Circular No. 121/2000/TT-BTC guides the implementation of bidding for procurement of office supplies, materials, equipment, and working tools for state agencies, armed forces, social organizations, and state-owned enterprises using state budget funds.

CIRCULAR

Guidelines for conducting tendering procurement of office supplies, materials,

equipment, working tools for state agencies, armed forces,

mass organizations, and state-owned enterprises using state budget funds.

Pursuant to Decree No. 88/1999/ND-CP dated September 1, 1999 of the Government on the issuance of Tender Regulations; Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government amending and supplementing certain articles of the Tender Regulations issued together with Decree No. 88/1999/ND-CP dated September 1, 1999.

To strengthen management and efficient use of state budget funds, the Ministry of Finance issues guidelines for conducting tendering procurement of office supplies, materials, equipment, and working tools for state agencies, armed forces, mass organizations, and state-owned enterprises using state budget funds as follows:

I - GENERAL PROVISIONS:

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;:

State agencies, mass organizations, armed forces, and state-owned enterprises (hereinafter referred to as agencies and units) that use state budget funds or have origins from state budget funds (collectively referred to as state budget funds) when implementing procurement of goods specified in Point 2 below, with unit price or total value of 100(one hundred) million or more for a single procurement (a tender package) of similar or integrated types of goods, must comply with the provisions set forth in this Circular.

For procurement of goods valued under 100 million VND, the heads of central agencies and units may decide on the appropriate procurement method (direct procurement or designated tender without having to meet the conditions stipulated in Points 2 and 3 of Section III of this Circular) and bear responsibility for their decisions. For agencies and units managed by localities, procurement shall be carried out according to the regulations of the People's Committees of provinces and centrally-administered cities or authorized agencies. It is encouraged for agencies and units to apply the provisions of this Circular.

2. Scope of Procurement:

Stationery, wooden furniture, medical equipment for hospitals, uniforms of sectors not classified as special items.

Raw materials, fuel, materials; spare parts; biological products, medicines, chemicals, and other raw materials and materials;

Complete machinery and equipment, integrated systems, or individual equipment, fire-fighting equipment; computers, photocopiers, fax machines, software applications (including installation, testing, maintenance...), and other office equipment;

Transportation means such as: Sedans, trucks, boats, motorcycles, bicycles...

Printing, publishing of publications, cultural products, books, newspapers, documents, films... for propaganda, information, communication, education.

Industrial property rights, technology rights;

Other assets serving specialized work;

Common office supplies and working tools of the armed forces belonging to the categories mentioned above.

All types of office supplies, materials, equipment, and working tools within the scope mentioned above shall hereinafter be referred to as goods.

3. This Circular does not apply in the following cases:

Repair, renovation, expansion of workplaces, factories;

Procurement of materials and equipment related to investment and construction as prescribed in Clause 14 of Decree No. 12/2000/ND-CP dated May 5, 2000 amending and supplementing Article 43 of Decree No. 52/1999/ND-CP dated July 8, 1999 of the Government on investment and construction management;

Procurement of special-purpose equipment, materials, means, raw materials, and fuels specifically for national defense and security.

4. Forms of selecting contractors:

BIncluding tendering and non-tender procurement methods. Based on the approved procurement plan, the heads of agencies and units are responsible for allocating funds and applying appropriate contractor selection methods according to detailed provisions in Sections II and III below. Strictly prohibited is the division of tender packages to conduct procurement through non-tender methods.

II - PROVISIONS FOR IMPLEMENTING TENDERING:

For tender packages of similar or integrated goods with a value of 200 million VND or more, if they do not meet the conditions for direct procurement and designated tender as specified in Points 2 and 3 of Section III of this Circular, then a tender must be organized to select a contractor to provide goods according to the following provisions:

1. Forms of tendering:

1.1- Open tendering:

Open tendering is the main form applied in tendering procurement of goods. The minimum number of qualified bidders is five. In case the required number of bidders is not met, the tender inviter must report to the competent authority for decision.

1.2- Restricted tendering: This is a form of tendering where the tender inviter invites a limited number of qualified bidders (minimum three). The list of participating bidders must be approved by the competent authority. This form can only be considered for application if one of the following conditions is met:

Only a few bidders meet the requirements of the tender package;

As required by the funding sponsor for procurement;

Due to specific circumstances of the tender package, restricted tendering has advantages.

2. Conditions for implementing tendering procurement of goods: Agencies and units using state budget funds can only organize tendering procurement of goods if they meet the following conditions:

There is an approved procurement plan (including the budget plan for procurement of goods);

The tender invitation documents have been approved by the competent authority.

3. Conditions for participating in tendering: Bidders participating in tendering must meet the following conditions:

Having a business registration certificate issued by the competent authority, with a business field matching the tendered goods. For complex goods procurement tendering as specified in the tender invitation documents, in addition to the business registration certificate, there must be a sales permit from the manufacturer's rights.

For scientific research agencies participating in tendering to supply goods in the form of computer application programs..., if they do not have a business registration certificate, they must have functions and tasks recorded in the establishment decision that are consistent with the content and requirements of the tender package.

Possess sufficient professional technical capacity; ability to provide and warranty goods (for goods requiring warranty) and financial conditions meeting the requirements of the tender package;

The tender submission must comply with the provisions of the tender invitation document.

Only be allowed to participate in one tender submission in one tender package, whether it is a sole bidder or a consortium bidder. In case a State Corporation submits the bid under its name, its affiliated units (subsidiaries) are not permitted to participate as independent contractors in the same tender package.

The tender inviter shall not participate as a contractor for tender packages organized by itself.

Consultants shall not participate in bidding for procurement tender packages for which they have provided consultancy services.

4. Tender organization costs:

The tender inviter may sell the tender invitation document at a price determined by the authorized person or competent authority. For domestic tenders, the price of one set of tender invitation documents shall not exceed 500,000 VND. For international tenders, international practices shall be followed.

Tender organization and evaluation costs of the tender inviter shall be funded from the sale of tender invitation documents and managed according to current regulations. In cases where revenue does not cover expenses, the cost shall be covered by the agency's or unit's budget and included in the value of the purchased goods in the tender package.

5. Tender result review:

5.1. Review responsibility:

The entity responsible for reviewing the tender results is specified as follows:

For the procurement tender results of central agencies decided by the Minister, Head of a ministry-level agency, agency under the Government, or head of central agencies of mass organizations, the assisting unit shall undertake the review task.

In cases where the procurement value is less than 500 million VND, the direct purchaser, authorized to approve the tender results, shall decide on the assisting unit to undertake the review task.

For procurement tender packages of local agencies managed by provincial People's Committees directly under the Central Government, the Department of Finance-Price Control shall be responsible for reviewing the tender results.

For procurement tender packages delegated and authorized by provincial People's Committee Chairmen to lower-level unit heads to approve tender results, the authorized person shall decide on the assisting unit to undertake the review task.

Specifically, for the procurement tender results of state-owned enterprises, the enterprise's authorized person with purchasing rights shall decide on the assisting unit to undertake the review task.

5.2- Review time: Not exceeding 10 days from the date of receiving complete valid documents.

6. Approving tender results

6.1. Approval responsibility:

The tender inviter is responsible for submitting the tender results to the authorized person or competent authority for approval. The authorized person or competent authority is responsible for approving the tender results in writing. The approval responsibility for tender results is defined as follows:

For procurement tender results of central agencies decided by the Minister, Head of a ministry-level agency, agency under the Government, or head of central agencies of mass organizations, they shall approve the tender results.

In cases where the procurement value is less than 500 million VND, the person responsible for approval may delegate in writing to the direct purchaser to approve.

For procurement tender results of agencies managed by localities, the Chairman of the People's Committee of provinces and centrally-administered cities shall be responsible for approving or delegating and authorizing lower-level unit heads (districts, counties, towns; departments, bureaus, sectors...) to approve.

Specifically, for procurement tender results of state-owned enterprises, the enterprise's authorized person with purchasing rights shall approve the tender results.

6.2. Approval time: Except for tender packages requiring issues to be resolved, the approval time for tender results shall not exceed 5 days from the date of receipt of the report from the review agency.

III - NON-TENDER PROCUREMENT FORMS:

Procurement of goods can be carried out without tendering if the following conditions are met, and other procurement forms such as competitive bidding, direct purchase, and designated tendering can be chosen.

1. Competitive Bidding: This is a method of selecting contractors based on their bids.

Conditions for application: casesof purchasing goods with a value from VND 100 million to less than VND 200 millionand not meeting the conditions to apply the direct assignment method as providedfor in Point 3 below.

Each tender package must have at least three bids from three different contractors based on the tender invitation issued by the inviting party. In case the number of contractors does not meet the requirement, the inviting party must report to the competent authority for decision. The submission of bids may be carried out through direct delivery, fax, postal service, or other means.

2. Direct procurement: This is a form of directly selecting a contractor to provide goods based on the results of the bidding process conducted by the organizing unit within the year.

This form is applied to cases where units have a need for regular procurement of goods and additional procurement due to newly arising needs as follows:

2.1 - Direct procurement is applied to agencies and units that have a need for regular procurement of goods and materials for their activities throughout the year in stable quantities and types such as: medicines in healthcare facilities; teaching equipment and tools in schools; spare parts for broadcasting and television equipment; raw materials for production in enterprises...

When procuring these goods, based on the results of the first tender package implemented in the year including commonly used goods, the unit will carry out direct procurement at specific times during the year, ensuring that the unit price of the goods does not exceed the unit price in the previously signed contract.

2.2 - Implementing direct procurement in cases of supplementing old contracts already executed in the year or ongoing contracts, under the condition that the inviting party has a need to increase the quantity of goods that were previously tendered, but must ensure that the unit price of the goods does not exceed the unit price in the previously signed contract. Before signing the contract, the contractor must prove its capacity to implement the tender package.

When market prices fluctuate and fail to meet the requirements for pricing or when the previously signed contract price is no longer reasonable for direct procurement, the unit must organize a new tender package.

3. Direct Assignment: This is a form of directly selecting a contractor who meets the requirements of the tender package. The conditions for applying the direct assignment form are as follows:

3.1 - For tender packages valued under VND 1 billion, they can be implemented in the following situations:

Emergency procurement due to natural disasters, enemy threats, accidents, epidemics requiring immediate resolution, and other special procurement cases (procurement of medicines and chemicals for epidemic prevention work and treatment of certain social diseases and dangerous epidemics; procurement of rice, school supplies, food... for flood-stricken areas; etc.);

Tender packages according to the requirements of the funding agency, decided by the competent authority based on written opinions from the funding agency and related agencies;

Goods produced exclusively by domestic enterprises with unified selling prices nationwide;

Goods produced exclusively by foreign companies and simultaneously having exclusive distribution rights in Vietnam;

Special tender packages closely related to other goods supplied by a single contractor, with evidence proving that only this contractor can perform the tender package with the best quality and most reasonable cost.

When implementing direct assignment for the above procurement cases, the competent authority or the competent level must immediately assign a capable contractor to timely execute the work and bear responsibility for the decision.

3.2 - For special cases where the tender package value is VND 1 billion or more, if it is deemed necessary to directly assign a contractor, then the Ministries, sectors, localities, and State-owned corporations must submit written opinions to the Ministry of Finance for review and report to the Prime Minister for consideration and decision.

3.3 - Specifically, the following cases are allowed to implement the direct assignment form without being restricted by the value of the tender package:

Procurement of national reserves approved by the Prime Minister for direct assignment;

Domestic production and assembly motorcycles and cars; domestically produced equipment registered with copyright and sold at a unified price nationwide.

3.4 - When implementing the procurement of the above goods, if the agency or unit deems it unnecessary to directly assign a contractor, it must report to the competent authority to permit the organization of a bidding process.

In cases of direct assignment as stipulated above, the inviting party must clearly define the following contents:

Reasons for direct assignment;

Experience and capacity in technical and financial aspects of the proposed contractor;

Value of the tender package for goods procurement that has been approved.

IV- IMPLEMENTATION

1- This Circular takes effect 15 days from the date of signature. Previous regulations contrary to this Circular are hereby abolished.

Other matters not regulated in this Circular shall be implemented in accordance with the bidding rules promulgated by Decree No. 88/1999/ND-CP dated September 1, 1999 on the issuance of Bidding Rules; Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government amending and supplementing some articles of the Bidding Rules issued together with Decree No. 88/1999/ND-CP dated September 1, 1999;

The model guidelines for tender invitation documents for goods procurement shall be implemented in accordance with Appendix II of Circular No. 04/2000/TT-BKH dated May 26, 2000 of the Ministry of Planning and Investment on guiding the implementation of the Bidding Rules.

2- Annually, Ministries, agencies equivalent to Ministries, government agencies, central agencies of mass organizations, State-owned corporations established by the Prime Minister, People's Committees of provinces and centrally-administered cities have the responsibility to compile and submit reports on the implementation of bidding activities to the Ministry of Finance before December 31 for compilation and reporting to the Government.

3- During the implementation process, if there are any difficulties, units are requested to promptly reflect them to the Ministry of Finance for examination and resolution./.