reserve warehouse gate

Step 16: Contract termination

The National Reserve General Department and the bidder shall terminate the contract after both parties have completed their contractual obligations (excluding warranty obligations).

Time limit for implementation: As stipulated in the contract.

Step 17: Warranty responsibility.

The seller supplying goods to the National Reserve General Department must fulfill the warranty obligations for the supplied goods. The warranty period, duration, and warranty bond value shall be implemented according to the provisions in the contract.

Time limit for implementation: As stipulated in the contract.

- Implementation method: Direct submission, submission via postal service.

- Components and quantity of documents:

- Components and quantity of documents required for bidders participating in the tender

+ Receipt for purchasing the Tender Invitation Document, quantity 01 copy;

+ Request for clarification of the Tender Invitation Document, Request Document (if any), quantity 01 copy;

+ Bid Document (including Bid Bond), quantity as specified in the Tender Invitation Document;

+ Clarification of the Bid Document (if any), quantity 01 copy;

- Components and quantity of documents required for the winning bidder during delivery and payment: Follow the provisions in the contract.

- Deadline for Resolution:

Maximum 35 days for small-scale tenders, maximum 60 days for tenders using the two-envelope method, and 45 days for direct procurement purchases from the closing date of the tender to the date the Project Owner issues the Decision approving the tender selection result. For tenders using the two-envelope method and direct procurement purchases, if necessary, the time can be extended up to 20 days but must ensure the project's progress.

- Subject implementing administrative procedures:

Bidders participating in the tender to supply goods for national reserves.

- Administrative agency implementing the administrative procedure:

National Reserve General Department, Regional Reserve Bureau, Provincial Reserve Management Office

- Coordinating agencies for administrative procedures:

Regional Reserve Bureau, Provincial Reserve Management Office.

- Result of implementing the administrative procedure:

Purchase of national reserve goods.

- Fees: Tender Invitation Document purchase fee not exceeding 2,000,000 VND per tender package.

- Forms and application forms:: None

- Requirements and conditions for implementing administrative procedures: None

- Legal basis for the administrative procedure:

Circular No. 89/2015/TT-BTC dated June 11, 2015, guiding the import, export, purchase, and sale of national reserve goods issued by the Ministry of Finance;

Law on Public Procurement,

Decree No. 63/2014/NĐ-CP and related implementing documents.

B. Local Administrative Procedures in the Field of National Reserves

I. National Reserve sector:

1. Procedure Name: Export of National Reserve Goods for Relief Purposes Based on Prime Minister's Decision

- Implementation Process and Method

Step 1. Submit to the Prime Minister for issuance of decision on relief export

- Heads of ministries, sectors managing the field, Chairmen of provincial People's Committees directly under the central government (hereinafter referred to collectively as the Chairman of the provincial People's Committee) affected by natural disasters, fires, disasters, epidemics propose to the Prime Minister to consider and decide on the export of national reserve goods for relief purposes, while sending the relevant ministry, sector managing national reserve goods.

- Ministries, sectors managing national reserve goods review, inspect, compile the quantity and value of national reserve goods needed for support and report to the Prime Minister, simultaneously sending the Ministry of Finance (National Reserve General Department) (with attached relevant documents).

The processing time limit for ministries, sectors managing national reserve goods is 3 working days.

- The Ministry of Finance (National Reserve General Department) reviews and submits to the Prime Minister for decision on the export of national reserve goods for relief purposes.

The processing time limit for the Ministry of Finance is 5 working days.

Step 2. Organize the delivery and acceptance of relief export goods

- Based on the Prime Minister's Decision on the export of national reserve goods for relief purposes, the head of the ministry, sector managing the field, and the Chairman of the provincial People's Committee receiving national reserve goods for relief purposes must issue a decision assigning tasks to units and organizations to accept the goods. The decision assigning tasks to units and organizations to accept national reserve goods for relief purposes must be sent to the national reserve units directly exporting and delivering goods for coordination in implementation.

The processing time limit for ministries, sectors managing the field and provincial People's Committees is 10 days from the date of receipt of the Prime Minister's Decision.

- On the basis of the Decision on the allocation of national reserve goods for relief and aid issued by the Prime Minister or the authorized person, the head of the ministry or sector managing national reserve goods / the Director General of the State Reserve Administration总局(对于财政部直接管理的国家储备物资)作出决定,将任务分配给直接管理物资的国家储备单位执行分配国家储备物资以进行救济的任务。任务分配给各单位分配和交付物资的决定应发送给相关领域主管部门或接受国家储备物资以进行救济的省级人民委员会配合实施。

- The receiving unit takes the initiative to coordinate with the delivering unit regarding the time and location for delivery and receipt of goods, and at the same time arranges manpower and means of transport to receive the goods.

- The delivering unit, based on the decision assigning the task of allocating goods issued by the head of the ministry or sector managing national reserve goods or by the Director General of the State Reserve Administration (for national reserve goods directly managed by the Ministry of Finance), shall carry out inspections of the list of goods, types, specifications, quantities, quality of national reserve goods allocated for relief, and technical documents (if any); arrange manpower and means of transport to inspect, supervise, and load/unload goods at the warehouse points and means of transportation (if any); coordinate with the receiving unit regarding the time, location, and means of delivery and receipt of goods.

- The delivering and receiving units cooperate in the delivery and receipt of goods. The delivering unit must comply with all regulations concerning the allocation of national reserve goods such as issuing sales invoices, preparing records of delivery and receipt of national reserve goods for relief. The receiving unit must establish files to monitor the results of acceptance, management, and distribution of national reserve goods; open accounting books to record and account for the goods received...

The deadline for handling the delivery and receipt of goods shall not exceed thirty days from the date of receipt of the decision on the allocation of goods issued by the head of the relevant ministry or sector or by the Chairman of the Provincial People's Committee.

Step 3. Report on the Results of Allocation and Delivery of National Reserve Goods for Relief

After completing the tasks of allocating and delivering national reserve goods for relief, the ministries and sectors managing national reserve goods and the provincial people's committees, ministries, and sectors managing the relevant fields must compile the results and report them to the Prime Minister, simultaneously sending them to the Ministry of Finance (State Reserve Administration) and the Ministry of Planning and Investment. The report of the ministries and sectors managing national reserve goods uses Form No. 01/BC-THXC issued together with Circular No. 211/2013/TT-BTC dated December 30, 2013, of the Ministry of Finance; the report of the provincial people's committees, ministries, and sectors managing the relevant fields uses Form No. 02/BC-TNPP. Issued together with Circular No. 211/2013/TT-BTC dated December 30, 2013, of the Ministry of Finance .

The deadline for implementation shall not exceed ten days from the date of completion of the delivery and receipt of national reserve goods.

- Composition and quantity of documents

- Proposal for the allocation of national reserve goods for relief

- Report document clearly stating the damage caused by natural disasters, fires, disasters, epidemics in the locality by the head of the relevant ministry or sector, the Chairman of the Provincial People's Committee, or the Chairman of the People's Committee of a centrally governed city (hereinafter referred to collectively as the Chairman of the Provincial People's Committee); bases for calculating the need for national reserve goods for relief;

- Decision of the Chairman of the Provincial People's Committee on the declaration of an epidemic outbreak in the locality (if applicable).

Quantity of documents: Not specified

- Documents to be presented when delivering and receiving goods

When delivering and receiving goods, representatives of the receiving unit present the following documents to the delivering unit:

- Letter of introduction from the agency assigned the task of accepting goods;

- Decision on the allocation of national reserve goods issued by the head of the relevant ministry or sector or by the Chairman of the Provincial People's Committee (a certified copy of the original in case of multiple locations for receiving goods under the same allocation decision).

- Time limit for processing: Maximum forty-eight days from the date of the request letter from The head of the relevant ministry or sector, the Chairman of the Provincial People's Committee, or the Chairman of the People's Committee of a centrally governed city.

- Subjects implementing administrative procedures

The ministries and sectors managing the relevant fields, the provincial people's committees, and the people's committees of centrally governed cities (collectively referred to as the provincial people's committees) that have suffered losses due to natural disasters, fires, disasters, and epidemics, and the units directly tasked with receiving national reserve goods.

- Implementing agencies

Ministries and sectors managing national reserve goods, the Ministry of Finance, the Government Office (reporting to the Prime Minister)

- Results of administrative procedure implementation

National reserve goods are allocated to organizations responsible for relief according to the Prime Minister's decision; the results of the relief allocation are reported to the Prime Minister and related ministries and sectors.

- Requirements and conditions for implementing administrative procedures: None

- Fees: None

- Legal basis for the administrative procedure:

The legal basis for the administrative procedure is Circular No. 211/2013/TT-BTC dated December 30, 2013, concerning the Regulations on the Procedures for Allocating, Delivering, Distributing, Using National Reserve Goods for Relief and Aid, and Managing Funds to Ensure the Work of Allocation and Delivery for Relief and Aid.

 

Reporting entity: . . .

Form No. 01/BC-THXC

(Issued together with Circular No. 211/2013/TT-BTC dated December 30, 2013, of the Ministry of Finance)

 

REPORT ON THE SITUATION OF ALLOCATION
NATIONAL RESERVE GOODS FOR RELIEF AND AID

Reporting period: ...

I. Explanation of the situation of the assigned tasks.

Evaluation of the organization and implementation, results, difficulties, and obstacles, and recommendations for resolution (if any).

II. Results.

Summary table of national reserve goods allocated for relief and aid

Serial Number

Receiving locality

Item A

Item B

….

Remarks

Unit of measurement

As per Decision

Actual goods allocated

Unit of measurement

As per Decision

Actual goods allocated

SLTp

Value (VND)

SLTp

Value (VND)

SLTp

Value (VND)

SLTp

Value (VND)

I

Decision number... date... month... year of the competent authority

 

 

 

 

 

 

 

 

 

 

 

 

1

Locality A

 

 

 

 

 

 

 

 

 

 

 

 

2

Locality B

 

 

 

 

 

 

 

 

 

 

 

 

 

....

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(thousand dong/year)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preparer of the form

(Signature, full name)

..., day... month... year...

HEAD OF THE UNIT

(Signature, full name, stamp)

 

Ministry, sector, provincial people's committee: . . .

Form No. 02/BC-TNPP

(Issued together with Circular No. 211/2013/TT-BTC dated December 30, 2013, of the Ministry of Finance)

 

REPORT ON THE SITUATION OF RECEIVING AND DISTRIBUTING
NATIONAL RESERVE GOODS FOR RELIEF

Reporting period: ...

I. Results of receiving and distributing national reserve goods for relief

Serial Number

Decision of the competent authority (1)

Unit of Measurement

Item A

Item B

Remarks

As per the decision of the competent authority (1)

Actual goods received

Number actually distributed to users

Number

(Major Technical Specifications and Other Information)

SLTp

Value (VND)

SLTp

Value (VND)

SLTp

Value (VND)

A

B

C

D

1

2

3

4

5

6

7

E

1

 

 

 

 

 

 

 

 

 

 

 

2

 

....

 

 

 

 

 

 

 

 

 

3

 

.......

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total:

 

 

 

 

 

 

 

 

 

* Note:

(1) As per the decision of the Prime Minister or by his delegation.

II. Explanation:

1. Evaluation of the process of organizing, receiving, and distributing national reserve goods for relief

2. Overall evaluation of the users, effectiveness...

III. Recommendations:

 

 

No.: No.: ... / ...-DA

HEAD OF THE UNIT

(Signature, full name, stamp)

 

2. Name of the procedure:

Allocation of national reserve goods according to the Prime Minister's decision for aid

- Implementation Process and Method

Step 1: Agree on contents related to the delivery and receipt of goods

Immediately upon receiving the Prime Minister's Decision regarding the export of state reserve goods for aid, the Ministry or agency managing state reserve goods or the State Reserve General Department (for state reserve goods directly managed by the Ministry of Finance) shall contact the Embassy of the recipient country in Vietnam to agree on contents related to the delivery and receipt of aid goods, such as: Time of receipt of aid goods; name of the port for receiving aid goods; name of the organization or individual tasked with receiving aid goods in the recipient country; sample marks printed on the packaging of aid goods...

Implementation time: To be carried out according to the Prime Minister's Decision.

Step 2: Organize the signing ceremony of the Memorandum of Understanding for the delivery and receipt of aid goods and the symbolic transfer of aid goods

The Ministry or agency managing state reserve goods or the State Reserve General Department (for state reserve goods directly managed by the Ministry of Finance) shall take the lead and coordinate with the Embassy of the recipient country in Vietnam to organize the signing ceremony of the Memorandum of Understanding and the symbolic transfer of aid goods. Participants include: 1) The Ministry or agency managing state reserve goods or the State Reserve General Department (for state reserve goods directly managed by the Ministry of Finance); 2) The Embassy of the recipient country in Vietnam; 3) The Ministry of Foreign Affairs; 4) Other relevant ministries and agencies. The content of the handover memorandum includes information about:

+ Name and address of the exporting unit;

+ Quantity and quality of state reserve goods for aid;

+ Expiry date of state reserve goods (if applicable);

+ Specifications, packaging, and sample marks printed on the packaging;

+ Delivery location in the recipient country, mode of transport; name of the means of transport (if applicable);

+ Receiving unit and representative of the recipient country, mode of transport; name of the means of transport (if applicable);

+ Receiving unit and representative of the recipient country;

+ Time, progress, and responsibilities of the parties involved;

+ Other contents.

Implementation time: Not specifically defined, to be carried out according to the Prime Minister's Decision.

Step 3: Organize the delivery and receipt of goods

+ Based on the Prime Minister's Decision and the Memorandum of Understanding for the delivery and receipt of goods with the Embassy of the recipient country, the Ministry or agency managing state reserve goods or the State Reserve General Department (for goods directly managed by the Ministry of Finance) assigns tasks to the direct management units to carry out the export and delivery of state reserve goods to the recipient side according to the agreed time, location, and method of delivery.

+ The direct management unit of state reserve goods shall carry out warehouse withdrawal, transportation (domestic and international), purchase insurance for the transportation of goods from the state reserve warehouse gate to the delivery location in the recipient country (railway station, seaport...); implement export procedures in accordance with regulations (quality inspection, issuance of export certificates, customs clearance procedures...), and complete the settlement procedures for the export of state reserve goods for aid in accordance with current regulations.

- Composition and quantity of documents

Circular No. 211/2013/TT-BTC does not specify; to be implemented according to the handover memorandum of each specific case.

- Administrative procedure implementing agency

The Ministry or agency managing state reserve goods and subordinate units assigned the task of directly exporting goods;

- Subjects implementing administrative procedures

The Embassy of the recipient country and the unit designated by the recipient country to receive goods.

- Result of implementation

State reserve goods exported for aid are handed over to the representative of the recipient country in accordance with the Prime Minister's Decision and the Memorandum of Understanding between the Ministry or agency managing state reserve goods or the State Reserve General Department (for goods directly managed by the Ministry of Finance) and the Embassy of the recipient country in Vietnam.

- Timeframe for implementation: To be implemented according to the provisions of the Prime Minister's Decision.

- Requirements and conditions for implementing administrative procedures: None

- Fees: None

- Legal basis for the administrative procedure:

The legal basis for the administrative procedure is Circular No. 211/2013/TT-BTC dated December 30, 2013, concerning the Regulations on the Procedures for Allocating, Delivering, Distributing, Using National Reserve Goods for Relief and Aid, and Managing Funds to Ensure the Work of Allocation and Delivery for Relief and Aid.

3. Procedure name:

Purchase of state reserve goods through open direct procurement from all eligible entities

Purchasing state reserve goods through open direct procurement from all eligible entities applies to the purchase of rice state reserves directly managed by the Ministry of Finance (State Reserve General Department).

- Implementation Process and Method

Step 1: Publicly announce the plan to purchase rice state reserves

Based on the Director-General's Decision of the State Reserve General Department approving the plan to purchase rice state reserves through open direct procurement from all eligible entities, the Regional State Reserve Department announces the plan to purchase rice state reserves in three consecutive issues of local newspapers or on local television stations three times consecutively, at the purchasing location, and on the websites of the Ministry of Finance and the State Reserve General Department. The announcement content includes:

- Quantity,

- Quality standards,

- Place of delivery;

- Purchase price of rice,

- Opening time of the warehouse,

- Deadline for purchasing rice.

Step 2: Implement open direct procurement from all eligible entities

The Regional State Reserve Department Director organizes the implementation of purchasing the required quantity and quality of rice in accordance with regulations, ensuring no corruption or loss of state assets and bearing legal responsibility before the Director-General of the State Reserve General Department for the execution of the rice purchase plan. In cases where procurement is conducted through contracts: The Regional State Reserve Department signs or authorizes the State Reserve Sub-department to sign purchase and sale contracts with organizations, units, and individuals wishing to sell rice to state reserves.

Implementation period: As stipulated in the Decision approving the plan to purchase rice through open direct procurement from all eligible entities by the Director-General of the State Reserve General Department.

- Composition and number of documents: (For the seller)

- In case of procurement through contracts:

+ Purchase and sale contract;

+ Goods receipt and delivery memo between the State Reserve Sub-department and the seller;

+ Sales invoice in accordance with the Ministry of Finance's regulations (for organizations and units);

+ Contract termination memo.

- In case of procurement without contracts: The State Reserve Sub-department prepares a detailed list reflecting all information: Name, ID card number, and address of the seller, date and month of rice purchase; warehouse entry form.

- Subject implementing administrative procedures: Organizations and individuals selling rice to state reserves.

- Administrative procedure implementing agency: Regional State Reserve Departments, State Reserve Sub-departments.

- Result of implementing administrative procedures:Purchase of rice for state reserve storage.

Circular No. 89/2015/TT-BTC dated June 11, 2015, of the Ministry of Finance guiding the import, export, purchase, and sale of state reserve goods,

- Fees: None

- Legal basis for the administrative procedure:

Law on State Reserves.

4. Procedure name:

4. Name of procedure:

Direct wide sales of state-owned goods to all subjects

Administrative procedures for direct sales of state-owned goods to all subjects apply when selling rice, salt; rescue equipment and supplies, commonly mobilized industrial materials (after two unsuccessful public auctions), national reserves directly managed by the Ministry of Finance (State Reserve Administration General Department).

- Procedures and methods of implementation:

Step 1: Publicly announce the plan for direct sales of national reserves

Based on the Decision of the Director of the State Reserve Administration General Department approving the Plan for Direct Sales of National Reserves to all subjects, the Regional State Reserve Bureau announces the national reserve sales plan in three consecutive issues of local newspapers or three consecutive broadcasts on local television stations, at the warehouse sale location; on the Ministry of Finance's website, and the State Reserve Administration General Department's website. The announcement includes:

- List, specifications, quantity;

- Quality status;

- Warehouse export sale point;

- Selling price;

- Opening time;

- End time of sales.

Step 2: National reserve units implement the sales process of national reserves, specifically:

- Conduct quality checks before selling;

- Open the warehouse for sales at the specified time;

- Collect payment before delivering goods;

- Maintain records of stock removal, record invoices and documents according to regulations, reconcile money and goods daily;

- Report on the sale of national reserves according to regulations.

In case of sales through contracts, the Regional State Reserve Bureau signs purchase and sale contracts for national reserves; organizes delivery to individuals or organizations purchasing national reserves at the national reserve warehouse after receiving payment; settle the contract after both parties fulfill their obligations under the contract.

- Time limit for implementation: As stipulated in the decision approving the plan for direct sales of national reserves to all subjects by the Director of the State Reserve Administration General Department.

- Components and number of files (For buyers):

- Receipt;

- Purchase and sale contract (if applicable);

- Contract settlement certificate (if applicable).

- Subject implementing administrative procedures:

Organizations, units, and individuals purchasing national reserves.

- Administrative procedure implementing agency:

Regional State Reserve Bureau, Local State Reserve Bureau.

- Results of administrative procedures:

National reserves are sold according to the approved plan by the Director of the State Reserve Administration General Department.

- Fees: None

8. Legal basis for administrative procedures:

Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance guiding the import, export, purchase, and sale of national reserves,

4. Procedure name:

5. Name of administrative procedure:

Purchasing national reserves through bidding (local-level administrative procedure)

- Implementation Procedures:

Purchasing national reserves through bidding (local-level administrative procedure) applies to the purchase of rice and salt from national reserves directly managed by the Ministry of Finance (State Reserve Administration General Department). Two tender selection methods are applied in this administrative procedure including:

(1) One-stage one-envelope method applicable to open public bidding for small-scale tender packages and direct procurement purchases;

(2) Two-stage two-envelope method applicable to open public bidding for tender packages with a value exceeding VND 10 billion.

+ Procedures and methods for implementing single-stage single-envelope tender selection method

Step 1: Announce the plan to select contractors

The Regional State Reserve Bureau publicly announces the tender selection plan for each tender package on the national e-bidding system; the Ministry of Finance's website and the State Reserve Administration General Department's website.

Announcement period: within seven working days from the date the Director of the State Reserve Administration General Department approves the tender selection plan.

Step 2: Issue a tender invitation

The Regional State Reserve Bureau invites bids on the national e-bidding system; Vietnam Bidding Journal; the Ministry of Finance's website and the State Reserve Administration General Department's website.

Implementation period: The minimum time for the Bidding Newspaper to receive information is five working days before the planned issuance date of the tender invitation documents and request documents. These pieces of information are published once in the Bidding Newspaper.

Step 3: Issuance of tender invitation documents and request documents

The Regional State Reserve Bureau issues tender documents and request documents three working days after the first day of posting the bid invitation notice.

Minimum time to receive requests for clarification of tender invitation documents: Three working days before the closing time of the tender.

In case of modifying tender documents or request documents (if any): Regional State Reserve Bureaus must notify bidders at least three working days before the bid closing time. If the modification document submission period does not meet this requirement, the State Reserve Administration General Department will extend the bid closing time accordingly to ensure compliance with the document submission period.

Step 4: Prepare and submit tender documents and proposal documents

Bidders prepare and submit tender documents and proposal documents (submission deadlines for tender documents and proposals are specified in the tender documents and request documents); modify or withdraw tender documents and proposal documents before the bid closing time (if any) to the Regional State Reserve Bureau.

Tender guarantee deposit (only applicable to open public bidding): Contractors participating in the tender must implement the tender guarantee deposit before the closing time for tender documents; the amount of the tender guarantee deposit is specified in the tender invitation documents and request documents.

The preparation and submission period for tender documents starts from the date of issuance of the tender documents until the bid closing date. At least ten days and up to the maximum period specified in the bid invitation notice (for small-scale tenders);

The preparation and submission time of proposal documents is calculated from the start of the issuance of tender invitation documents to the closing time. The minimum time is five working days and the maximum time is stipulated in the request document notice (for direct procurement purchases).

Submission location for tender documents: Offices of Regional State Reserve Bureaus.

Step 5: Opening of tenders

The Regional State Reserve Bureau conducts the bid opening at the time and place specified in the tender documents and request documents.

The bid opening is conducted openly and only the tender documents received by the Regional State Reserve Bureau before the bid closing time are opened in the presence of representatives of bidders attending the bid opening ceremony, regardless of whether the bidders are present or absent.

Time limit for implementation: As stipulated in the Invitation to Bid (within one hour, starting from the bid closing time).

Location: Offices of Regional State Reserve Bureaus.

Step 6: Evaluation of tender documents and proposal documents

The Regional State Reserve Bureau evaluates tender documents and proposal documents according to the evaluation criteria and other requirements specified in the tender documents and request documents.

- For small-scale tender packages, the evaluation time of tender documents is counted from the opening date to the date when the tenderer submits the contractor selection results for approval by the project owner - a maximum of twenty-five days;

- For direct procurement purchases, the evaluation time of proposal documents is counted from the closing date to the date when the tenderer submits the contractor selection results for approval by the project owner - a maximum of thirty days. In necessary cases, the evaluation time of proposal documents can be extended up to twenty days but must ensure the project implementation schedule.

Step 7: Contract negotiation.

The first-ranked bidder is invited by the Regional State Reserve Bureau to negotiate the contract. If the invited bidder fails to attend the negotiation or refuses to negotiate, they will not be refunded the tender guarantee. If negotiations fail, the Regional State Reserve Bureau may invite the next-ranked bidder to negotiate; if negotiations with subsequent bidders also fail, the Director of the Regional State Reserve Bureau will decide to cancel the tender according to regulations.

Step 8: Approval of the tender selection results by the Director of the Regional State Reserve Bureau area

The Director of the Regional State Reserve Bureau approves the tender selection results.

Time of Implementation:

- For small-scale tender packages, the approval time of the contractor selection results is counted from the date the tenderer submits the application for approval of the contractor selection results or the review report in case of a review requirement - a maximum of five working days;

- For direct procurement packages, the time to approve the selection results shall be counted from the date of receipt of the proposal requesting approval of the selection results of the tenderer or the review report in case of a review requirement - maximum is 10 days.

Step 9: Announce the Selection Results of Tenderers

- After receiving the decision approving the result of the contractor selection, within seven working days, the State Treasury Management Agency in the region shall publish information on the result of the contractor selection on the national bidding network system; the Ministry of Finance's website and the State Treasury Administration's website.

Time limit for implementation: within seven working days from the date of the Decision approving the selection results of tenderers.

- The State Treasury Management Agency in the region shall send a notification letter regarding the result of the contractor selection to participating contractors via postal mail and fax.

Time limit for implementation: five working days, starting from the date the selection results of tenderers are approved.

Step 10: Finalize and Sign the Contract

The State Treasury Management Agency in the region and the selected contractor shall proceed to finalize and sign the contract. The contract signed between the parties must comply with the provisions of the Civil Code, the Law on Bidding, Decree No. 63/2014/ND-CP of the Government, the Invitation for Bid (IFB), Request for Proposal (RFP), Bid Submission (BS), Technical Proposal (TP), and other relevant legal regulations.

Time limit for implementation: As stipulated in the Invitation to Bid, Request for Proposal.

Step 11: Guarantee the Performance of the Contract

The selected contractor must implement measures to ensure contract performance. The deadline for submitting the contract performance guarantee to the State Treasury Management Agency in the region and the value of the contract performance guarantee shall be carried out according to the provisions in the IFB and RFP.

Time limit for implementation: As stipulated in the contract.

Step 12: Delivery and Acceptance of Goods

Goods are delivered on the transportation means of the seller at the door of the national reserve warehouse.

Time of execution: As stipulated in the contract.

Location: At the national reserve warehouse gate

Step 13: Terminate the Contract

The State Treasury Management Agency in the region and the contractor shall carry out contract termination after both parties have completed their contractual obligations (excluding warranty obligations).

Time limit for implementation: As stipulated in the contract.

+ Procedure, method, and time for implementation for the one-stage two-envelope bidding method

Step 1: Announce the plan to select contractors

The State Treasury Management Agency in the region shall announce the plan for selecting contractors for each tender package on the national bidding network system; the Ministry of Finance's website and the State Treasury Administration's website.

Time limit for announcement: Within seven working days from the date the Director of the State General Reserve Corporation approves the plan to select contractors.

Step 2: Issue a tender invitation

The State Treasury Management Agency in the region shall issue a tender invitation on the national bidding network system, the Vietnam Bidding Journal; the Ministry of Finance's website and the State Treasury Administration's website.

Time limit for implementation: The Bid Announcement receives information at least five working days before the expected issuance of the Invitation to Bid. These information are published once in the Bid Announcement.

Step 3: Issue the Invitation to Bid

The State Treasury Management Agency in the region shall issue the IFB three working days from the first day of posting the tender invitation announcement.

Minimum time to receive requests for clarification of tender invitation documents: Three working days before the closing time of the tender.

In case of amending the IFB (if any): The State Treasury Management Agency in the region must notify all contractors at least ten days before the bid closing date. If the time for sending the amendment notice does not meet this requirement, the State Treasury Management Agency in the region shall extend the bid closing date accordingly to ensure compliance with the time limit for sending the amendment notice.

Place of submission of BS: The offices of the State Treasury Management Agencies in the regions.

Step 4: Prepare and Submit the Bid Documents

Contractors participating in the tender shall prepare and submit the BS in accordance with the provisions in the IFB; modify or withdraw the BS before the bid closing date (if any) to the State Treasury Management Agency in the region.

Bid security deposit: The tenderer must implement the bid security measure before the bid closing time for the bid documents; the value of the bid security deposit according to the provisions in the Invitation to Bid.

The preparation and submission time of the Bid Documents is calculated from the start of the Invitation to Bid issuance to the bid closing time. Minimum is twenty days and maximum as specified in the bid announcement.

Step 5: Open Technical Proposals

The State Treasury Management Agency in the region shall conduct the opening of technical proposals at the time and place specified in the IFB.

The opening of technical proposals shall be conducted publicly and only those technical proposals received by the State Treasury Management Agency in the region before the bid closing date will be opened in the presence of representatives of participating contractors, regardless of whether the contractors are present or absent.

Time limit for implementation: As stipulated in the Invitation to Bid (within one hour, starting from the bid closing time).

Place: The offices of the State Treasury Management Agencies in the regions, specifically as provided in the IFB.

Step 6: Evaluate Technical Proposals

The State Treasury Management Agency in the region shall evaluate technical proposals according to the evaluation criteria specified in the IFB.

Time of execution: The Law on Bidding and its implementing regulations do not specify a clear time limit for this step.

Step 7: The Director of the State Treasury Management Agency in the region decides to approve and announce the list of contractors meeting the technical requirements.

The State Treasury Management Agency in the region shall notify all participating contractors of the list of contractors meeting the technical requirements, inviting those meeting the technical requirements to open financial proposals.

Time of execution: The Law on Bidding and its implementing regulations do not specify a clear time limit for this step.

Step 8: Open Financial Proposals

The State Treasury Management Agency in the region shall only open the financial proposals of contractors listed in the list of contractors meeting the technical requirements in the presence of representatives of participating contractors attending the financial proposal opening ceremony, regardless of whether the contractors are present or absent.

Time of execution: The Law on Bidding and its implementing regulations do not specify a clear time limit for this step.

Step 9: Evaluation of financial proposals and ranking of contractors

The State Treasury Management Agency in the region shall evaluate financial proposals according to the evaluation criteria specified in the IFB.

Time of execution: The Law on Bidding and its implementing regulations do not specify a clear time limit for this step.

Step 10: Negotiate the Contract

The first-ranked contractor shall be invited by the State Treasury Management Agency in the region to negotiate the contract.

If the invited contractor fails to attend negotiations or refuses to negotiate the contract, they will not be refunded the bid security deposit. If negotiations fail, the State Treasury Management Agency in the region may consider and decide to invite the next-ranked contractor to negotiate; if negotiations with subsequent ranked contractors also fail, the Director of the State Treasury Management Agency in the region may consider and decide to cancel the tender in accordance with the regulations.

The total time from Step 5 to the date when the tenderer submits the approval of the contractor selection results to the project owner shall not exceed forty-five days for the BS (this period does not include the time for review and approval, including the time for reviewing the technical proposal evaluation results for tenders using the one-stage two-envelope method). If necessary, the BS evaluation time can be extended up to twenty days while ensuring the project schedule.

Step 11: Approval of the result of the contractor selection by the Director of the State Treasury Management Agency in the region

The Director of the State Treasury Management Agency in the region shall issue a Decision approving the result of the contractor selection.

The approval time for the tender selection result starts from the date of receipt of the request for approval of the tender selection result submitted by the tenderer or the audit report in case of audit requirement - maximum 10 days.

Step 12: Announce the tender selection result

- After receiving the decision approving the result of the contractor selection, the Director of the State Treasury Management Agency in the region shall publish information on the result of the contractor selection on the national bidding network system; the Ministry of Finance's website and the State Treasury Administration's website.

Time limit for implementation: within seven working days from the date of the Decision approving the selection results of tenderers.

- The Director of the State Treasury Management Agency in the region shall send a notification letter regarding the result of the contractor selection to participating contractors via postal mail and fax.

Time limit for implementation: five working days, starting from the date the selection results of tenderers are approved.

Step 13: Finalize and sign the contract

The State Treasury Management Agency in the region and the selected contractor shall proceed to finalize and sign the contract. The contract signed between the parties must comply with the provisions of the Civil Code, the Law on Bidding, Decree No. 63/2014/ND-CP of the Government, the IFB, BS, and other relevant legal regulations.

Timeframe: As stipulated in the Tender Invitation Document.

Step 14: Guarantee for contract performance

The selected contractor must implement measures to ensure contract performance. The deadline for submitting the contract performance guarantee to the State Treasury Management Agency in the region and the value of the contract performance guarantee shall be carried out according to the provisions in the IFB.

Time limit for implementation: As stipulated in the contract.

Step 15: Delivery and acceptance

Goods are delivered on the transportation means of the seller at the door of the national reserve warehouse.

Time of execution: As stipulated in the contract.

Location: At the door of the national reserve warehouse.

Step 16: Contract termination

The State Treasury Management Agency in the region and the contractor shall carry out contract termination after both parties have completed their contractual obligations (excluding warranty obligations).

Time limit for implementation: As stipulated in the contract..

- Implementation method: Direct submission, submission through postal mail.

- Composition and quantity of documents

- Components and quantity of documents required for bidders participating in the tender

+ Receipt for purchasing the Tender Invitation Document, quantity 01 copy;

+ Request for clarification of the Tender Invitation Document, Request Document (if any), quantity 01 copy;

+ Bid Document (including Bid Bond), quantity as specified in the Tender Invitation Document;

+ Clarification document for the BS (if any), one copy.

- Components and quantity of documents required for the winning bidder during delivery and payment: Follow the provisions in the contract.

- Deadline for Resolution:

For small-scale tender packages, the maximum period is thirty-five days; for tender packages applying the two-envelope bidding method, the maximum period is sixty days; for direct procurement tender packages, the maximum period is forty-five days from the closing date of the tender to the date on which the Investor issues the Decision approving the tender results. In cases where the two-envelope bidding method and direct procurement tender packages are applied, if necessary, the time may be extended but not more than twenty days, while ensuring the project's progress.

- Subject implementing administrative procedures:

Bidders participating in the tender to supply goods for national reserves.

- Administrative agency implementing the administrative procedure: National Reserve Management Bureau, Regional Reserve Management Bureau

- Coordinating agencies:

National Reserve General Department, State Reserve Branches

- Result of implementing the administrative procedure:

Purchase of national reserve goods.

- Forms and application forms:: None

- Requirements and conditions for implementing administrative procedures: None

- Legal basis for the administrative procedure:

Circular No. 89/2015/TT-BTC dated June 11, 2015, guiding the import, export, purchase, and sale of national reserve goods issued by the Ministry of Finance;

the Public Procurement Law;

Decree 63/2014/ND-CP and guiding documents.

6. Name of procedure:

Selling national reserve goods through auction

According to Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance, the procedure of selling national reserve goods through auction applies to both the National Reserve General Department and other ministries and sectors managing national reserve goods. However, administrative procedures within each ministry or sector will fall under their respective authorities. Therefore, in this Decision, the National Reserve General Department only establishes the procedure for selling national reserve goods through auction applicable to itself.

Goods subject to application: Rescue and rescue equipment; commonly used industrial mobilization materials; national reserve rice directly managed by the Ministry of Finance (National Reserve General Department).

- Implementation process

Step 1: Selecting a professional auction organization

- The Regional Reserve Branch must publicly announce on central or local mass media the selection of a professional auction organization immediately after receiving the approval of the National Reserve General Department for the auction plan.

- Announcement period: At least twice, with each announcement separated by three days.

- Selection period for a professional auction organization: Maximum ten days from the date of posting the announcement.

Step 2: Publicly listing and announcing the auction sale of assets

- The auction organization (Regional Reserve Branch in case of establishing an Auction Asset Sale Committee) must post the auction sale of assets at the auction site, display location, and headquarters of the auction organization (Regional Reserve Branch).

- For assets with a starting price of thirty million dong or more, simultaneously with the posting, the auction organization (Regional Reserve Branch in case of establishing an Auction Asset Sale Committee) must publicly announce at least twice, with each announcement separated by three days, on central or local mass media regarding the auction sale of assets.

- The public listing and announcement of the auction sale shall include contents as prescribed in Clause 3, Article 28 of Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on the auction sale of assets.

Timeframe: At least seven days before conducting the auction sale, except where otherwise provided by law.

Step 3: Registering to participate in the auction of national reserve goods

- Participants in the auction must pay an auction participation fee and a deposit. The minimum deposit is 1% and the maximum does not exceed 15% of the starting price of the auctioned asset (without interest during the deposit period). If a participant registers to bid on multiple units of national reserve goods, the deposit must be equal to the total deposits for all units of goods being bid on.

- Handling the deposit of participants registering to bid:

+ If the participant who registered to bid wins the national reserve goods, the deposit will be deducted from the purchase price; if they do not win, the deposit will be refunded immediately after the auction ends;

+ If the participant who registered to bid does not participate in the auction without force majeure circumstances, and withdraws the highest bid before the auctioneer or auction manager announces the winner, the deposit belongs to the auction organization or the national reserve unit selling the goods (in case of forming an Auction Asset Sale Committee);

+ If the auctioneer or auction manager announces the winner, but the winner refuses to purchase the goods, the deposit belongs to the national reserve unit selling the goods and can be used to cover reasonable costs related to the auction of national reserve goods; any excess amount must be deposited into the state budget.

Timeframe: Not specifically regulated in auction-related laws and regulations.

Location: At Regional Reserve Branches.

Step 4. Displaying and viewing auctioned assets

Before the auction opening day, during regular working hours, the Regional Reserve Branch must facilitate participants' access to view the auctioned assets. Information about the asset must be clearly marked on the asset or sample.

Timeframe: At least two days before the auction opening day.

Step 5. Procedure for conducting the auction of assets

- Conducted in accordance with Article 34 of Decree No. 17/2010/NĐ-CP dated March 4, 2010 on the auction sale of assets.

- Cases: Auctioning assets when there is only one bidder, withdrawing bids, refusing to purchase auctioned assets are handled according to the relevant laws and regulations on the auction sale of assets.

- An auction of national reserve goods for each unit of auctioned goods is considered unsuccessful in the following cases:

+ No participants bid or offer prices;

+ The highest bid is lower than the starting price.

If the first auction is unsuccessful, the unit with the auctioned goods must cooperate with the professional auction organization to conduct a second auction. The second auction follows the same procedures as the first; if the second auction is also unsuccessful, the unit with the auctioned goods must report to the competent authority to decide on the sale method as stipulated in Clause 2, Article 23 of Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance.

Step 6. Sale Contract for National Reserve Goods Auctioned

- The purchase and sale contract for national reserve goods auctioned is concluded between the buyer of the auctioned national reserve goods and the unit holding the auctioned national reserve goods.

- The purchase and sale contract for national reserve goods through auction method includes main contents as prescribed in Clause 2, Article 19 of Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance.

Timeframe for implementation: The contract signing period shall be agreed upon by the parties but shall not exceed five (5) working days from the date of the end of the auction. If the buyer does not sign the purchase and sale contract, does not fulfill the guarantee to perform the contract, or signs the contract but fails to pay the full purchase price within the stipulated time, it will be deemed as refusal to purchase the goods.

- Payment deadline, payment method, payment location, delivery of auctioned goods:

+ Payment time, payment method, payment location: As agreed in the purchase and sale contract of auctioned goods, while also complying with the approved regulations in the plan for auctioning national reserve goods.

+ Delivery location of auctioned goods: Goods will be delivered on the buyer's means of transport at the national reserve warehouse gate.

- Contract liquidation: Within no more than five (5) days from the date both parties complete the handover of goods.

- Number and Content of Files:

- Registration document to participate in the auction of national reserve goods;

- Receipt of advance payment for each unit of auctioned goods;

- Purchase and sale contract;

- Liquidation minutes of the contract.

- Subject implementing administrative procedures

Professional auction organizations, individuals participating in purchasing auctioned national reserve goods.

- Administrative procedure implementing agency: State General Reserve Corporation, Regional Reserve Corporation.

- Coordinating agency: Provincial Reserve Corporation.

- Results of administrative procedure implementation: Sale of national reserve goods.

- Processing time limit: Legal documents do not specify a specific processing time limit.

- Fees: Organizations and individuals participating in purchasing auctioned national reserve goods must pay fees as prescribed in Circular No. 03/2012/TT-BTC dated January 5, 2012 of the Ministry of Finance.

- Legal basis for the administrative procedure:

Circular No. 89/2015/TT-BTC dated June 11, 2015, guiding the import, export, purchase, and sale of national reserve goods issued by the Ministry of Finance;

Law on National Reserves;

Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on Auctioning Assets;

Circular No. 03/2012/TT-BTC dated January 5, 2013 of the Ministry of Finance.

 

 

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1014/QĐ-BTC
Decision No. 1014/QD-BTC on the functions, tasks, powers, and organizational structure of the Inspectorate under the General Department of Customs
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