Decision No. 204/QD-BTC On the assignment of tasks for purchasing and selling state reserves in 2011

Pursuant to …;

Regarding the assignment of tasks for purchasing and selling state reserves in 2011

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THE MINISTER OF FINANCE

Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005;

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

Pursuant to the Government Decree No. 17/2010/NĐ-CP dated March 4, 2010 on auctioning assets;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 106/2009/QD-TTg dated August 20, 2009 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the State Reserve General Department under the Ministry of Finance;

Pursuant to Decision No. 2139/QD-TTg dated November 23, 2010 of the Prime Minister regarding the assignment of targets for the socio-economic development plan for 2011;

At the request of the Director General of the State Reserve Administration,

DECISION:

Article 1. Assign the task of organizing and implementing the purchase and sale of state reserves directly managed by the Director of the State Reserve General Department, specifically as follows:

1. For the purchase of state food reserves, the Director of the State Reserve General Department shall have the following responsibilities:

a) Direct, organize, and implement the purchase of state food reserves to ensure the assigned targets, quality, and warehouse entry schedule.

b) Approve bidding for the purchase of state food reserves:

- Establish the Bid Evaluation Committee;

- Approve the bidding plan;

- Resolve objections during the bidding process.

2. For the purchase of state material equipment reserves

2.1. The Minister of Finance

- Approve the bidding plan and tender documents;

- Approve the bidding results;

- Handle situations during the bidding process;

- Resolve objections during the bidding process and handle violations of bidding laws.

2.2. The Planning and Finance Department

- Review the bidding plan, tender documents, and bidding results;

- Submit to the Minister of Finance for approval of the bidding plan, tender documents, and bidding results;

- Submit to the Minister of Finance for consideration and decision on handling situations during the bidding process;

- Submit to the Minister of Finance for resolution of objections and handling of violations of bidding laws within the scope of authority.

2.3. The Director of the State Reserve General Department

a) Organize and implement the purchase of state material equipment reserves to ensure the assigned targets, quality, and warehouse entry schedule according to regulations.

b) Be responsible for organizing the bidding for the purchase of state material equipment reserves:

- Prepare the bidding plan and tender documents for submission to the Minister of Finance for approval;

- Establish the Bid Expert Committee and submit the bidding results to the Minister of Finance for approval;

- Submit to the Minister of Finance for consideration and handling of situations during the bidding process;

- Send the Planning and Finance Department for review of the bidding plan, tender documents, and bidding results;

- Announce the bidding results and negotiate the signing of the basic contract with the winning bidder and guide the Regional State Reserves Bureaus to sign contracts with the winning bidder;

- Implement other contents as prescribed by bidding laws;

3. For the sale of state food reserves, the Director of the State Reserve General Department shall have the following responsibilities:

a) Guide and inspect the Regional State Reserves Bureaus to implement the sale of state food reserves through auctions in accordance with the law;

b) Determine the starting price for the sale of state food reserves through auctions;

c) Decide to establish the auction committee for state food reserves of the Regional State Reserves Bureaus (in cases where a professional auction organization cannot be hired to conduct the auction of state food reserves).

4. The Director of the State Reserve General Department shall be responsible:

- Guide and inspect the Regional State Reserves Bureaus to implement the entry into storage and sale of state reserves in accordance with regulations and bear responsibility before the law and the Minister of Finance for the performance of the assigned tasks under this Decision.

- Report to the Minister of Finance any difficulties arising, exceeding authority, or falling outside the scope of assigned tasks during the implementation process. Report to the Minister of Finance the results of entering storage and selling state reserves.

Article 2. Assign the Director of the Regional State Reserves Bureau to organize the implementation of specific tasks as follows:

1. Purchase of state food reserves

a) Organize and implement the purchase of state food reserves to ensure the assigned targets, quality, and warehouse entry schedule according to regulations.

b) Be responsible for organizing the bidding for the purchase of state food reserves:

- Prepare the bidding plan for state food purchases for submission to the Director of the State Reserve General Department for approval;

- Establish the Bid Expert Committee and the Bid Document Evaluation Committee;

- Approve the tender documents and organize the bidding process according to regulations;

- Approve the selection of contractors and announce the bidding results;

- Negotiate, finalize, and sign contracts with the winning bidder;

- Decide on handling situations during the bidding process;

- Implement other contents as prescribed by bidding laws.

2. Purchase of state material equipment reserves

a) Sign purchase and sale contracts with the winning bidder based on the announced bidding results and the basic contract signed between the State Reserve General Department and the winning bidder; organize the entry into storage of reserve goods to ensure the assigned targets, quality, and schedule according to regulations.

b) Inspect, accept, terminate contracts, and pay the contractor according to the law.

3. Sale of state food reserves

a) Prepare and approve the plan for the sale of state food reserves through auctions according to the assigned targets;

b) Select a professional auction organization (property auction service center, property auction enterprise);

c) Submit to the Director of the State Reserve General Department for the establishment of the auction committee for state food reserves of the Regional State Reserves Bureau (in cases where a professional auction organization cannot be hired to conduct the auction of state food reserves).

4. The Director of the Regional State Reserves Bureau shall be responsible:

- Directly organize the implementation of the purchase and sale of state reserves in accordance with the provisions of the Bidding Law, Auction Law, and related legal documents;

- Organize the entry into storage of food and material equipment reserves and terminate contracts, pay contractors according to regulations;

- Report to the Director of the State Reserve General Department any difficulties arising during the implementation of assigned tasks and report the progress of entering storage and selling state reserves.

||| Shall be responsible for their decisions in performing the assigned tasks before the law and before the Director of the State Reserve General Department.

Article 3. This Decision shall take effect from the date of signature and shall apply to the purchase and sale of state reserve goods according to the 2011 annual plan index.

The Director of the State Reserve General Department, the Regional State Reserve Bureau Chief, the Permanent Secretary of the Ministry, and the Heads of related units shall be responsible for implementing this Decision./.