Decision No. 17/2019/QĐ-TTg Regarding certain tender packages and procurement contents for maintaining regular operations that apply the form of selecting contractors under special circumstances as provided for in Article 26 of the Bidding Law.

Pursuant to …;

REGARDING CERTAIN PROCUREMENT CONTRACTS AND PURCHASE CONTENTS TO MAINTAIN REGULAR OPERATIONS APPLIED IN SPECIAL CASES UNDER THE FORM OF SELECTING CONTRACTORS AS PROVIDED FOR IN ARTICLE 26 OF THE BID LAW

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to the Law on Procurement dated November 26, 2013;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

At the proposal of the Minister of Planning and Investment;

The Prime Minister issues this Decision regarding certain procurement contracts and purchase contents to maintain regular operations applied in special cases under the form of selecting contractors as provided for in Article 26 of the Bid Law.

Article 1. Scope of Regulation

1. This Decision stipulates the list of procurement contracts and purchase contents to maintain regular operations applied in special cases under the form of selecting contractors as provided for in Article 26 of the Bid Law and the procedures for selecting contractors for these procurement contracts and purchase contents.

2. Procurement activities to maintain regular operations that are not covered by the provisions of Article 3 of this Decision shall be carried out in accordance with the provisions of the Bid Law and Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Bid Law on selecting contractors.

Article 2. Applicability

State agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, public service units, and public science and technology organizations when using state funds to purchase assets, goods, and services to maintain regular operations.

Article 3. List of procurement contracts and purchase contents to maintain regular operations applied in special cases under the form of selecting contractors

1. Procurement contract for specialized vocational training and development for civil servants including the compilation of textbooks where it is necessary to invite competent authorities or units with the function and mission of specialized training.

2. Cases where it is necessary to select a contractor to provide services for organizing conferences, seminars, congresses, and training sessions (including meals and accommodation for delegates; renting conference halls, meeting rooms, and related services such as decoration, ceremonial arrangements, drinking water...) due to the need to centrally arrange meals and accommodations for all delegates and meet urgent deadlines.

3. Procurement contract for providing overseas human resource training services directly implemented by overseas training institutions with specialized expertise or advanced technical skills in cultural, scientific, technological, natural, and social fields.

4. Procurement contract for purchasing working dogs; training working dogs; purchasing narcotics, explosives, and samples of narcotic-laced or explosive-scented materials for training working dogs.

5. Procurement contract for renting warehouses to store temporarily detained goods; renting transportation and loading/unloading services for temporarily detained goods at ports and centralized inspection locations if there is only one service provider within the port.

6. Procurement contract for transporting national reserve goods for relief and assistance in cases where immediate delivery is required.

7. Printing and supplying various types of stamps (tax-free stamps, imported wine stamps, domestically produced wine stamps, imported cigar stamps, domestically produced cigarette stamps, customs clearance fee stamps, import duty stamps, transit goods and transport means fee stamps); various types of receipts (tax receipts, payment receipts, agency fee collection receipts, export tax receipts, import duty receipts); various types of declarations (imported automobile origin declaration forms, imported motorcycle origin declaration forms); various types of quota books for tax-free goods; various types of customs seals (sealing).

8. Purchasing and exchanging broadcasting program copyrights.

9. Producing and installing stages for program production broadcasts linked to specific implementation ideas.

10. Renting locations to organize artistic program production and recording.

11. Publicizing through mass media such as print newspapers, online newspapers, radio and television stations for content serving political tasks assigned by the Party and State, protecting national sovereignty, border areas, and islands, when the organization or unit responsible for direct funding signs a contract with news agencies to implement.

12. Procurement contract for organizing special artistic programs serving political tasks assigned by the Party and State.

13. Procurement contract for appraising asset values related to criminal cases requiring urgent completion according to the requirements of the investigating authority.

14. Procurement contract for importing sports weapons to serve annual training and competition activities of clubs, schools, and training centers.

15. Purchasing air tickets for domestic and international work trips.

16. Procurement contract for cooperative film production serving assigned political tasks.

17. Selecting lawyers to provide legal services to protect the rights and interests of the Government or Vietnamese state agencies before foreign or international courts when Vietnam is the defendant in international lawsuits.

18. Procuring various types of assets, goods, and services produced solely by one production facility; with unified prices set by the State (such as electricity, water, gasoline, diesel, environmental sanitation fees, and similar services), fixed-line telephone charges, maintenance of fixed-line telephone switchboards.

19. Procurement contract with a contract value not exceeding 50,000,000 Vietnamese dong.

20. Selecting contractors to provide certain services requiring long-term commitments from suppliers (more than one year) such as: leased data transmission lines, base stations; leased technical infrastructure; leased software; leased domain names, servers, and electronic data storage services; maintenance support services for hardware and software systems, user support services (call centers)...

21. In addition to the cases specified in Clauses 1 to 20 of this Article, if procurement contracts and purchase contents have unique special conditions that cannot be applied to the forms of selecting contractors prescribed in Articles 20, 21, 22, 23, 24, and 25 of the Bid Law, then the Ministers, Heads of ministerial-level agencies, and Chairpersons of People's Committees at all levels shall submit procurement requests to the Prime Minister for consideration and decision in accordance with the provisions of Article 26 of the Bid Law.

Article 4. Procurement process for contractors in special cases

1. For packages of work specified in Clauses 1 to 13 of Article 3 of this Decision, the following procedures shall be implemented:

a) Preparing, reviewing, and approving the procurement plan for contractors;

b) Negotiating contracts with contractors determined to have sufficient capacity and experience;

c) Approving the results of contractor selection;

d) Completing and signing contracts with selected contractors; the contract contents must ensure all relevant aspects concerning the scope, content of work to be performed, time frame, quality requirements, and contract value.

Specifically, for the package of work stipulated in Clause 13 of Article 3 of this Decision, contractors invited to negotiate contracts must meet the criteria of capacity, experience, and reputation, and price evaluation must comply with the requirements of investigation and trial procedures.

2. For the package of work specified in Clause 14 of Article 3 of this Decision, the following procedures shall be implemented:

a) Preparing, reviewing, and approving the procurement plan for importing sports firearms;

b) Negotiating contracts with selected importers of sports firearms;

c) The project owner approves the results of selecting importers of sports firearms. Selected contractors must be organizations or enterprises permitted to produce and trade in firearms, having a good reputation, sufficient capacity and experience in trading sports firearms, and reasonable import prices for firearms;

d) Completing and signing contracts with selected importers of sports firearms. Contracts must include all details regarding the scope of work, types of imported firearms, models, markings, country of manufacture, year of manufacture, key technical specifications, time frame, quality requirements, and contract value. Import permits, equipment permits, and usage permits for sports firearms shall be issued in accordance with current regulations on the management and use of sports firearms.

3. For the package of work purchasing air tickets specified in Clause 15 of Article 3 of this Decision, the following procedures shall be implemented:

a) For international business trips

- Based on approved travel plans and flight routes, agencies and units must obtain at least two quotations from two different ticket sales agents (or one agent offering quotes from at least two airlines, including at least one main airline of Vietnam National Airlines) for the same route to review, compare, and select the ticket supplier based on the following requirements: direct flights, suitable for the schedule; total costs (including taxes and surcharges), transportation fees, and waiting times at airports should be minimized.

- The head of the agency or unit signs the contract with the supplier ensuring economy and effectiveness and bears responsibility for their decision. In case of changing the flight route abroad due to work needs, the team leader decides on purchasing tickets.

b) For domestic business trips

The head of the agency or unit signs the contract with the supplier ensuring economy and effectiveness and bears responsibility for their decision.

Purchasing air tickets for domestic and international business trips does not require preparing, reviewing, and approving a procurement plan.

4. For the package of work specified in Clause 16 of Article 3 of this Decision, the following procedures shall be implemented:

a) The film production project investor prepares and submits to the competent authority for review and approval the content of research topics, cooperative groups, and film production plans according to the annual plan;

b) The film production project investor sends notifications to film production facilities (hereinafter referred to as film production contractors) about the approved research topics and film production plans and publishes information in accordance with the Bidding Law;

c) The script appraisal board (established by the film production project investor in accordance with regulations) reviews and selects the best scripts in terms of content, artistry, and suitability with the approved research topics and film production plans submitted by film production contractors;

d) Based on the "Script Appraisal" results, the film production project investor makes a decision or requests the competent authority to make a decision to include the selected script in the film production plan and notify the film production contractors whose scripts were selected to prepare production plans and documents in accordance with current regulations;

đ) The film production project selection committee (established by the film production project investor in accordance with regulations) reviews and evaluates the overall production plans submitted by film production contractors and prepares reports on the results of the selection of contractors to advise the investor;

e) Based on the report on the results of the selection of contractors by the film production project selection committee, the investor approves the results of the selection of film production contractors, approves or requests the competent authority to approve the maximum state cooperation and film production costs. On the basis of the results of the selection of film production contractors, the investor signs a contract to implement the film production project in accordance with current regulations;

g) After completing the film production process, the film production project investor conducts product acceptance, performs inspections, makes a decision or requests the competent authority to decide on the final settlement of project costs (including production, promotion, and distribution costs) and contract termination in accordance with current regulations.

5. For the package of work specified in Clause 17 of Article 3 of this Decision, the following procedures shall be implemented:

a) The leading agency in handling construction disputes establishes criteria, terms of assignment, and oversight mechanisms for law firms and lawyers, determines a list (of no fewer than three) of law firms and lawyers expected to be hired, prioritizing reputable and experienced law firms and lawyers who have won many international cases;

b) The leading agency in handling construction disputes negotiates service contracts with the dominant law firm or lawyer based on established criteria, terms of assignment, and oversight mechanisms for law firms and lawyers in the dispute.

c) The competent authority resolving the lawsuit approves the result of selecting the law firm or lawyer;

d) The competent authority resolving the lawsuit completes and signs the legal service contract with the law firm or lawyer.

6. For the tender package specified in Clause 18, Article 3 of this Decision, it shall be implemented as follows:

The head of the agency or unit directly signs the contract with the service provider to implement (without having to prepare, review, and approve the bidding selection plan).

7. For the tender package prescribed in Clause 19, Article 3 of this Decision, it shall be implemented as follows:

The head of the agency or unit decides on procurement ensuring economy, efficiency, and bears responsibility for their decision; there is no obligation to sign a contract with the supplier but must ensure complete invoicing and documentation in accordance with the provisions of the law (without having to prepare, review, and approve the bidding selection plan).

8. For the tender package prescribed in Clause 20, Article 3 of this Decision, it shall be carried out in accordance with the Bidding Law and meet the following requirements:

a) In the bidding selection plan, the time for implementing the contract, the bid price (projected total cost for the entire contract), and the estimated payment value to the contractor in each year (first year, second year, third year...) must be clearly stated;

b) The authorized person approving the bidding selection plan and responsible for ensuring adequate funding for contract payments in each year;

c) When preparing the tender invitation documents, the request documents must clearly state the time for implementing the contract and the payment conditions for the contractor (payment annually, after the annual budget estimate has been approved by the competent authority).

In cases where the selection of contractors providing the above services has been conducted through open bidding or restricted bidding, upon completion of the contract term, the tenderer may negotiate to extend the service supply contract based on ensuring transparency and economic efficiency. The contract implementation period (including both the old tender package duration and any extension period) shall not exceed five years.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from May 22, 2019.

2. The person deciding on procurement is responsible for transparency; when approving the budget estimate and bid price, they must comply with legal regulations, expenditure standards, ensure economy, prevent loss and waste, and achieve economic efficiency during procurement and bear responsibility for supervising bidding activities within their jurisdiction.

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