Decree No. 130/2013/ND-CP on the production and supply of public goods and services

DECREE

Regarding the production and supply of public goods and services

 ______________________

Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;The Ministry of Finance issued on November 13,

Pursuant to the Law Denterprises on the 29thJune 2024;energy 11 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender documents.

Pursuant to the Law Hof the day November 20, 2012;

Law on Bidding of December 29,June 2024;energy 11 2005 and the Law Amending and Supplementing Certain Articles of Some Laws, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. đANNEX I.A[31]of the Law on Investment in Construction Projects of June 19, 2009; Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsDecision of the Minister of Industry and Trade

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on Government issued the Decree on production and supply of public goods and servicespolicies This Decree stipulates the organization, tasks, powers, and activities of agencies performing the function of inspecting the industry of Planning and Investment; inspectors, persons assigned to perform specialized inspection tasks, and inspection collaborators of the industry of Planning and Investment; the responsibilities of agencies, organizations, and individuals in the inspection activities of the industry of Planning and Investment.;

ốn ... tại: ..."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Criteria, list of public goods and services; "b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."ch.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides for:

a) Methods of supplying public goods and services;

b) Matters concerning the production and supply of public goods and services.

c) In case specialized laws provide specific provisions on the production and supply of public goods and services that differ from those stipulated in this Decree, such provisions shall be applied.

2. This Decree applies to enterprises of all economic sectors, cooperatives registered for business in accordance with the law, organizations and individuals legally registered for activities producing and supplying public goods and services (hereinafter collectively referred to as producers and suppliers of public goods and services or contractors when participating in bidding to implement the production and supply of public goods and services in accordance with the law on bidding); relevant agencies and organizations related to the implementation and supply of public goods and services.t, Public goods and services are determined as products and services that simultaneously meet the following criteria:

Article 2. Applicability

They are essential products and services for the economic and social life of the country, community of a certain territorial area which the State needs to ensure for the common interest or national defense and security;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The production and supply of these products and services under market mechanisms are unlikely to cover costs;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP They are ordered, planned, tendered according to prices or fees prescribed by the State by competent authorities.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Subsidies for public goods and services are financial support amounts from the State budget at fixed rates per unit of public goods and services provided to producers and suppliers of public goods and services for the production and supply of public goods and services ordered by the State.

a) The level of subsidies for public goods and services is the difference between the consumption price prescribed by the State and the reasonable cost of producers and suppliers of public goods and services for the production and supply of public goods and services ordered by the State.

b) Production and supply subsidies for public goods and services are financial support amounts from the State budget provided to producers and suppliers of public goods and services for the production and supply of public goods and services planned by the State.

c) The level of production and supply subsidies for public goods and services is the difference between the amount paid by beneficiaries of public goods and services according to the State's regulations and the reasonable cost of producers and suppliers of public goods and services for the production and supply of public goods and services planned by the State., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Reasonable costs of producers and suppliers of public goods and services are actual expenses incurred in connection with the production and supply of public goods and services in accordance with the Enterprise Income Tax Law and other relevant legal documents.

2. Those responsible are heads (or authorized persons) of agencies and organizations with authority to decide on methods of supplying public goods and services.oTenderers, ordering agencies, planning agencies are units subordinate to agencies and organizations with authority to decide on methods of supplying public goods and services and are assigned tasks to organize tenders, place orders, assign plans in accordance with this Decree.

3. The level of subsidy for public utility products and services is the difference between the consumption price set by the State and the reasonable production costs of the manufacturer and supplier of public utility products and services ordered by the State to produce and supply such products and services.

4. Production and supply subsidies for public utility products and services are financial support from the state budget provided to manufacturers and suppliers of public utility products and services to produce and supply public utility products and services assigned by the State through plans.

5. The level of production and supply subsidies for public utility products and services is the difference between the amount paid by the beneficiary of public utility products and services according to the regulations of the State and the reasonable production costs of the manufacturer and supplier of public utility products and services to produce and supply public utility products and services assigned by the State through plans.

6. Reasonable costs of the manufacturer and supplier of public utility products and services are actual expenses incurred related to the activities of producing and supplying public utility products and services in accordance with the provisions of the Law on Corporate Income Tax and other relevant legal documents.nationalp in accordance with the Law THue on business income and related legal documents.n ln and relevant legal documents.

7. The person responsiblerime Minister cm provisiononis the head (or authorized representative) of the agency or organization authorized to decide on the method of supplying public utility products and services.

8. The tender inviter, ordering agency, and planning assignment agency are units subordinate to the agencies or organizations authorized to decide on the method of supplying public utility products and services and are tasked with organizing tenders, placing orders, and assigning plans in accordance with this Decree.rime Minister cplans according to the provisions of this Decree.policies according to the provisions of this Decree.

Article 4. List of public goods and services

1. The list of public goods and services is specified in the Appendix attached to this Decree.

2. In each period, the Ministry of Planning and Investment shall take the lead in coordinating with relevant agencies to submit to the Prime Minister for decision on amending and supplementing the list of public goods and services.policies The Ministry of Planning and Investment shall take the lead, in coordination with relevant agencies, to submit to the Prime Minister for decision on amending and supplementing the List of Public Utility Products and Services.No.pursuant to DecisionnationalThe provision of public utility products and services mainly must be implemented based on volume or reasonable production and supply costs, if fees and charges are collected according to the laws on fees and charges, then they should be implemented through plan assignments.

Article 5. Selection of methods for supplying public goods and services

1. The selection of methods for supplying public goods and services shall be carried out in the following priority order:

a) Tendering;

b) Ordering;

c) Assigning plans.

2. Methods for supplying public goods and services specified in Appendix A attached to this Decree:

a) A state-owned limited liability company shall implement through ordering or assigning plans;

b) Other manufacturers and suppliers of public goods and services shall implement through ordering;

c) In cases where public goods and services have unit prices, prices set by the State, and supplied according to such prices, they shall be implemented through ordering. In cases where the supply of public goods and services mainly needs to be carried out based on volume or reasonable production and supply costs, with fees and charges collected according to the law on fees and charges, they shall be implemented through assigning plans.nationalThe production and supply of public utility products and services shall be carried out through tendering or placing orders. In cases where the provision of public utility products and services meets the conditions stipulated in Chapter II of this Decree, they shall be implemented through tendering.

3. Methods for supplying public goods and services specified in Appendix B attached to this Decree shall be implemented by manufacturers and suppliers of public goods and services through tendering or ordering. In cases where the supply of public goods and services meets the conditions stipulated in Chapter II of this Decree, they shall be implemented through tendering.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsand supply public goods and services shall be carried out through commissioning or ordering. In cases where the provision of public goods and services meets the conditions stipulated in Chapter II of this Decree, it shall be conducted through tendering.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầThe People's Committee of the province (or provincial People's Committee) is responsible for establishing and promulgating regulations on managing public goods and services within their functional and assigned tasks, including specifications regarding quality, standards, implementation quotas, prices, unit prices as prescribed by the State, primarily to be implemented through tendering and commissioning.

4. Ministries, ministerial-level agencies, and government agencies (hereinafter collectively referred to as sector management ministries) and provincial people's committees (hereinafter referred to as provincial people's committees) shall have the responsibility to establish and promulgate regulations on managing public goods and services within their assigned functions and tasks, including provisions on quality, specifications, implementation norms, prices, and unit prices prescribed by the State, primarily to implement through tendering and ordering. The provincial people's committees (hereinafter referred to as trprovincial people's committee) are responsible for building and promulgating management regulations for public utility products and services within their functional and assigned tasks, including quality, specifications, implementation quotas, prices, unit prices as prescribed by the State, primarily to be implemented through tendering and placing orders. The For public goods and services under the management of the People's Committee of the province, specialized departments shall develop subsidy and support plans to send to the Department of Finance for consolidation and submission for approval.

Article 6. Authorities having the power to decide on the method of supplying public goods and services

Based on the provisions of Clause 4, Article 5 of this Decree and related legal documents:

1. Sector management ministries shall decide on the method of supplying public goods and services for those public goods and services included in the central budget expenditure and assign relevant units to implement according to the regulations., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP in accordance with the regulations.

2. Provincial People's Committees shall decide on the method of supplying public goods and services for those public goods and services included in the local budget expenditure and assign relevant units to implement according to the regulations. State-owned corporations and holding companies shall organize tendering, ordering, and assigning plans for their affiliated units to produce and supply public goods and services according to the regulations.

3. State-owned corporations and, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPstate-owned enterprises implementing the production and supply of public utility products and services organize tenders, placing orders, and plan assignments for affiliated units to implement in accordance with the regulations.rime Minister cFor public utility products and services under the management of a ministry, the ministry in charge of the sector shall take the lead, coordinating with the Ministry of Finance to determine specific levels of subsidies.

Article 7. Authority to decide on the level of price support and subsidies for producing and supplying public goods and servicesrime Minister cFor important national public goods and services, the Ministry of Finance shall take the lead in coordinating with relevant agencies to decide or submit to the Prime Minister for decision on specific levels of price support and subsidies according to the regulations.

1. For public goods and services under the management of sector management ministries, sector management ministries shall take the lead in coordinating with the Ministry of Finance to decide on specific levels of price support and subsidies.

2. For public goods and services under the management of provincial people's committees, specialized departments at the provincial level shall build proposals for price support and subsidies to send to the provincial Department of Finance for review and submission to the provincial people's committee for decision on specific levels of price support and subsidies.n lFor public utility products and services under the management of provincial people's committees, specialized departments shall develop subsidy plans and send them to the Department of Finance for review and submission to the provincial people's committee for determination of specific subsidy levels.

3. With respect to public goods and services managed by the People's Committee of the province, The specialized departments shall develop subsidy and support plans to send to the Department of Finance for consolidation and submission for approval.rime Minister ctogether with the relevant ministry, The provincial people's committee shall build and guide subsidy levels, procedures for implementing subsidies in accordance with the characteristics and circumstances of producing and supplying public utility products and services. Subsidy procedures are carried out in accordance with the provisions of the State Budget Law and guiding documents.

4. The Ministry of Finance shall take the lead in coordinating with sector management ministries and provincial people's committees to develop guidelines on the level of price support and subsidies, procedures for implementing price support and subsidies that are appropriate to the characteristics and circumstances of producing and supplying public goods and services. Procedures for price support and subsidies shall be carried out in accordance with the Law on State Budget and guiding documents.nationalThe People's Committee of the province shall establish and guide the levels of subsidies and supports, procedures for implementing subsidies and supports in accordance with the state budget and guiding documents. The in accordance with the regulations.nationalwith the special features and circumstances of producing and supplying public utility products and services. Procedures for implementing subsidies are carried out in accordance with the provisions of the State Budget Law and guiding documents. N |||and supply products

Article 8. Rights and Obligations of Producers and Suppliers of Public Goods and Services ứpublic utility products and services

1. The rights and obligations prescribed for enterprises under the Enterprise Law and for cooperatives under the Cooperative Law. Denterprises, cooperatives under the Law Hon Cooperatives.

2. Implementing the signing of contracts and economic accounting in accordance with the provisions of the law.nationalContracts and economic accounting shall be conducted in accordance with the law.

3. Being paid according to the price or fee stipulated in the signed contract or according to the regulations approved by competent authorities.

4. Receiving support and favorable conditions to produce and supply public goods and services in accordance with state regulations.

5. Must cover costs according to the bid price when participating in producing and supplying public goods and services through bidding methods.

6. Producers and suppliers of public goods and services implementing orders or plans with consumption prices set by the State shall be higher than reasonable costs subsidized by the state budget.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsmore than the reasonable costs subsidized by the state budget according to the regulations.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsrelated to land use rights serving production and supply of public goods and services shall be carried out in accordance with the laws on land.

7. Producing and supplying sufficient quantities, meeting quality standards and deadlines committed; being responsible before customers and the law for public goods and services produced and supplied by themselves.

Article 9. Management of Capital and Assets Serving Production and Supply of Public Goods and Services of a State-Owned Limited Liability Company

A State-owned limited liability company must fulfill public service tasks:

1. The State invests sufficient capital to form assets serving production and supply of public goods and services.

2. Adhering to decisions of agencies or organizations exercising ownership rights of the company regarding the reallocation of assets serving production and supply of public goods and services of the company to achieve production and supply goals of other companies when necessary, but not reducing the registered capital of the company as prescribed.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsTo transfer the production and supply of public utility products and services of a company to another company to achieve production and supply targets, but without reducing the registered capital of the company as prescribed.

3. Having the right to transfer, lease, mortgage assets serving production and supply of public goods and services under the management of the company upon permission from agencies or organizations exercising ownership rights of the company. The valuation of asset usage rights and assets of the company related to land use rights serving production and supply of public goods and services is carried out in accordance with laws on land.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsIssue invitations to bid.rime Minister cproducts, services under the management of the company when permitted by agencies or organizations exercising ownership rights of the company. The valuation of asset usage rights and assets of the company related to land use rights serving production and supply of public goods and services is carried out in accordance with laws on land.onmanagement of the company when permitted by the agency or organization exercising ownership rights over the company. Such transfers must comply with the value of fixed assets andpolicies c Quof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsusage rightsonof the company's assetsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsrelated to land use rights serving the purpose of producing and supplying public utility products and services shall be carried out in accordance with the laws on land.ắnonnot mention any grounds

4. Using assigned resources to organize production and supply of public goods and services outside the assigned plan and other business activities when meeting the following conditions:

a) Permission in writing by agencies or organizations exercising ownership rights of the company;

b) Not affecting the fulfillment of assigned public service tasks;

c) Registering additional business fields in accordance with the law;

d) Accounting separately for business operations and fulfilling tax payment obligations.policies in accordance with the law.

Chapter II

BIDDING TO IMPLEMENT PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES

Article 10. Conditions for Organizing Bidding to Implement Production and Supply of Public Goods and Services

Bidding to implement production and supply of public goods and services can only be organized when the following conditions are met:of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsTendering for the production and supply of public utility products and services can only be carried out when all the following conditions are met:

1. The bidding plan has been approved.

2. The tender documents have been approved.

3. Bidding information has been published in accordance with the law on bidding.

4. The content, list of public goods and services, and budget estimates have been approved by agencies or organizations as prescribed in Article 6 of this Decree.rime Minister cm provisiononas stipulated in Article 6 of this Decree are approved.

Article 11. Conditions for Participation in Bidding

A bidder participating in bidding must meet the following conditions:ầ4 ||| The bidder must be engaged in production and supply of public goods and services.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầImplementation of production and supply of public utility products and servicescouncillORS6 ||| Have legal standing as prescribed in Articles 7 and 8 of the Law on Bidding.

1. Legal capacitynational8 ||| Only participate in one bid package with one bid document as either an independent bidder or a consortium bidder. In the case of a consortium, there must be a written agreement among members specifying the leader of the consortium, common responsibilities, and individual responsibilities of each member regarding the work within the bid package.

2. 10 ||| Meet the requirements stated in the bidding invitation issued by the tenderer.u 12 ||| Ensure fair competition in bidding as stipulated in Clause 2, Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects and Article 3 of Decree No. 85/2009/ND-CP dated October 15, 2009 guiding the implementation of the Law on Bidding and Selection of Construction Contractors (hereinafter referred to as Decree No. 85/2009/ND-CP).ầ14 |||amendArticle 12. Forms of BiddingcouncillORSThe forms of bidding include:ầ16 ||| For the selection of contractors to implement production and supply of public goods and services, open bidding must be applied except in cases specified in Clause 2 of this Article and Chapters III and IV of this Decree. When applying open bidding, there shall be no limit on the number of bidders participating. The tenderer must provide the bidding invitation document to bidders who have expressed interest. In the bidding invitation document, no arbitrary conditions shall be set that restrict the participation of bidders or create an unfair competitive advantage for one or some bidders.

3. 18 ||| Restricted bidding may be applied in cases where public goods and services have high technical requirements or special technical characteristics that only a few bidders can meet. When implementing restricted bidding, at least five bidders determined to have sufficient capacity and experience must be invited to participate in the bidding. If fewer than five bidders are available, the tenderer must submit for review and approval to continue organizing restricted bidding or apply another selection method.

4. 20 ||| Article 13. Procedures for Implementing Bidding for Production and Supply of Public Goods and ServicescouncillORSEstablish, review, and approve the bidding plan. XPrepare for bidding.

Submit, review, approve, and announce the bidding results.

Negotiate, finalize, and sign the contract.

1. Open Tendering;

Article 14. Authority to Approve the Bidding Plan, Bidding Invitation Documents, and Bidding ResultsầThe person with authority is responsible for approving the bidding plan for public goods and services under their decision-making jurisdiction.policies The reviewing agency or organization is responsible for preparing the review report on the bidding plan to be submitted to the person with authority for consideration and decision.ầThe tenderer is responsible for approving the bidding invitation documents and bidding results. The tenderer is responsible for assigning organizations or individuals within their unit to prepare the bidding invitation documents and report on evaluating bid documents; assign other organizations or individuals within their unit to review the bidding invitation documents and bidding results. In such cases, the organizations or individuals assigned to prepare and review the contents of the bidding invitation documents and bidding results must submit them to the tenderer for consideration and decision.o 28 ||| If the organizations or individuals under their management do not have sufficient capacity and experience, the tenderer must select a consulting organization or individual with sufficient capacity and experience to prepare or review the bidding invitation documents and bidding results. In all cases, the person with authority and the tenderer must bear responsibility for their decisions.ầ4 ||| The bidder must be engaged in production and supply of public goods and services.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầhereof shall not specify any condition that restricts the participation of bidders or creates an unfair competitive advantage for one or some bidders.ồ for exclusionầor restrictionof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsthat would limit the participation of contractors or create an unfair competitive advantage for one or some contractors.onNegotiating, finalizing, and signing contracts.logoArticle 14. Authority to Approve Tender Plans, Bid Invitations, and Tender Resultspolicies The person with authority is responsible for approving tender plans for public goods and services within their decision-making jurisdiction.

2. Restricted Tendering;

Restricted tendering may be applied in cases where public utility products and services have high technical requirements or unique technical characteristics that only a few bidders can meet. When conducting restricted tendering, at least five bidders who are determined to have sufficient capability and experience must be invited to participate in the tender; in cases where there are fewer than five bidders, the tender inviter must submit to the person responsible for examination and approval to continue organizing restricted tendering or apply another selection method.amendArticle 13. Tendering Implementation Procedures for Public Utility Products and ServicesầPreparing, reviewing, and approving the tender plan.rime Minister cm provisiononPreparing for tendering.policiesSubmitting, reviewing, approving, and announcing the tender results.policiesNegotiating, finalizing, and signing the contract.

Article 14. Authority to Approve Tender Plans, Tender Invitations, and Tender Results

1. The person with authority is responsible for approving the tender plans for public utility products and services within their jurisdiction.

2. The agency or organization responsible for reviewing shall prepare a report on the review of the tender plan for submission to the person with authority for consideration and decision.

3. The organization of bidding for national reserve sales shall be carried out like bidding for national reserve purchases, except for the provisions at point b Clause 2 Article 12; Article 19; Clause 1, 2 Article 20; Article 21 of this Regulation.

4. The tender inviter is responsible for approving the tender invitation and tender results. The tender inviter is responsible for assigning their organization or individual to prepare the tender invitation and report on evaluating the tender proposals; assigning other organizations or individuals to complete these tasks.

5. The appraisal agency is responsible for preparing an appraisal report on the tender plan to submit to the person with authority for review and decision.

The tender inviter is responsible for approving the bid invitation and tender results. The tender inviter is responsible for assigning organizations or individuals within their unit to prepare the bid invitation and report on evaluating bid proposals; assigning other organizations or individuals within their unit to handle matters related to the state-owned entity as the main owner.

1. State-owned enterprise performing public service tasks directly subordinate

to the People's Committee of the province;

2. The sectoral management ministry shall take the lead and coordinate with the Ministry of Finance to implement payment and settlement for public goods and services allocated to state-owned limited liability companies as the main owner.ì||| The entity responsible for reviewing the tender invitation documents and the bidding results shall be tasked with preparing and reviewing the contents of such documents.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Tender Document Model for Non-Consulting Services No. 01 (Model No. 01) applies to open tender packages using a one-stage single-envelope method;ầ||| In this case, the organization or individual assigned to establish and review these contents shall have the responsibility to submit them for examination and decision-making by the tender inviter.ầ||| If the organizations or individuals under their management do not possess sufficient capability and experience, the tender inviter shall select a consulting organization or individual with adequate capability and experience to prepare or review the tender invitation documents and bidding results.

||| In all cases, the person authorized and the tender inviter shall bear responsibility for their decisions.ầ||| The evaluation of bid submission documents shall be conducted according to the criteria set forth in the tender invitation documents, along with other requirements specified therein, following the evaluation principles stipulated in Article 28 of the Bidding Law, the evaluation methods prescribed in Article 29 of the Bidding Law, Clause 5 of Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, and the evaluation procedures (including clarifying bid submission documents) as provided in Article 35, Article 36 of the Bidding Law, Clause 9 of Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, and Articles 29, 30 of Decree No. 85/2009/NĐ-CP.national||| Article 19. Submission, Review, Approval, and Announcement of Bidding Results

Article 15. Establishment, review, and approval of tender plans

The establishment, review, and approval of tender plans shall be carried out in accordance with Article 6 of the Tendering Law and Chapter II of Decree No. 85/2009/NĐ-CP.

Article 16. Preparation for tendering

1. Shortlist selection

The shortlist selection includes preliminary screening of contractors in accordance with Clause 1, Article 32 of the Tendering Law, Clause 7, Article 2 of the Law amending and supplementing certain articles of relevant laws on basic construction investment, Chapter III of Decree No. 85/2009/NĐ-CP, and the selection of a list comprising at least five contractors having sufficient capacity and experience to participate in restricted tendering as stipulated in Clause 2, Article 19 of the Tendering Law and Clause 2, Article 12 of this Decree.No. ononPreparation and approval of tender documentsNo. The preparation and approval of tender documents shall be carried out in accordance with Clause 2, Article 32 of the Tendering Law, Articles 24 and 25 of Decree No. 85/2009/NĐ-CP, and Clause 2, Article 14 of this Decree.

2. Issuance of tender notices

The issuance of tender notices shall be carried out in accordance with Clause 3, Article 32 of the Tendering Law, and Clause 4, Article 23 of Decree No. 85/2009/NĐ-CP.onOrganization of tenderingANNEX I.A[31]Issuance of tender documents

3. The issuance of tender documents (including amendments and clarifications of tender documents) shall be carried out in accordance with Clause 1, Article 33, Article 34 of the Tendering Law, and Clause 1, Article 28 of Decree No. 85/2009/NĐ-CP.

Preparation of tender submissions0Contractors prepare tender submissions in accordance with Clause 2, Article 17, and Clause 2, Article 28 of Decree No. 85/2009/NĐ-CP.

Receipt and management of tender submissionsứThe receipt and management of tender submissions shall be carried out in accordance with Clause 8, Article 2 of the Law amending certain articles of relevant laws on basic construction investment, and Clause 3, Article 17 of Decree No. 85/2009/NĐ-CP.

1. Amendment or withdrawal of tender submissions

In cases where a contractor wishes to amend or withdraw a submitted tender submission, the contractor shall comply with the provisions of Clause 4, Article 17 of Decree No. 85/2009/NĐ-CP.

2. Opening of tenders

The opening of tenders shall be carried out in accordance with Clause 3, Article 33 of the Tendering Law, and Clause 3, Article 28 of Decree No. 85/2009/NĐ-CP.

3. Evaluation of tender submissions

The evaluation of tender submissions shall be conducted according to the criteria set forth in the tender documents and other requirements specified in the tender documents, following the evaluation principles stipulated in Article 28 of the Tendering Law, the evaluation methods stipulated in Article 29 of the Tendering Law, Clause 5, Article 2 of the Law amending and supplementing certain articles of relevant laws on basic construction investment, and the evaluation procedures (including clarification of tender submissions) stipulated in Articles 35 and 36 of the Tendering Law, Clause 9, Article 2 of the Law amending and supplementing certain articles of relevant laws on basic construction investment, and Articles 29 and 30 of Decree No. 85/2009/NĐ-CP., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. Approval, review, and announcement of tender results

4. The approval, review, and announcement of tender results shall be carried out in accordance with Articles 38, 40, and 41 of the Tendering Law, Clauses 10, 11, 12, and 13 of Article 2 of the Law amending and supplementing certain articles of relevant laws on basic construction investment, and Clause 3, Articles 20, 71, and 72 of Decree No. 85/2009/NĐ-CP.

Negotiation, completion, and signing of contracts

5. 1. Before 13:00 on the day of the bid opening, participants must submit their bid forms to the State Bank. The bid opening begins at 13:30 on the day of the auction under the supervision of the Treasury Bill Auction Committee.

ORDERING THE IMPLEMENTATION OF PRODUCTION AND SUPPLY OF PUBLIC SERVICES PRODUCTS AND SERVICES

Article 18. Evaluation of Bid Submissions

||| The submission, review, approval, and announcement of bidding results shall be carried out in accordance with the provisions of Article 38, Article 40, Article 41 of the Bidding Law, Clause 10, Clause 11, Clause 12, Clause 13 of Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, and Clause 3 of Article 20, Article 71, Article 72 of Decree No. 85/2009/NĐ-CP.policies||| Article 20. Negotiation, Completion, and Signing of Contracts, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ||| The negotiation, completion, and signing of contracts shall be carried out in accordance with the provisions of Article 42 and Chapter III of the Bidding Law, Clause 14, Clause 16, Clause 17 of Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, and Clause 2 of Article 31 of Decree No. 85/2009/NĐ-CP.

||| ORDERING THE PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES

||| Engaging in business activities, registering operations that are appropriate, having sufficient financial capacity, technical level, production technology, management level, and skill level of workers meeting the requirements of the procurement contract..

||| Pursuant to this Decree.

||| Technical standards, current cost norms of the State, and determined by the competent authority as prescribed by the Law on Prices and related legal documents; l||| Time of completion;

Chapter III

||| Delivery: time, location, method;

Article 21. Conditions for Ordering the Production and Supply of Public Goods and Services

1. Producers and suppliers of public goods and services that accept orders for production and supply must register their business sector, register activities appropriately, have sufficient financial capacity, technical expertise, production technology, management level, and workforce skills to meet the requirements of the order contract.on ||| A procurement contract for the production and supply of public goods and services may only be adjusted when permitted by the competent authority in the following circumstances:national||| The State adjusts economic and technical norms; prices, unit prices, or levels; l||| The quantity, volume, quality of public goods and services completed, verified between the ordering agency and the producer and supplier of public goods and services;

2. Orders for the production and supply of public goods and services must comply with the provisions of Article 5 of this Decree.on||| Prices, unit prices, subsidy levels decided by competent authorities;

Article 22. Ordering the Production and Supply of Public Goods and Services

1. Basis for ordering:

a) The unit price or price of public goods and services produced and supplied through ordering is determined based on the application of current economic and technical norms, cost standards set by the State, and decided by competent authorities according to the Law on Prices and related legal documents;policies ||| Relevant entities., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ||| The ordering agency, which signs the procurement contract, shall handle payment and settlement of public goods and services according to the procedures and formalities prescribed by the State Budget Law and related documents. G||| The state budget revenue and expenditure estimates allocated by the State to agencies and organizations;

b) In cases where the consumption price of public goods and services prescribed by the State is lower than the reasonable costs determined at the unit price or price mentioned in Point a Clause of this Article, the producers and suppliers of public goods and services through ordering shall be subsidized according to the quantity or volume of products and services ordered.ớeasures;

c) Based on the budget allocation and the unit price or price of public goods and services decided by competent authorities, the ordering agency determines the quantity and volume of public goods and services to sign the order contract.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsOrder Contract for the Production and Supply of Public Goods and Services:developmentBased on the characteristics of the ordered public goods and services, the ordering agency signs a contract with the producer and supplier of public goods and services accepting the order according to the following main criteria:rime Minister cName of public goods and services;

d) Quantity and volume;

2. Quality and specifications;

Price and unit price;

a) Quantity and volume of public goods and services receiving subsidies;

b) Contract value;

c) Completion time;

d) Delivery: time, location, method;

đ) Subsidy level (if any);

e) Responsibilities and obligations between the ordering agency and the producer and supplier of public goods and services accepting the order;

g) The parties may agree to supplement other contents in the contract but not contrary to the law and not changing the price or unit price of public goods and services.

h)||| ||| Reasonable costs, subsidy levels decided by competent authorities;

i) ||| The agency responsible for handling payments and settlements of public goods and services assigned plans using state budget funds:

k) Acceptance and payment methods;

l) Article 23. Adjustment of Order Contracts

m) Responsibilities of the parties for breach of contract and procedures for resolution.

An order contract for the production and supply of public goods and services can only be adjusted when permitted by competent authorities in the following cases:ỏa The State adjusts economic and technical norms; prices, unit prices, or subsidy levels of public goods and services.||| Average excess income per member for the whole year: under 1,000 dong, tax 10%; under 1,500 dong, tax 15%; under 2,000 dong, tax 20%; under 2,500 dong, tax 25%; under 3,000 dong, tax 30%; under 3,500 dong, tax 35%; and 3,500 dong or more, tax 40%.The State changes wage mechanisms, policies, and raw material prices.

Unforeseeable causes as stipulated by law affecting the production and supply of public goods and services.

||| a) Provincial People's Committee shall handle payments and settlements for public goods and services assigned to a limited liability company wholly owned by the State under provincial People's Committee;

1. ||| b) The sector management ministry, in coordination with the Ministry of Finance, shall handle payments and settlements for public goods and services assigned to a limited liability company wholly owned by the State to perform public service tasks; trArticle 24. Payment for Public Goods and Services Implemented Through Ordering

2. Basis for payment:

3. The order contract signed between the ordering agency and the producer and supplier of public goods and services;

The acceptance record of the quantity, volume, and quality of completed public goods and services between the ordering agency and the producer and supplier of public goods and services;

1. Prices, unit prices, and subsidy levels decided by competent authorities;

a) HnationalOther relevant documents.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsIssue invitations to bid.rime Minister cThe ordering agency, which signed the order contract, implements payment and settlement of public goods and services according to the procedures and formalities prescribed in the State Budget Law and related guiding documents.

b) ||| State-owned groups and corporations entrusted with the function of inspecting and paying for public goods and services shall carry out payment procedures for public goods and services received from the State and assigned to member enterprises. Payment and settlement for public goods and services assigned to groups and corporations shall be carried out in accordance with Point a or Point b of this Clause.

c) ||| Limited liability companies wholly owned by the State performing public service tasks shall handle payments and settlements of public goods and services with the planning assigning agency according to the procedures and formalities prescribed by the State Budget Law and related documents.

d) ASSIGNMENT OF IMPLEMENTATION PLANS FOR THE PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICESJune 2024;||| Subsidy levels for public goods and services;

2. ||| Material costs; N |||||| Director (or Deputy Director);amend||| Reporting on the implementation of plan indicators, adjustments to the plan, and being responsible for the accuracy and honesty of the report.

Chapter IV

ASSIGNMENT OF IMPLEMENTATION PLANS FOR THE PRODUCTION AND SUPPLY OF PUBLIC GOODS AND SERVICES

Article 25. Basis and time for assigning plansứ |||

1. Basis for assigning plans:

a) The production and supply targets of public goods and services of state-owned joint stock companies with a single member that implement construction public service tasks included in the annual plan reported to competent authorities; financial capacity, technical level, production technology, management level, and skill level of workers of each state-owned joint stock company with a single member that implements public service tasks; lState budget revenue and expenditure estimates assigned to agencies and organizations with authority over the production and supply of public goods and services;ngRevenue collection plan and fee and charge fees (or retained fee amount) in cases where state-owned joint stock companies with a single member that implement public service tasks from fee and charge revenue as stipulated in the Law on Fees and Charges;

b) ||| Public goods and services from the date this Decree takes effect.shall thrime Minister cTechnical standards, cost norms currently applied by the state and related legal documents.

c) ảopolicies Time for assigning plans: the agency assigning plans must complete the assignment of plans to state-owned joint stock companies with a single member that implement public service tasks before December 31 of the previous year.ANNEX I.A[31] ||| "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:|||

d) |||policies Article 26. Content of plan assignment

2. Based on the characteristicspolicies of public goods and services, the agency assigning plans decides to assign state-owned joint stock companies with a single member that implement public service tasks according to the following main indicators:

Production and supply plan for public goods and services:

a) Completion rate; Strategic viewpoints, policies, and laws of the Party and the State on economic and social development combined with strengthening and consolidating national defense and security and foreign activities in new circumstances d) Quantity and volume of subsidized products and services.

1. ảopolicies Financial plan:

a) Quantity and volume of public goods and services receiving subsidies;

b) Contract value;

c) Completion time;

d) OrderThis Resolution takes effect from the date it is adopted by the National Assembly.Revenue, costs, and profit from production and supply activities of public goods and services;an Amount of collected fees (or retained fee amount), difference between the collected fee amount (or retained fee amount) and costs for state-owned joint stock companies with a single member that implement public service tasks from fee revenue;

State budget payments according to current regulations;

2. ảopolicies Reasonable production and supply costs for public goods and services;

a) d) Subsidy level for public goods and services with consumption prices lower than reasonable costs. In cases where enterprises do not have sufficient profits to allocate to the reward and welfare fund as prescribed, the subsidy level includes the state subsidy amount for these two funds.

b) Other indicators depending on the characteristics of public goods and services or management requirements of the state.

c) Article 27. Payment for public goods and services implemented under the plan assignment method

d) Decision on plan assignment by the agency assigning plans to state-owned joint stock companies with a single member that implement public service tasks;

Decision on plan assignment by state-owned groups and corporations with functions and tasks assigned regarding the production and supply of public goods and services to member enterprises implementing such activities;development Inspection report on quantity, volume, and quality of completed public goods and services between the agency assigning plans and state-owned joint stock companies with a single member that implement public service tasks;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.No.Reasonable costs and subsidy levels decided by competent authorities;rime Minister cAgency responsible for payment and settlement of public goods and services assigned by the state using budget funds:

3. a) Provincial People's Committee responsible for payment and settlement of public goods and services assigned to state-owned joint stock companies with a single membern lthat implement public service tasks directly under

the provincial People's Committee;periodc Qu

1. Prices, unit prices, and subsidy levels decided by competent authorities;

a) Ministry managing the sector takes the lead, coordinating with the Ministry of Finance to handle payment and settlement of public goods and services assigned to state-owned joint stock companies with a single member that implement public service tasks;

b) State-owned groups and corporations entrusted with the function of inspecting and paying for public goods and services perform payment procedures for public goods and services received from the state and assigned to member enterprises. Payment and settlement for public goods and services assigned to groups and corporations shall be carried out in accordance with Point a or Point b of this Clause.

c) State-owned joint stock companies with a single member that implement public service tasks handle payment and settlement of public goods and services with the agency assigning plans in accordance with the procedures and formalities prescribed in the State Budget Law and guiding documents. l|||

d) ||| Legal regulations on bidding during the process of implementing production and supply of public goods and services shall be implemented in accordance with the law on bidding.

đ) Other related documents.

2. ||| Sectoral management,

||| Provincial People's Committees shall be responsible for detailing the procedures, formalities, and documents for conducting bidding, procurement, and plan assignment for each type of public goods and services. ||| Central-affiliated agencies shall be responsible for implementing this Decree. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;State-owned enterprise performing public service tasks shall implement payment and settlement for public goods and services with the planning allocation agency in accordance with the procedures and formalities prescribed by the Lawin on the state budget and guiding documents. The on the level or amount of subsidy for public goods and services;

b) materials; lDirector General)

c) Report on the implementation of plan indicators, adjustments to the plan and bear responsibility for

3. the accuracy and truthfulness of the report. N |||products, servicesn lon the state budget and guiding documents.

Article 28. Adjustment of the Implementation Plan for Public Service Tasks

1. The implementation plan for public service tasks shall be adjusted when permitted by the competent authority in the following cases:

a) The State adjusts economic and technical norms; prices, component unit costs of expenses, or product subsidy levels for public services; lon the level or amount of subsidy for public goods and services;

b) The State changes mechanisms and policies on wages, prices of raw materials;ANNEX I.A[31]materials;

c) Force majeure as defined by law affects the performance of public service tasks.

2. A state-owned single-member limited liability company performing public service tasks shall be responsible for completing the assigned plan targets., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPhe General Director (or Deputy General Director)No.(or Director General)No.of a state-owned single-member limited liability company performing public service tasks must report to the agency assigning the plan on the progress of implementing the plan targets, any adjustments to the plan, and bear responsibility for the accuracy and truthfulness of the report.policies Report on the implementation of plan indicators, adjustments to the plan and bear responsibility foronthe accuracy and truthfulness of the report.policies products, serviceson from the date this Decree takes effect.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from November 29, 2013.

2. Abolish Government Decree No. 31/2005/NĐ-CP dated March 11, 2005 on the production and supply of public service products and services and Decision No. 256/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating the Procurement, Ordering, and Assignment Plan Regulations for the Production and Supply of Public Service Products and Services from the date this Decree takes effect.rime Minister cRelated issues during the bidding process for the production and supply of public goods and services shall be carried out in accordance with the laws on bidding.development by the relevant ministry,

3. Orders and plans assigned to enterprises directly serving national defense and security as stipulated in Government Decree No. 104/2010/NĐ-CP dated October 11, 2010 on the organization, management, and operation of state-owned single-member limited liability companies directly serving national defense and security shall be implemented according to Chapters III and IV of this Decree.

4. In addition to the contents prescribed in Chapter II of this Decree, other relevant contents during the procurement process for the production and supply of public service products and services shall be carried out in accordance with laws on procurement. lThe People's Committee of the province is responsible for providing detailed guidelines on procedures, formalities, and documents for conducting bidding, commissioning, and allocating plans for each type of public goods and services.

Article 30. Responsibility for Implementation

1. The Ministry of Planning and Investment, the Ministry of Finance, the sectoral ministries, The provincial people's committees shall be responsible for guiding the implementation of this Decree.

2. sectoral ministries, The provincial people's committees, state-owned corporations, and state-owned holding companies shall be responsible for organizing the production and supply of public service products and services according to their assigned roles; organizing supervision, inspection, and audit in accordance with regulations. For public service products and services within their jurisdiction, sectoral ministries,rime Minister cprovincial people's committees shall be responsible for detailing procedures, processes, and documentation for procurement, ordering, and plan assignment for each type of public service product and service. lcentrally affiliated entities are responsible for implementing this Decree. The ban nhân dân cấp tỉnh chịu trách nhiệm hướng dẫn chi tiết quy trình, thủ tục, hồ sơ thực hiện đấu thầu, đặt hàng, giao kế hoạch đối với từng loại hình sản phẩm, dịch vụ công ích.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen The provincial people's committees of centrally governed cities shall be responsible for enforcing this DecreeNo. trực thuộc Trung ương chịu trách nhiệm thi hành Nghị định này./.