✦ Tóm lược thông minh
Circular No. 11/2010/TT-BKHĐT provides detailed regulations on competitive bidding for domestic procurement of goods, applicable to tenders with a value under two billion VND and meeting certain conditions. This circular guides the use of tender request forms for competitive bidding suitable for each level of tender price.
Đối tượng áp dụng
Domestic organizations and individuals when applying competitive bidding for procurement of goods.
Các điểm cốt lõi
- Tenders for procurement of goods with a value under two billion VND and being common, readily available goods on the market may apply competitive bidding.
- There are two types of Tender Request Forms for Competitive Bidding: Form A (applicable to tenders from 500 million to under two billion VND) and Form B (applicable to tenders under 500 million VND).
- The italicized text in the Tender Request Forms serves as guidance and illustration and needs to be specified based on the scale and nature of the tender.
- This Circular takes effect from August 1, 2010.
- Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps improve efficiency in the procurement of goods through a transparent competitive bidding process.
- Negative impact: May increase costs and time for organizations and individuals due to compliance with specific tender request forms.
❓ Câu hỏi thường gặp
Which tenders can apply competitive bidding?
Tenders for procurement of goods with a value under two billion VND and being common, readily available goods on the market may apply competitive bidding.
How many types of Tender Request Forms for Competitive Bidding are there?
There are two types: Form A (applicable to tenders from 500 million to under two billion VND) and Form B (applicable to tenders under 500 million VND).
What is the significance of the italicized text in the Tender Request Forms?
The italicized text serves as guidance and illustration and needs to be specified based on the scale and nature of the tender.
When does this Circular take effect?
This Circular takes effect from August 1, 2010.
Are there any issues encountered during the implementation of this Circular?
During implementation, if any issues arise, organizations and individuals should submit their opinions to the Ministry of Planning and Investment for timely review and adjustment.
Toàn văn
CIRCULAR
Detailed provisions on competitive bidding
Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005;
Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;
Pursuant to Decree No. 68/2012/NĐ-CP dated September 12, 2012 amending and supplementing certain provisions of Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law;
Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment,
The Ministry of Planning and Investment provides detailed provisions on competitive bidding as follows:
Article 1. Scope of Regulation
For procurement packages of goods under projects specified in Article 1 of the Bidding Law when applying competitive bidding must meet the following conditions:
- The package value is less than two billion VND;
- It is a commonly used type of goods (used by many people and with a stable supply source), readily available on the market (goods can be delivered immediately upon request without having to go through ordering for design, processing, manufacturing, or production), with standardized technical characteristics (according to Vietnamese standards, basic standards, international standards, or foreign standards) and equivalent in quality (capable of replacing each other due to the same technical characteristics, usage features, and other characteristics).
Article 2. Applicability
Domestic organizations and individuals when applying competitive bidding for procurement of goods.
Article 3. Model Request for Competitive Bidding Documents
1. The Model Request for Competitive Bidding Documents issued together with this Circular apply to domestic competitive bidding. In cases where international competitive bidding is applied, these Models may be modified or supplemented as appropriate.
2. For procurement packages of goods under projects using ODA funds, if approved by the financier, they shall be applied according to these Models or certain contents may be modified or supplemented in accordance with bidding regulations stipulated in international treaties to which the Socialist Republic of Vietnam is a party or international agreements signed by competent authorities of the Socialist Republic of Vietnam.
3. The Model Request for Competitive Bidding Documents issued together with this Circular include:
- Model Request for Competitive Bidding Documents (Model A) applicable to procurement packages valued from five hundred million VND to less than two billion VND;
- Simplified Model Request for Competitive Bidding Documents (Model B) applicable to procurement packages valued below five hundred million VND.
In these Models, the characters italicized indicate guiding and illustrative content that will be concretized by the user based on the scale and nature of the procurement package. If modifications or supplements are made to the printed parts in these Models, the organization or individual preparing the Request for Competitive Bidding Documents must provide a written explanation and ensure compliance with legal bidding regulations; the project owner must bear legal responsibility for the modified or supplemented contents.
Article 4. Organization of Implementation
1. This Circular takes effect from August 1, 2010.
2. Ministries, ministerial-level agencies, government agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
3. During implementation, if there are any difficulties, the relevant ministries, ministerial-level agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and adjustment./.
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11/2010/TT-BKHĐT
Circular No. 11/2010/TT-BKHĐT detailing competitive bidding
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