This Circular stipulates investment and procurement activities in the People's Public Security, applicable to units and localities under the Ministry of Public Security. The main contents include authority, classification of decision-making powers, approval; procedures for implementation, inspection, and supervision of investment and procurement activities; sources of funds, budget, and specific regulations on selecting contractors, signing contracts, acceptance, and payment. This Circular takes effect from February 10, 2026, replacing Circular No. 35/2025/TT-BCA.
적용 범위
Units and local public security organs under the Ministry of Public Security and individuals and organizations related to investment and procurement activities in the People's Public Security.
핵심 사항
- Units and local public security organs are granted the authority to decide on investment and procurement with a total investment amount below 90 billion VND;
- To examine and approve the investment policy for projects classified as Group A, B, and C, decided by the Minister of Public Security;
- To select contractors and sign contracts in accordance with bidding regulations;
- To inspect, distribute, monitor assets and goods procured;
- To control and settle procurement expenses according to the assigned budget;
🌐 이 문서의 사회적 영향
- Positive impact: Enhance the efficiency of managing and using state assets in the People's Public Security;
- Negative impact: May cause difficulties for units in complying with regulations on authority and classification of decision-making powers;
❓ 자주 묻는 질문
What is the authority of the Minister of Public Security regarding investment in projects classified as Group A, B, and C?
The Minister of Public Security decides on the investment policy and approves the overall plan for selecting contractors for projects classified as Group A, B, and C.
How is the examination of investment projects carried out?
Examination is conducted through either an examining agency or an examination board. The lead examining agency is responsible for organizing the examination process and its results.
What are the regulations on selecting contractors?
Selection of contractors is carried out in accordance with laws on bidding. Approval of the selection plan does not exceed five working days.
What is the deadline for examining detailed procurement budgets?
Detailed procurement budget examination does not exceed thirty days from the date of receiving complete valid documents.
Which goods can units and local public security organs decide to procure independently?
Units and local public security organs may independently decide to procure goods with prices fixed by the State according to laws on pricing.
전문
33
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MINISTRY OF PUBLIC SECURITY |
SOCIALIST REPUBLIC OF VIET NAM |
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Independence Freedom Happiness |
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Number: /2026/TT-BCA |
Hanoi, day month year 2026 |
CIRCULAR
Regulations on investment and procurement in the People's Public Security
Based on the Law on Management and Use of State Property;
Based on Decree No. 73/2026/NĐ-CP dated March 10, 2026 of the Government detailing implementation of certain provisions of the Law on State Budget;
Based on Decree No. 02/2025/NĐ-CP dated February 18, 2025 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Public Security amended and supplemented by Decree No. 11/2025/NĐ-CP dated July 1, 2025;
At the proposal of the Director of the Department of Planning and Finance
The Minister of Public Security issues this Circular regulating investment and procurement activities in the People's Public Security.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Circular stipulates certain contents regarding authority, decentralization, delegation to decide and approve in investment and procurement activities; implementation of investment and procurement activities; issuance, tracking of assets and goods; payment of procurement funds; inspection and supervision of investment and procurement activities in the People's Public Security.
2. This Circular does not regulate:
a) Investment for construction projects; management, issuance, payment, settlement of capital and funds of procurement projects;
b) Investment and procurement using enterprise capital and development funds of public service units in the People's Public Security;
c) Procurement of materials, raw materials, services for production not falling under the cases where the competent authority assigns tasks or orders production.
3. Contents of investment and procurement not specified in this Circular shall be implemented in accordance with laws on public investment; bidding; state budget; management and use of state property and other relevant regulations.
Article 2. Applicability
1. Units and local public security agencies include:
a) The Ministry of Public Security;
b) Provincial public security agencies (hereinafter referred to as provincial-level public security agencies);
2. Functions and individuals related to investment and procurement activities in the People's Public Security.
Article 3. Explanation of Terms
1. Goods and services in the People's Public Security are special assets, dedicated assets, assets for management work, and other goods (including drugs), and services.
2. Detailed procurement budget is the proposal for procurement needs when no investment project is established, including contents such as: types, lists of goods and services, quantities, unit prices, total funds, basic technical requirements, beneficiaries, and other contents for implementing procurement.
3. Procurement unit is the People's Public Security units and localities assigned capital and funds to organize procurement.
4. Production bases in the People's Public Security include enterprises, public service units, and other production bases under the People's Public Security units and localities assigned tasks and ordered to produce products serving security missions by competent authorities.
Article 4. Principles of investment and procurement
1. Compliance with laws on public investment, bidding, management and use of state property, state budget, and other relevant regulations.
2. Investment policies, designs, and detailed budgets of investment projects, detailed procurement budgets, overall plans for selecting contractors (if any), contractor selection plans must be approved.
. Organize procurement in accordance with the capital and fund indicators assigned, revenue and expenditure plans approved by the competent authority (for purchasing medicines, chemicals, materials using income from hospital operations).
. Ensure fairness, transparency, economic efficiency, and accountability; comply with equipment standards and actual usage needs; meet the requirements of work and combat of the People's Public Security force.
. Only procure imported goods in cases where domestic production does not meet the requirements of work and combat.
. Heads of procurement units who are delegated authority to decide on investment and procurement are responsible before the law and the Minister of Public Security for their decisions. Persons delegated authority to decide on investment and procurement may not delegate further.
Article 5. Sources of capital and procurement funds
1. Development investment capital.
2. Regular operating expenses.
3. National reserve funds.
4. Special funds.
5. Local support capital and funds.
6. Other lawful capital and funds.
Article 6. Investment and procurement activities
1. Procurement under investment projects:
a) Establishing, reviewing, and approving the investment policy statement, except where approval of the investment policy statement is not required according to regulations;
b) Establishing, reviewing, and approving the investment project;
c) Establishing and approving the overall plan for selecting contractors (if applicable);
d) Establishing and approving the plan for selecting contractors; establishing, reviewing, and approving detailed design and budget estimate (for projects or components with two-stage design);
đ) Selecting contractors; signing and implementing contracts;
e) Issuing, monitoring assets and goods purchased;
g) Controlling, issuing, and settling payments.
2. Procurement under budgets:
a) Establishing, reviewing, and approving detailed procurement budgets;
b) Establishing and approving the plan for selecting contractors;
c) Selecting contractors; signing and implementing contracts;
d) Issuing, monitoring assets and goods purchased;
đ) Controlling, issuing, and settling payments.
Chapter II
SPECIFIC PROVISIONS
Section 1
AUTHORITY, GRADATION, DELEGATION OF DECISIONS AND APPROVALS IN INVESTMENT AND PROCUREMENT ACTIVITIES
Article. Procurement under projects
1. The Minister of Public Security:
a) Decides on the investment policy statement for Class A, B, and C projects as prescribed;
b) Invests in Class A, B, and C projects, except cases delegated or authorized as provided in point a, Clause 2 of this Article;
c) Approves the overall plan for selecting contractors as prescribed.
2. Heads of procurement units:
a) Invest in projects with total investment costs below 90 billion VND; invest in other projects when assigned or authorized by the Minister of Public Security;
b) Approve detailed designs and budgets of Class A, B, and C projects;
c) Approve plans for selecting contractors and other specified contents.
3.
Article. Procurement under budgets
1. The Minister of Public Security decides on procurement, except in cases stipulated in Clauses 2, 3, 4, and 5 of this Article.
2. Heads of second-level and third-level budget units directly related to first-level budget units decide on procurement within the allocated Public Security Ministry budget.
3. Heads of third-level budget units directly related to second-level budget units and heads of other units decide on procurement within the scope of the directly superior budget unit's allocation or authorization.
4. Directors of hospitals subordinate to the Public Security Ministry, directors of provincial-level public security hospitals decide on purchasing medicines, chemicals, and materials from lawful financial sources of their units, consistent with their level of financial autonomy, financial plans, or approved revenue and expenditure budgets, internal spending regulations of the unit, and relevant laws.
5. Heads of production facilities within the People's Public Security decide on purchasing raw materials and inputs for producing and processing products serving security tasks assigned by competent authorities, ensuring compliance with tendering regulations and other relevant provisions.
6.
Section 2
INVESTMENT POLICY STATEMENTS, INVESTMENT PROJECTS, DESIGN AND BUDGET ESTIMATES OF INVESTMENT PROJECTS, PROCUREMENT BUDGETS, OVERALL PLANS FOR SELECTING CONTRACTORS, PLANS FOR SELECTING CONTRACTORS
Article . Investment Orientation
1. Preparing the Preliminary Feasibility Study Report and the Investment Proposal Report:
a) Units under the Ministry of Public Security and provincial public security agencies shall aggregate needs and register the medium-term public investment project portfolio according to the guidelines of the Ministry of Public Security and submit it to the Financial Planning Department for reporting to the leadership of the Ministry for consideration and guidance. Upon approval by the competent authority, the Financial Planning Department will notify relevant units and localities to prepare the Preliminary Feasibility Study Report or the Investment Proposal Report;
b) In cases where there is a need for important and urgent investments arising after the approval of the Ministry of Public Security's medium-term public investment plan, relevant units and localities shall supplement the project portfolio and submit it to the Financial Planning Department for reporting to the leadership of the Ministry for consideration and guidance. Upon approval by the competent authority, the Financial Planning Department will notify relevant units and localities to prepare the Preliminary Feasibility Study Report or the Investment Proposal Report.
2. Basis for preparing the Preliminary Feasibility Study Report and the Investment Proposal Report:
a) National industry planning, programs, and tasks that have been approved by the competent authority (if applicable);
b) Notifications from the Financial Planning Department as stipulated in Clause 1 of this Article;
c) Current equipment status;
d) Equipment usage standards and actual work and combat requirements;
đ) Documentation explaining the basis for initially determining the total investment amount.
3. The content of the Preliminary Feasibility Study Report and the Investment Proposal Report shall be carried out in accordance with public investment regulations and other related regulations.
The design proposal content is integrated into the Preliminary Feasibility Study Report and the Investment Proposal Report. A project may simultaneously apply two design schemes (one-step design, two-step design as stipulated in Clause 1 and Clause 2 of this Circular) to suit the investment content; when applying two design schemes, the corresponding design scheme for specific investment items must be clearly proposed.
4. Adjustments and suspension of investment orientation shall be carried out in accordance with public investment regulations and other related regulations.
Article . Investment Project
. The content of the feasibility study report for the project shall be implemented in accordance with public investment regulations and related regulations.
. Adjustment of investment projects shall be carried out in accordance with public investment regulations and other related regulations.
For projects specified in point a, Clause 2 of this Circular:
a) If the project's investment item requires synchronization, connection, and data sharing with technical systems within the People's Public Security, the opinion of units under the Ministry of Public Security on the design content of that item must be sought before proceeding;
b) Units receiving opinions shall be responsible for responding within a maximum period of 10 days from the date of receipt of the request for comments.
Article . Project Design
1. One-step design is detailed design integrated into the feasibility study report for the project and applied to projects not falling under the circumstances specified in point b, Clause 2 of this Article.
2. Two-step design:
a) Includes basic design and detailed design. Basic design is integrated into the feasibility study report for the project. Detailed design must align with the main contents and parameters of the approved basic design;
b) Two-step design is applied to projects with a total value of installation and system establishment items of 90 billion VND or more (including the value of related services) and other cases deemed necessary by the competent authority to require two-step design.
3.
For detailed design approved by the investor
. Adjustment of project design: Project design can be adjusted when the approved design content no longer suits the actual conditions or when higher efficiency factors arise from adjustments. The unit proposing the design adjustment must report the reasons for the adjustment, compare and analyze the suitability and efficiency of the adjustment proposal against the previously approved content, and at the same time propose measures to ensure feasibility during implementation.
Article. Project budget estimate
1. The project budget estimate is established, reviewed, submitted, and approved simultaneously with the detailed design of the project.
2. Principles for establishing the project budget estimate:
a) Ensuring investment and procurement principles as stipulated in Article 4 of this Circular;
b) A separate budget estimate for special consumption tax (if applicable);
c) For imported goods and services, the budget price is the CIF or CIP price (excluding import tax and value-added tax) and contract implementation costs (including all taxes and fees as prescribed), calculated in Vietnamese dong, converted to equivalent foreign currency at the exchange rate at the time of the project budget estimate preparation;
For domestically purchased goods and services (including domestically produced and processed goods and services; goods and services produced and processed abroad but offered for sale in Vietnam), the budget price includes all prescribed taxes and fees, calculated in Vietnamese dong;
For specialized transportation equipment included in the list of domestically produced equipment that must be imported due to operational requirements, the budget estimate should include all prescribed taxes and fees;
d) The content of the project budget estimate shall be implemented in accordance with laws on public investment.
3. Adjustment of the project budget estimate:
The project budget estimate is adjusted when the total investment amount of the project is adjusted; when the contents already approved in the budget estimate no longer meet actual conditions.
Article. Detailed procurement budget estimate
1. The detailed procurement budget estimate is established in accordance with the principle set out in Clause 2 of this Circular; the budget unit price must be consistent with the requirements, features, and basic technical specifications of the goods and services expected to be procured.
2. Basis for establishing the detailed procurement budget estimate:
a) Notification of procurement funding indicators where there is no notification of procurement funding indicators but procurement is necessary to meet urgent needs for work and combat operations must be permitted by authorized persons to proceed with procurement procedures; hospital activity revenue and expenditure plans for drug, chemical, and material purchases;
b) Documentation serving as the basis for explaining the detailed procurement budget estimate including current equipment status; equipment standards and quotas; job requirements; documentation serving as the basis for proposing types, lists of goods and services, budget unit prices, requirements, features, technical specifications, beneficiaries.
3. Content of the detailed procurement budget estimate:
a) The detailed procurement budget estimate table includes proposals on: types, lists; quantities, unit prices, total amounts, overall budget estimates, basic technical requirements, beneficiaries, sources of supply;
b) The explanation of the detailed procurement budget estimate includes the following contents: the necessity of procurement (analysis of current status; actual needs; comparison with standards and quotas; proposed procurement lists and quantities); features, effects, basic technical specifications of each item; diagrams and construction design solutions in cases of purchasing technical systems; explanation of budget unit prices.
4. Adjustment of the detailed procurement budget estimate: In cases where it is necessary to adjust the content within the approved detailed procurement budget estimate, the unit proposing the adjustment must review and prepare a report, accompanied by documentation serving as the basis for the adjustment proposal, ensuring that the total procurement value after adjustment does not exceed the announced procurement funding.
5. For procurement using 100% local government support funds:
a) Provincial Public Security Departments report to the Ministry of Public Security (through the Department of Planning and Finance) on the policy
Article Comprehensive Plan for Contractor Selection
The establishment, approval, and adjustment of the comprehensive plan for contractor selection shall be carried out in accordance with the provisions, specifically as follows:
1. Comprehensive plan for contractor selection
The comprehensive plan for contractor selection shall be established after the project.
Article Plan for Contractor Selection
1. Principles, legal basis for establishing the plan for contractor selection and the contents of the plan for contractor selection are regulated by law.
In cases where it is necessary to adjust one or more contents within the approved plan for contractor selection, only the adjusted content shall be established and approved.
2. Forms of contractor selection shall be implemented in accordance with the regulations.
3. The time for organizing contractor selection for each tender package is the number of days from the date of issuance of the tender documents or request for proposal until the selection result is obtained (including the review period). In cases of tender cancellation, the investor does not need to approve adjustments to the start time of the contractor selection organization in the already approved plan for contractor selection.
Section 3
REVIEW, APPROVAL OF INVESTMENT AND PROCUREMENT
Article Forms of Organizing Review
The organization of review in investment and procurement shall be carried out in the form of
Reviewing agency
Review board, review team
Cases of review conducted in the form of reviewing agency:
a) Investment policy, investment project, detailed design and budget estimate of the investment project, except in cases provided for in Clause of this Article;
b) Detailed procurement budget;
c) Contents specified by the investor, except in cases provided for in point b of Clause of this Article.
Cases of review conducted in the form of review board, review team:
a) Investment policy for national key projects and investment policy for projects under the Prime Minister's decision-making authority (internal review);
b) The head of the purchasing unit may establish a review team to conduct reviews on contents decided by themselves.
Article Reviewing Agency
1. The leading reviewing agency decides on soliciting opinions from related agencies both inside and outside the Public Security sector or hiring consultants to audit during the review process and is responsible for the organization and results of the review.
2. The coordinating reviewing agency studies and provides written comments within ten days from the date of receipt of the request letter from the leading agency and is responsible for their review comments.
Article Review Board
1. Principles of review in the form of a Review Board:
a) The Review Board operates under a responsibility system, with individuals bearing responsibility. The Chairman of the Review Board approves the conclusions;
b) All sessions of the Review Board convened by the Chairman must have at least three-quarters of the members present;
c) If the Review Board does not hold a meeting, the Chairman decides and instructs the Secretary of the Review Board to collect written review opinions from the members to compile and report to the Chairman;
d) During the review process, the Chairman of the Review Board decides on the establishment of a working group and reports to the competent authority for permission to hire consultants for auditing, and to seek the opinions of experts and related agencies both inside and outside the Public Security sector.
2. Composition and criteria for Review Board members:
a) The Review Board consists of the Chairman and representatives of related agencies;
b) Members of the Review Board must have professional qualifications and work experience in planning, finance, technology, and other relevant fields related to the review content. For bidding reviews, members of the Review Board must meet the conditions stipulated by the law on bidding; individuals participating in the expert team cannot simultaneously participate in the Review Board of the same tender package.
3. Rights and responsibilities of the Chairman of the Review Board:
a) Chairing review sessions;
b) Signing the Report on the Results of the Review;
c) Deciding on other issues related to the activities of the Review Board;
d) Being responsible for the organization and results of the review by the Review Board.
4. Rights and responsibilities of the Deputy Chairman of the Review Board (if any):
a) Chairing review meetings, signing the Report on the Results of the Review when authorized by the Chairman and being responsible within the scope of authorization;
b) Exercising the rights and responsibilities of a member of the Review Board.
5. Rights and responsibilities of the Secretary of the Review Board:
a) Advising and assisting the Review Board in organizing the review (receiving and sending documents related to the review process; compiling the opinions of Review Board members; preparing meeting materials and recording minutes of Review Board meetings; drafting the Review Report for approval by the Chairman to report to the competent authority; performing other tasks related to the review process as assigned by the Chairman);
b) Exercising the rights and responsibilities of a member of the Review Board.
Rights and responsibilities of Review Board members:
a) Studying documents, providing written review opinions and submitting them to the Chairman within the deadline;
b) Attending all sessions of the Review Board;
c) Having the right to reserve opinions and being responsible for their review opinions.
Article . The organization shall review the contents decided by the Minister of Public Security.
The application for review of investment orientation includes:
The application for review;
A copy with the directive opinion of the leadership of the Ministry of Public Security on the content of the preliminary feasibility study report and the proposal for investment orientation;
Preliminary feasibility study report, proposal for investment orientation (including a detailed explanation of the necessity to invest, scale of investment; statistics and assessment of the current equipment status and the proposed location for installation; investment requirements; comparison results with equipment standards and norms; proposal for the list, quantity, and target of equipment; documentation on price must reflect the features, effects, configuration, basic technical specifications, origin, and model number of goods);
A copy from the locality regarding the arrangement and support of capital and expenses;
Other relevant documents;
The application for review of the investment project includes:
The application for review;
Feasibility study report;
Documents serving as the basis for design proposals and budget estimates;
Other documents (if any);
In cases where the application for review of the investment project is submitted more than six months from the date the investment orientation is approved or the documents serving as the basis for determining the preliminary total investment cost have become invalid, the investor must establish a unit price estimate to determine the total investment cost according to this provision.
The application for review of detailed procurement budget includes:
The application for review;
Detailed procurement budget and documents serving as the basis for proposing the unit price estimate according to this point and clause;
.
The review period is calculated from the day the reviewing agency receives complete and valid files, excluding the time for studying and explaining the application for review;
a) The review of investment orientation, investment projects, and design and budget estimates of investment projects shall be carried out in accordance with the laws on public investment;
b) Review of detailed procurement budgets: not exceeding thirty days;
Article 2. Review of the contents decided by the head of the purchasing unit;
1. Responsibility for review: The head of the purchasing unit assigns the specialized department under its jurisdiction or establishes a review board or review team to organize the review before approval;
2. Application for review;
Shall be implemented in accordance with the provisions of this Circular;
The review of tender invitation documents, request documents, and the results of contractor selection shall be carried out in accordance with the regulations;
3. Content of the review of investment projects, detailed designs, and project budgets, detailed procurement budgets shall be carried out in accordance with the provisions of this clause of this Circular. The content of the review of tender invitation documents and request documents shall be carried out in accordance with the regulations;
4. The review period for the contents stipulated in Clause 3 of this Article shall be carried out in accordance with this clause of this Circular. The review period for tender invitation documents, request documents, and the results of contractor selection shall not exceed twenty days;
Article 2. Approval process for investment and procurement;
1. For national key investment projects and investment orientations within the Prime Minister's decision-making authority: based on the internal review results, the assigned unit completes the preliminary feasibility study report and submits it to the Minister of Public Security for submission to the competent authority for decision;
2. Approval process for the contents decided by the Minister of Public Security;
a) For investment orientations: based on the review results, the assigned unit completes the preliminary feasibility study report and investment orientation proposal, perfects the file, and sends it to the Department of Planning and Finance for consolidation and solicitation of opinions from the planning and finance management before submitting to the Minister or making a decision. In cases requiring reporting to solicit opinions from the Central Party Committee of the Public Security, the Department of Planning and Finance reports and consolidates for submission to the Minister or is delegated by the Minister to make a decision;
b) For investment projects, detailed procurement budgets, and overall plans for selecting contractors: based on the review results (if any), the purchasing unit perfects the file and submits for decision;
During the file completion process, if there are contents that are inconsistent with the review results, the purchasing unit exchanges with the Department of Planning and Finance to reach consensus before submitting for approval according to regulations;
3. Approval process for the contents decided by the head of the purchasing unit: the assigned units or organizations complete the file and submit for approval according to regulations;
Section 4
SELECTION OF CONTRACTORS; DISTRIBUTION, MONITORING OF ASSETS, GOODS, SERVICES PURCHASED;
PROCUREMENT ITEMS
Article 2. Selection of contractors; review and approval of contractor selection results
1. Time for organizing contractor selection:
a) Time to approve the overall plan for selecting contractors, the tendering plan, tender documents, request documents, list of contractors meeting technical requirements, and the results of contractor selection: not exceeding five working days from the date of receiving all documents for approval.
b) Time for organizing contractor selection shall be carried out in accordance with regulations.
2. To organize contractor selection, the project owner decides to establish an expert team, or designate a subordinate unit, assign a subordinate payment unit, or select a bidding consulting unit when personnel do not meet the requirements to perform certain procurement tasks; designate one competent and experienced subordinate unit or establish an evaluation or contractor selection advisory unit when personnel do not meet the requirements to evaluate contents within the scope of decision-making authority.
3. For procurement packages for goods and services with prices set by the State according to the laws on pricing, the procurement unit may independently decide on procurement based on ensuring transparency, economic efficiency, and accountability before competent authorities with jurisdiction.
4. Tender documents shall specify origin by group of countries or regions; in cases where the origin does not include Vietnam, goods of Vietnamese origin will still be considered, evaluated, and entitled to preferential treatment. For domestic tendering procurement packages for goods where at least three manufacturers of Vietnamese origin products meet technical, quality, and price requirements, the project owner decides to require contractors to quote Vietnamese-origin goods.
5. When submitting a shortlist of invited participants for limited tendering or a list of expected contractors to receive request documents for designated tendering, detailed explanations must be provided for the project owner to consider and decide.
6. The decision approving the results of contractor selection shall clearly state: the list of items, types, quantities, brand names, model numbers, year of manufacture, configuration, basic technical specifications, origin of winning goods, unit price of winning bid, total value of winning bid, taxes and fees (if any), name and address of the winning contractor.
Article 2. Signing of Contracts
1. Contract signing and contract amendment must ensure compliance with relevant regulations and laws.
2. The performance period of the contract is calculated from the date the contract becomes effective until the parties complete their contractual obligations. The contract must specifically stipulate the implementation period of the procurement package, the contract performance period, and the completion deadlines for contractual obligations.
3. The validity of the contract is calculated from the date the contract becomes effective until the date the parties terminate the contract according to the law or settle the contract; contract settlement shall be carried out in accordance with the provisions.
4. During the contract performance period, the contract may be reviewed and amended in accordance with the provisions herein and subsequent provisions:
a) Amendments to progress, volume, and price terms only apply during the procurement package implementation period specified in the contract, except in cases of optional additional purchases.
b) The parties involved in the contract assess the proposed amendment plan and agree to sign an amendment annex. In cases of amending the technical specifications of goods, the amendment plan must be assessed as equivalent to the technical specifications of goods in the signed contract.
c) In cases where the contract amendment originates from the contractor's request, the project owner conducts verification and clarification of the cause to develop appropriate solutions.
Article. Acceptance, issuance, monitoring of assets, goods, services
1. The purchasing unit shall be responsible for the objectivity, transparency, honesty, and accuracy and completeness of the acceptance results; organize acceptance only after the contractor has fulfilled the contract handover correctly and completely, specifically as follows:
a) Goods and services within the scope of supply of the tender package (including the establishment, installation of equipment systems, technology transfer, training, guidance on use, operation of machinery and equipment, and other
b) Documents and papers proving the legality of goods and services according to the contract provisions.
2. Acceptance of goods and services that do not require construction, installation, system establishment as stipulated in the contract:
a) Check the quantity and content of the documents and papers proving the legality of the goods;
b) Check the quantity, condition, information, technical specifications of the goods (based on actual goods and accompanying documents);
c) Inspect the entire batch or a sample to confirm that the goods operate normally;
d) Confirm the contents implemented according to the contract provisions and the contents required to be implemented outside the contract provisions (if any);
đ) Prepare the acceptance record, with signatures confirming from all parties involved in the acceptance.
3. Acceptance of goods which are complex technical equipment systems requiring installation and establishment into a system:
a) Acceptance of goods before installation and establishment into a system according to the provisions at points a, b, d, đ clause 2 of this Article;
b) Check the overall operation of the technical equipment system after installation and establishment into a system;
c) Test-run the system for the time specified in the contract to evaluate its performance ensuring normal operation;
d) Prepare the overall acceptance record, with signatures confirming from all parties involved in the acceptance.
4. Issuance, monitoring of purchased assets and goods:
a) After the assets and goods have been handed over and accepted according to the contract, based on the decision of the competent authority to equip, the purchasing unit issues them to the management and using units according to the laws on management and use of state assets and other relevant regulations at the original value of fixed assets or the value of goods based on provisional pricing (contract settlement price or price according to the supplier's invoice)
b) Based on this, the asset management and usage unit is responsible for accounting for the equipped assets and goods according to accounting regulations
Section 5
CONTROL, ISSUE, PAYMENT OF PURCHASE EXPENSES EXPENSES
PROCUREMENT
Article 2. Issuance and payment of procurement expenses
1. Management, issuance, and payment of procurement expenses shall be carried out strictly in accordance with the approved budget, from the designated funding source, under the conditions and procedures prescribed by law for each funding source.
2.
For the form of cash disbursement orders, the Department of Planning and Finance requests the competent authority to allocate funds to the Ministry of Public Security's deposit account to issue to the purchasing unit for payment to the contractor
Article 2. Control of issuance and payment of procurement expenses
1. The Department of Planning and Finance reviews the issuance and payment expense documentation
The head of the purchasing unit shall inspect the documentation and vouchers and be responsible for the legality and validity of the submitted documentation for payment; the control and payment process shall comply with the State budget law and related regulations.
. The purchasing unit shall submit to the Department of Planning and Finance the original or certified copies of the following documents and only once until the procurement is completed (except in cases of adjustment or supplementation):
a) Decision approving the procurement budget estimate;
b) Tender selection plan.
. For each request for issuance and payment of procurement expenses, the review documentation includes:
a) The purchasing unit's document requesting issuance and payment of procurement expenses;
b) Decision approving the tender selection result;
c) Supply contract, amended contract document (if any) accompanied by guarantees for contract implementation. For entrusted import contracts or import goods purchase contracts, submit the import contract signed by the contractor with foreign partners along with a certified Vietnamese translation;
d) Guarantee for advance payment, contract performance guarantee, confirmation of frozen account (if any), confirmation of escrow account according to regulations;
đ) Other related documents and materials concerning the contract (if any).
. Within three working days from the date of receiving complete documentation, the Department of Planning and Finance shall inspect and control the issuance and payment documentation; if it finds that the expenditure has not been carried out in accordance with the regulations on asset and goods procurement in the People's Public Security or may lead to waste, it shall temporarily suspend the issuance and payment request and issue a document requesting a review and completion of the documentation or report to the Ministry of Public Security leadership for instructions.
. The head of the purchasing unit shall direct the end-of-year budget management and execution of fund transfers according to regulations; during the implementation process, calculate the disbursement capacity, if the allocated budget index is not fully utilized, timely report to the Ministry of Public Security (through the Department of Planning and Finance) to adjust the procurement budget according to regulations.
MEDICAL SUPPLIES, HEALTH EQUIPMENT
Chapter 6
CONCENTRATED PROCUREMENT; MEDICINES, CHEMICALS,
MEDICAL SUPPLIES, MEDICAL EQUIPMENT
Article 2. Centralized Procurement
Article. Establishing Demand for Use and Organizing Procurement of Medicines, Chemicals, Medical Supplies, and Medical Equipment
1. Based on the needs of hospitals and budgetary units with affiliated healthcare facilities, they shall proactively establish demand for the use of medicines, chemicals, medical supplies, and medical equipment of their units, including:
medicines listed under centralized procurement and price negotiation;
medicines, chemicals, medical supplies, and medical equipment procured by the unit in accordance with the law.
The procurement of medicines, chemicals, medical supplies, and medical equipment for agency healthcare, detention facility healthcare, and drug rehabilitation center healthcare must ensure service provision for primary care, initial treatment for accidents and injuries, common illnesses, chronic diseases, commensurate with the scale of illness, level, expertise, and technical services approved by competent authorities to implement.
. The procurement unit is responsible for organizing timely procurement of medicines, medical equipment, and laboratory supplies outside the centralized procurement and price negotiation list to meet treatment requirements, except for certain cases as stipulated by the Ministry of Health and announced in writing by the centralized procurement and price negotiation unit.
For the procurement of medicines and medical equipment for retail sale at pharmacies within the premises of the unit, and the procurement of vaccines for vaccination through service provision, the unit may independently decide procurement based on ensuring transparency, fairness, economic efficiency, and accountability.
. The establishment, review, and approval of detailed budgets for medicine, chemical, medical supply, and medical equipment procurement and the plan for selecting contractors shall be carried out in accordance with Articles, Article 1, Article, Article 1, Article 2 of this Circular and other relevant regulations.
For the procurement of medicines, chemicals, and medical supplies by hospitals under the Ministry of Public Security, in necessary cases, the hospital director must seek the opinion of the Health Department before approving the detailed procurement budget according to Clause 4 of Article of this Circular; the Health Department is responsible for providing written opinions within 10 days from the date of solicitation.
. The organization of contractor selection; signing, managing, monitoring contract implementation; settlement and finalization of contracts shall be conducted in accordance with the law on bidding and other relevant regulations.
In cases where medicines, medical equipment, and laboratory supplies listed in the centralized procurement plan have not yet resulted in a contractor selection outcome or no winning bidder has been selected, or when the framework agreement of the centralized procurement tender package expires based on the notification of the centralized procurement unit, the procurement unit may proactively organize procurement in accordance with the law on bidding to meet usage needs for up to 12 months and be reimbursed by the health insurance fund at the contract price.
Section 7
SUPPLY AND UPLOADING OF BIDDING INFORMATION
AND ONLINE BIDDING
Article. Supplying and Uploading Bidding Information
1. Units and local public security agencies, when drafting project investment documents, procurement budgets, and tender packages, must base on the provisions of the law on protecting state secrets to determine state secrets and the degree of confidentiality of state secrets to develop management and protection measures for state secrets in accordance with the law.
2. The procurement unit is responsible for supplying and uploading bidding information onto the National E-Bidding System in accordance with the regulations.
Article. Online Bidding
1. The purchasing entity must organize the selection of contractors on the national online bidding system for public tenders, limited tenders, and competitive bidding procedures according to the prescribed schedule and process, except for cases where online bidding is not required as stipulated by law.
2. For investment projects, the costs of publishing bidding information and selecting contractors through the network shall be determined and accounted for within the project costs as prescribed by law; for procurement budgets, the purchasing entity shall determine related costs when preparing detailed procurement budgets as prescribed.
Section 8
SUPERVISION, EVALUATION OF INVESTMENTS; INSPECTION AND MONITORING OF BIDDING ACTIVITIES AND RESPONSIBILITIES OF THE RELATED PARTIES
Article. Supervision, evaluation of investments; inspection and monitoring of bidding activities
1. Investment supervision and evaluation shall be carried out in accordance with the regulations on investment supervision and evaluation in the People's Public Security Force.
2. The Department of Planning and Finance shall take the lead in organizing regular annual inspections of investment and procurement work in the People's Public Security Force, or inspections as required by the Ministry of Public Security; it shall also take the lead in monitoring and overseeing bidding activities according to its functions and at the request of the Ministry of Public Security for large-value, special, technically demanding tenders, sole-source tenders, and tenders with numerous objections.
The head of the purchasing entity shall organize inspections and monitoring of bidding activities for tenders within their approval authority, if deemed necessary.
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Chapter III
IMPLEMENTATION
Article. Effective Date
1. This Circular shall take effect from the date of issue.
2. Circular No. 35/2025/TT-BCA dated May 6, 2025, of the Minister of Public Security regarding investment and procurement in the People's Public Security Force shall cease to be effective from the date this Circular takes effect.
Article. Transitional Provisions
Investment projects and detailed procurement budgets that have been approved by competent authorities for investment proposals, investment projects, overall contractor selection plans (if any), detailed designs, budgets, detailed procurement budgets, and contractor selection plans before the effective date of this Circular shall continue to be implemented in accordance with
the provisions of this Circular for adjustments to the contents already approved by competent authorities.
Article. Implementation Responsibility
1. The Department of Planning and Finance shall take the lead, in coordination with the Department of Legal Affairs and Administrative Reform, Justice, and relevant units, in overseeing and inspecting the implementation of this Circular.
. Heads of public security units and localities and related organizations and individuals shall be responsible for implementing this Circular.
. During the implementation process, if there are difficulties or obstacles, public security units and localities shall report to the Ministry of Public Security (through the Department of Planning and Finance) for timely guidance.
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Place of Receipt: - Deputy Ministers; - Units under the Ministry of Public Security; - Public Security Departments of provinces and cities;
- To be filed: VT, V03, H01. |
THE MINISTER
Senior General Luong Tam Quang |
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