Decision No. 15/2011/QD-TTg On the annual purchase of state food reserves

Pursuant to …;

Regarding the annual purchase of state food reserves

 _____________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Bidding Law No. 61/2005/QH11 dated November 29, 2005, and the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;

Pursuant to the National Reserve Ordinance No. 17/2004/PL-UBTVQH11 dated April 29, 2004;

Pursuant to the Government Decree No. 196/2004/NĐ-CP dated December 2, 2004 detailing the implementation of the National Reserve Ordinance;

Pursuant to Government Decree No. 85/2009/NĐ-CP dated October 15, 2009 guiding the implementation of the Bidding Law and the selection of contractors under the Construction Law;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Temporarily apply the provisions on the annual purchase of state food reserves set forth in Articles 2, 3, and 4 of this Decision until December 31, 2012.

Article 2. Methods for purchasing state food reserves

1. For national rice reserves

a) Open bidding;

b) Direct assignment bidding shall only be applied when it is necessary to immediately purchase the quantity of rice to replace the portion already allocated according to the Decision of the

c) Direct purchase may be applied when a contract for a similar tender package was signed not more than six months prior;

d) Competitive quotation may be applied in cases where the tender package for purchasing rice has a value under two billion VND.

2. For national grain reserves

a) Direct assignment bidding may be applied in cases where the purchase is to replace the quantity of grain after allocation to meet disaster relief, post-disaster recovery, fire, and epidemic control requirements;

b) Competitive quotation may be applied in cases where the tender package for purchasing grain has a value under two billion VND;

c) Wide-ranging direct purchase from all entities.

3. The Minister of Finance decides on the specific purchasing method based on the provisions of Clause 1 and Clause 2 of this Article; stipulates the procedures for purchasing food in accordance with its special nature, seasonal requirements, and storage needs, ensuring the completion of assigned targets and bearing responsibility under the law for their decisions.

Article 3. Purchase price and quality of state food reserves

1. Purchase price of state food reserves

a) The Minister of Finance determines the maximum limit price for organizing the purchase of state food reserves;

b) Based on the maximum limit price determined by the Minister of Finance, the Director of the State Food Reserve General Department decides on the specific purchase price at each time and location when purchasing state food reserves, while reporting to the Minister of Finance and bearing responsibility under the law for their decision.

2. Food entering the state reserve warehouse must comply with the national technical standards for state food reserves, technical requirements, storage procedures, and management practices as currently prescribed.

Article 4. Implementation

1. This Decision takes effect from April 25, 2011.

2. The Minister of Finance shall guide the implementation of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant organizations, and individuals are responsible for implementing this Decision./.