Circular No. 131/2007/TT-BTC amends and supplements Circular No. 63/2007/TT-BTC dated June 15, 2007, of the Ministry of Finance guiding the implementation of tendering for asset procurement to maintain the regular operation of state agencies with state capital.

MINISTRY OF FINANCE                           SOCIALIST REPUBLIC OF VIET NAM

                                                     INDEPENDENCE – FREEDOM – HAPPINESS

Decision No. 131/2007/TT-BTC                             November 5, 2007

CIRCULAR

Amending and supplementing Circular No. 63/2007/TT-BTC dated June 15, 2007 of the Ministry of Finance guiding the implementation of tender procurement to maintain the regular operation of state agencies with state capital

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 25, 2005;

Pursuant to Clause 5, Article 63 of Decree No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Law on Bidding and the selection of contractors under the Construction Law;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Finance hereby guides the amendment and supplementation of Circular No. 63/2007/TT-BTC dated June 15, 2007 of the Ministry of Finance guiding the implementation of tender procurement to maintain the regular operation of state agencies with state capital as follows:

1. Supplement Point 8 into Section III Part II as follows:

"8. Based on the procurement plan already allocated in the budget expenditure estimate approved by the competent authority, the agency or unit shall implement procurement for the following specific cases:

a) For consultancy tender packages with a package value below VND 100,000,000 (one hundred million dong); procurement of assets belonging to programs or regular procurement budgets with a package value below VND 100,000,000 (one hundred million dong), provided that the procurement content consists of commonly available goods on the market to serve regular daily activities of agencies and units (including small purchases of new assets, replacement of damaged assets; purchase of spare parts, tools, and equipment for regular operations; procurement to meet urgent and unexpected needs):

- In case the package value ranges from VND 20,000,000 (twenty million dong) to less than VND 100,000,000 (one hundred million dong): the agency or unit shall obtain quotations from at least three different suppliers (direct quotations, via fax, or through postal service) as the basis for selecting the best supplier. The selection result must ensure the optimal supplier regarding quality, price, and other requirements (if any) such as delivery time, warranty conditions, training, transfer, without distinction between local or non-local suppliers.

- In case the package value is below VND 20,000,000 (twenty million dong): the head of the agency or unit decides on procurement appropriately and effectively and bears full responsibility for their decision; while ensuring complete invoice and documentation according to the provisions of the law; if possible, the head of the agency or unit may decide to procure assets according to the guidance for packages valued from VND 20,000,000 to less than VND 100,000,000 as specified above.

b) In case it is necessary to select a supplier to provide services for organizing conferences, seminars, congresses, training sessions... (providing meals and accommodation for delegates; renting conference halls, classrooms, and related services such as decoration, ceremonial arrangements, drinking water...) due to actual requirements necessitating centralized accommodation for all delegates or urgent need to organize immediately and unexpectedly; at the time of organization, the supply capacity of providers is limited, then the head of the agency or unit decides appropriately and effectively and bears full responsibility for their decision; while ensuring complete invoice and documentation according to the provisions of the law.

c) If deemed necessary, the head of the agency or unit may decide to procure assets according to the guidance for packages specified in points a and b above as stipulated in Point 3, Section IV, Part II of this Circular."

2. Supplement Point 3 into Part III as follows:

"3. For procurement to implement scientific and technological projects funded by state budget:

- For procurement contents assigned to the leading organizations or individuals of the projects as stipulated in Point 1, Section II of this Circular, the leading organizations or individuals shall decide on procurement appropriately and effectively and bear full responsibility for their decisions; while ensuring complete invoice and documentation according to the provisions of the law.

- For procurement contents not assigned to the leading organizations or individuals of the projects as stipulated in Point 2, Section II of this Circular, the provisions of this Circular shall be applied to implement."

3. Amend the numbering of Points 3, 4, and 5 of Part III of Circular No. 63/2007/TT-BTC dated June 15, 2007 accordingly to Points 4, 5, and 6.

4. This Circular takes effect 15 days after its publication in the Official Gazette.

Other provisions in Circular No. 63/2007/TT-BTC dated June 15, 2007 of the Ministry of Finance guiding the implementation of tender procurement to maintain the regular operation of state agencies with state capital remain valid.

Any issues arising during implementation should be reported to the Ministry of Finance for study and resolution./.