Decision No. 20/TC-KBNN on the issuance of the bidding procurement regulations for office supplies, equipment, and working tools for state agencies, armed forces, mass organizations, and state-owned enterprises.

Pursuant to …;

OF THE MINISTER OF FINANCE

Regarding the issuance of bidding regulations for purchasing equipment, tools, and working facilities for state agencies.

Armed forces. Associations and state-owned enterprises.

 ______________

THE MINISTER OF FINANCE

BASED ON DECREE NO. 178/CP DATED OCTOBER 28, 1994 OF THE GOVERNMENT ON THE TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCE;

Based on Directive No. 368/TTg dated June 22, 1995 of the Prime Minister on practicing thrift and combating waste in state agencies, armed forces, associations, and state-owned enterprises, and Circular No. 7256/KTTH of the Prime Minister dated December 18, 1995 on determining the value of assets to be purchased through bidding;

To strengthen management and utilization of state budget funds in the purchase of equipment, tools, and working facilities for state agencies, armed forces, associations, and state-owned enterprises;

 

DECISION:

Article 1. Attached to this decision are the bidding regulations for purchasing equipment, tools, and working facilities using state budget funds for state agencies, armed forces, associations, and state-owned enterprises.

Article 2. This Decision shall take effect from the date of signing.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and municipal People's Committees directly under the central government, Party agencies, associations, state-owned enterprises; Financial system units, Banks, State Treasury have the responsibility to implement these regulations.

REGULATIONS

BIDDING FOR THE PURCHASE OF EQUIPMENT, TOOLS, AND WORKING FACILITIES FOR STATE AGENCIES, ARMED FORCES, ASSOCIATIONS, AND STATE-OWNED ENTERPRISES

(Issued together with Decision No. 20 TC/KBNN dated January 17, 1996 of the Minister of Finance)

Article 1:State agencies, Party agencies, associations, mass organizations, armed forces benefiting from the state budget, and state-owned enterprises using state budget capital when purchasing equipment, tools, and working facilities with a value or total value of 100 million dong or more must conduct public bidding in accordance with the regulations set forth herein.

The repair, renovation, expansion of office premises, workshops; the purchase of equipment related to basic construction projects does not fall within the scope of these regulations and shall be implemented according to the current basic construction bidding regulations.

Article 2:Bidding principles:

2.1. Confidentiality regarding all bidding information of the bidding entities.

2.2. Organizing public bidding with equal rights and obligations among bidding entities.

2.3. The bidding organizing entity and the winning entity or individual have the responsibility to strictly fulfill the commitments regarding the supply of goods and payment of goods according to the bidding results.

Article 3:Bidders include entities and individuals from all economic sectors and components (including foreign companies or joint ventures with foreign countries permitted to establish and operate under Vietnamese law) who meet the following conditions:

Having a business license issued by competent authorities.

Possessing the ability to provide and warranty goods for types of goods that require warranty.

Depositing a bid bond as required by the bidding organizing entity one day before the opening of bids.

Using valid sales invoices issued by the Ministry of Finance.

Fully complying with the procedures and regulations stipulated in these regulations.

Article 4:Bidding Council:

4.1. The Bidding Council is established by the head of the entity and consists of 3 to 5 members including: the head of the entity (or authorized representative) as chairman, the entity’s chief accountant, a representative of the financial authority providing the budget (or a representative of the local financial authority), and some technical experts of the entity (or invited technical experts when necessary).

4.2. Members of the Bidding Council work on a part-time basis. After completing the procurement process, the Bidding Council will dissolve itself. All members of the Bidding Council must strictly keep confidential all bidding entity information and internal bidding information.

4.3. The Bidding Council has the following responsibilities:

Preparing and announcing relevant bidding contents.

Guiding and inspecting the conditions of participating bidding entities.

Receiving and checking the validity of bidding forms.

Setting a price ceiling framework for each bidding session. The price ceiling is determined for each type of asset to be purchased based on market prices and other costs (transportation, installation, etc.) according to each purchasing method.

Establishing a scoring system for each bidding factor.

Organizing the opening of bids and evaluating the bidding results.

Announcing the bidding results.

Resolving complaints related to bidding and opening of bids.

Article 5:Bidding announcement:

At least 7 to 10 days prior to each bidding session, the bidding organizing entity must announce specific bidding contents as follows:

Items to be purchased: quantity, specifications, types, and quality of goods.

Delivery deadline.

Method of transferring goods and payment terms.

Requirements for warranty of goods (if applicable).

Deadline and location for submitting bids.

Deadline and location for opening bids.

Bid bond account number at the State Treasury or Bank.

Article 6:Bid bond: the amount of money that the bidding entity must deposit into the account of the bidding organizing entity opened at the State Treasury (for bidding organizing entities that are state budget beneficiaries) or Commercial Bank (for bidding organizing entities that are state-owned enterprises). The bid bond amount is set at 5% of the bid value but not exceeding 50 million dong and no interest is earned during the deposit period. The bid bond will be refunded to non-winning entities immediately after the bidding results are announced; For winning entities, the bid bond will be refunded after the completion of the goods supply contract.

In case the winning entity unilaterally renounces the bidding result, fails to sign a contract, or signs a contract but fails to supply goods according to the agreed schedule, specifications, and quality, leading to contract termination or unilateral cancellation of the goods supply contract, the bid bond will be used to cover the costs of organizing the bidding process, and any remaining amount (if any) will be deposited into the state budget.

Article 7:Bidding submission:

7.1. Tendering units must submit tender forms and related documents to the tender organizing authority one working day before the opening of tenders.

The tender form model is prescribed by the Tender Board, including mainly the following contents:

Quantity, volume, specifications, quality of goods supplied.

Method of transferring goods and payment terms.

Price per lot or per unit.

Conditions, duration, location of warranty.

Other documents include:

A copy of the Decision on establishment of the unit.

A copy of the business license issued by the competent authority.

Confirmation from the State Treasury or commercial bank regarding the amount of bid bond deposited.

Other relevant documents prescribed by the Tender Board.

7.2. Tender forms and documents shall be sealed in envelopes and directly handed over to the tender organizing authority or sent through postal service. No tender form may be withdrawn or amended once it has been submitted to the tender organizing authority.

Article 8:Organizations and units purchasing materials and goods through tendering methods need to carefully study market price conditions, prepare reasonable bidding price ranges as a basis for tender opening. Such price ranges must be kept strictly confidential until the tender opening date.

Article 9:Tender Opening:

9.1. On the tender opening day, the Tender Board will proceed with opening the tender forms; participating tendering units may be invited by the tendering authority to attend the opening.

9.2. The award decision is based on the requirements stated in the tender notice, bidding price range, and specific conditions of each tender form as follows:

Among tender forms with the same conditions meeting the tender requirements, the winning tender is the one with the lowest price.

For tender forms with different tender conditions, the Tender Board needs to consider each specific condition according to a scoring system to determine the winning tender; Alternatively, voting can be applied. If the voting results show equal number of votes for different opinions, the tender outcome will be decided by the Chairman of the Tender Board.

In cases where the lowest tender price exceeds the bidding price range, the Tender Board needs to carefully decide to ensure that the winning price is consistent with the market price.

9.3. The tender results are recorded in the tender opening minutes and publicly announced and sent to financial authorities, State Treasury (or Bank if the tender organizing units are state-owned enterprises).

Article 10:In cases of complaints or disputes related to the organization of tenders, the tender organizing authority must provide specific responses to the complainant within ten days from the receipt of the complaint. If the complainant is not satisfied, they have the right to appeal to relevant competent authorities.

In cases where the tender contract is not implemented due to the fault of the winning bidder or the tender organizing authority, it shall be handled as a breach of economic contract.

Article 11:Costs for organizing tenders such as printing documents, books, information, and fees for training technical experts invited externally (if any) are included in the regular expenses of the unit (or management costs for state-owned enterprises).

Article 12: Any supplementation or amendment to this regulation shall be decided by the Minister of Finance./.