Circular No. 35/2025/TT-BCA on investment and procurement in the People's Public Security

CIRCULAR

Regulations on investment and procurement in the People's Public Security

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

"a) Ministries and central agencies shall take the lead and coordinate with the Ministry of Finance and related agencies in submitting to the Prime Minister for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget according to groups of services within their respective sectors and fields under their management. Ministries and central agencies shall issue detailed lists of services as a basis for tendering, ordering, and assigning tasks (if necessary)."

Pursuant to the Bidding Law on June 23, 2023;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law on November 29, 2024;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Securities Law, Accounting Law, Independent Audit Law, State Budget Law, Asset Management and Utilization Law, Tax Administration Law, Personal Income Tax Law, National Reserve Law, Administrative Violation Handling Law on November 29, 2024

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 165/2016/NĐ-CP dated December 24, 2016 of the Government stipulating management and utilization of the state budget for certain activities in the defense and security sectors;

Pursuant to Decree No. 01/2020/NĐ-CP dated May 14, 2020 of the Government amending and supplementing certain provisions of Decree No. 165/2016/NĐ-CP dated December 24, 2016 of the Government stipulating management and utilization of the state budget for certain activities in the defense and security sectors;

Pursuant to Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of Public Assets;

Pursuant to Decree No. 114/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain provisions of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Asset Management and Utilization Law;

Pursuant to Decree No. 50/2025/NĐ-CP dated February 28, 2025 of the Government amending and supplementing certain provisions of decrees detailing certain provisions of the Asset Management and Utilization Law;

Pursuant to Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government stipulating management of investment in applying information technology using state budget funds;

Pursuant to Decree No. 82/2024/NĐ-CP dated July 10, 2024 amending and supplementing certain provisions of Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government stipulating management of investment in applying information technology using state budget funds;

Pursuant to Decree No. 99/2021/NĐ-CP dated November 11, 2021 of the Government on management, payment, and settlement of projects using state capital;

Pursuant to Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing measures of the Bidding Law regarding contractor selection;

Pursuant to Decree No. 17/2025/NĐ-CP dated February 6, 2025 of the Government amending and supplementing certain provisions of decrees detailing certain provisions and implementing measures of the Bidding Law;

BASED ON DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;

Pursuant to Decree No. 85/2025/NĐ-CP dated April 8, 2025 of the Government detailing implementation of certain provisions of the Public Investment Law;

At the proposal of the Director of the Department of Planning and Finance;

The Minister of Public Security issues this Circular regulating investment and procurement activities in the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular stipulates certain contents concerning authority, decentralization, delegation of decision-making and approval in investment and procurement activities; implementation of investment and procurement activities; issuance, monitoring of assets and goods; payment, settlement of capital, investment and procurement expenses; inspection and supervision of investment and procurement activities within the People's Public Security.

2. This Circular does not regulate:

a) Investment in construction projects;

b) Investment and procurement using enterprise capital and development funds of public service units in the People's Public Security;

c) Procurement of materials, raw materials, services for production not falling under the cases where agencies or persons with authority place orders or assign production tasks.

3. Contents related to investment and procurement not specified in this Circular shall be implemented in accordance with laws on public investment; bidding; state budget; asset management and utilization, and other relevant regulations.

Article 2. Applicability

1. Units and local public security agencies include:

a) Units under the Ministry of Public Security;

b) Provincial Public Security Departments (hereinafter referred to as Provincial Public Security Departments).

2. Organizations and individuals related to investment and procurement activities within the People's Public Security.

Article 3. Explanation of Terms

1. Goods and services in the People's Public Security refers to special assets, dedicated assets, assets serving management work, and other goods (including medicines as prescribed by the Drug Law), and other services.

2. Detailed procurement budget refers to a set of procurement needs proposals when not establishing an investment project, including contents such as: types, lists of goods and services, quantities, unit prices, total expenses, basic technical requirements, beneficiaries, and other contents to implement the procurement budget estimate (funding source).

3. Procurement unit is the People's Public Security units and localities assigned capital and funds to organize procurement.

4. Production bases in the People's Public Security includes enterprises, public service units within the People's Public Security and other production bases under local public security units authorized by agencies or persons with authority to place orders or assign production tasks for products serving security missions.

Article 4. Principles of investment and procurement

1. Comply with laws on public investment, bidding, asset management and utilization, state budget, and other relevant laws.

2. Comply with investment policies, investment projects, designs, and detailed budgets of investment projects, detailed procurement budgets, overall plans for selecting contractors (if any), and plans for selecting contractors approved by competent authorities.

3. Organize procurement in accordance with the allocated capital and expense indicators, revenue and expenditure plans approved by competent authorities (for purchasing drugs, medical equipment, chemicals, and consumable medical supplies using hospital operation income).

4. Ensure fairness, transparency, economic efficiency, and accountability; comply with standards and norms; meet the operational and combat requirements of the People's Public Security forces.

5. Procure imported goods only if domestic production cannot meet the requirements or if domestic production exists but does not meet the operational and combat requirements.

6. Heads of procurement units who are delegated authority to make investment and procurement decisions are responsible before the law and the Minister of Public Security for their decisions. Persons delegated to make investment and procurement decisions may not further delegate such authority.

Article 5. Sources of capital and procurement funds

1. Development investment capital.

2. Regular operating expenses.

3. National reserve funds.

4. Special funds.

5. Local support capital and funds.

6. Other lawful capital and funds.

Article 6. Investment and procurement activities

1. Procurement under investment projects:

a) Establishing, reviewing, and approving the investment policy statement, except where approval of the investment policy statement is not required according to regulations;

b) Establishing, reviewing, and approving the investment project;

c) Prepare, review, and approve comprehensive plans for selecting contractors (if any);

d) Prepare, review, and approve plans for selecting contractors; prepare, review, and approve detailed designs and budgets (for projects or components with two-stage design);

đ) Select contractors;

e) Issuing, monitoring assets and goods purchased;

g) Control, issue, pay, and settle investment capital.

2. Procurement under budgets:

a) Establishing, reviewing, and approving detailed procurement budgets;

b) Prepare, review, and approve plans for selecting contractors;

c) Select contractors;

d) Issuing, monitoring assets and goods purchased;

đ) Control, issue, pay, and settle procurement expenses.

Chapter II
SPECIFIC PROVISIONS

Section 1

AUTHORITY, GRADATION, DELEGATION OF DECISIONS AND APPROVALS IN INVESTMENT AND PROCUREMENT ACTIVITIES

Article 7. Procurement under Projects

1. The Minister of Public Security:

a) Deciding on the investment orientation for projects in Group A, Group B, and Group C in accordance with the Law on Public Investment and related Government regulations;

b) Approving investment for projects in Group A, Group B, and Group C, except in cases of decentralization or delegation as provided for in point a, Clause 2 and point a, Clause 3 of this Article;

c) Approving detailed design and budget estimate for projects in Group A, except in cases of decentralization or delegation as provided for in point a, Clause 3 of this Article;

d) Approving the overall plan for selecting contractors and the plan for selecting contractors for projects in Group A, Group B, and Group C as stipulated in Clause 1 and Clause 2 of Article 77 of the Bidding Law No. 22/2023/QH15 (Bidding Law), except in cases of decentralization or delegation as provided for in point c, Clause 2 and point a, Clause 3 of this Article.

2. Heads of procurement units (project sponsors):

a) Approving investment for projects with total investment and total funding assigned by the Ministry of Public Security below 15 billion VND; approving investment for other projects when delegated by the Minister of Public Security;

b) Approving detailed design and budget estimate for projects in Group B and Group C;

c) Approving the plan for selecting contractors for projects delegated to approve investment by the Minister according to point a of this clause; approving the plan for selecting contractors when delegated according to point b, Clause 2 of Article 40 of the Bidding Law; approving the contents stipulated in Clause 1 of Article 78 of the Bidding Law.

3. For procurement projects using 100% local funding support:

a) In cases where the Ministry of Public Security decides on the investment orientation and assigns the Provincial Public Security Director to approve: investment for projects in Group B and Group C; detailed design and budget estimate for the project; plan for selecting contractors for projects approved for investment by themselves; plan for selecting contractors when delegated according to point b, Clause 2 of Article 40 of the Bidding Law; contents stipulated in Clause 1 of Article 78 of the Bidding Law;

b) For projects not requiring approval of investment orientation, the Provincial Public Security Director reports to seek opinions from the Ministry's leadership responsible for planning and finance for projects with total investment of 15 billion VND or more before approving investment according to the delegation stipulated in point a of this clause or submitting to the competent authority at the locality for approval of investment.

Article 8. Procurement under Budget Estimates

1. The Minister of Public Security decides on procurement, except in cases stipulated in Clauses 2, 3, 4, and 5 of this Article.

2. Heads of second and third-level budget units directly related to first-level budget units decide on procurement within the annual budget estimates assigned by the Ministry of Public Security (excluding: centralized procurement items if applicable; procurement of equipment, distribution for forces, special assets, specialized assets with a total budget estimate of 15 billion VND or more; and other cases when delegated or authorized by the Minister).

3. Heads of third-level budget units directly related to second-level budget units and heads of other units decide on procurement within the scope of the directly superior budget unit's allocation or authorization.

4. Directors of hospitals subordinate to the Ministry of Public Security, directors of provincial public security hospitals decide on purchasing medicines, medical supplies, chemicals, and consumable medical materials from operating income and in accordance with internal expenditure regulations of their units.

5. Heads of production facilities in the People's Public Security decide on purchasing raw materials and inputs for producing and processing products serving security tasks ordered or assigned by competent authorities, ensuring compliance with bidding laws and other relevant regulations.

6. For procurement of goods using 100% local funding support, in cases where the Ministry of Public Security decides on procurement and assigns the Provincial Public Security Director to approve detailed procurement budgets after obtaining agreement on the orientation from the Ministry of Public Security as stipulated in Clause 5 of Article 13 of this Circular.

Section 2

INVESTMENT ORIENTATION, INVESTMENT PROJECTS, DESIGN AND ESTIMATE

OF INVESTMENT PROJECTS, PROCUREMENT ESTIMATES, OVERALL PLAN

FOR SELECTING CONTRACTORS, PLAN FOR SELECTING CONTRACTORS

Article 9. Investment Policy

1. Preparing the Preliminary Feasibility Study Report and the Proposal for Investment Policy:

a) Units under the Ministry of Public Security and provincial public security agencies shall aggregate needs and register the medium-term public investment project list according to the guidelines of the Ministry of Public Security and submit it to the Financial Planning Department for reporting to the leadership of the Ministry for review and guidance. Upon approval by the competent authority, the Financial Planning Department will notify relevant units and localities to prepare the Preliminary Feasibility Study Report or the Proposal for Investment Policy;

b) In cases where there is a need for important and urgent investments after the medium-term public investment plan of the Ministry of Public Security has been approved, relevant units and localities shall register supplementary project lists for submission to the Financial Planning Department for reporting to the leadership of the Ministry for review and guidance. Upon approval by the competent authority, the Financial Planning Department will notify relevant units and localities to prepare the Preliminary Feasibility Study Report or the Proposal for Investment Policy.

2. Basis for preparing the Preliminary Feasibility Study Report and the Proposal for Investment Policy:

a) National industry planning, programs, and tasks that have been approved by the competent authority (if applicable);

b) Notifications from the Financial Planning Department as stipulated in Clause 1 of this Article;

c) Current equipment status;

d) Equipment usage standards and actual work and combat requirements;

đ) Documentation explaining the basis for initially determining the total investment amount.

3. The content of the Preliminary Feasibility Study Report and the Proposal for Investment Policy shall be carried out in accordance with Articles 34 and 35 of the Public Investment Law and other related regulations.

Design proposals are integrated into the Preliminary Feasibility Study Report and the Proposal for Investment Policy. A project may simultaneously apply two design schemes (one-step design and two-step design as stipulated in Clause 1 and Clause 2, Article 11 of this Circular) to suit the investment content; if two design schemes are applied, the corresponding design scheme for each specific investment item must be clearly proposed.

Adjustments and suspension of the investment policy shall be implemented in accordance with Article 37 of the Public Investment Law and other related regulations.

5. For information technology application projects: Implementation shall be in accordance with Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on management of information technology application projects using state budget funds, amended and supplemented by Decree No. 82/2024/ND-CP dated July 10, 2024 (hereinafter referred to as Decree No. 73/2019/ND-CP as amended and supplemented).

Article 10. Investment Projects

1. The content of the Detailed Feasibility Study Report for the project shall be carried out in accordance with Clause 2, Article 47 of the Public Investment Law and related provisions. For information technology application projects, implementation shall be in accordance with Decree No. 73/2019/ND-CP as amended and supplemented.

2. Adjustment of investment projects shall be carried out in accordance with Clause 2, Article 46 of the Public Investment Law and other related provisions. The Financial Planning Department shall decide on organizing inspections, supervision, and evaluation of investment projects as the basis for reviewing project adjustments.

3. For projects delegated or authorized by the Minister of Public Security to decide on investment as stipulated in point a, Clause 2 and point a, Clause 3 of Article 7 of this Circular:

a) Where the investment items of the project require synchronization, connection, and data sharing with technical systems in the People's Public Security, the investor shall seek opinions from relevant specialized technical units under the Ministry of Public Security regarding the design content of those items before approving them according to the delegation or authorization;

b) Relevant units receiving opinions shall be responsible for responding to the investor within a maximum period of 10 days from the date of receipt of the opinion solicitation document.

Article 11. Project Design

1. One-step design is detailed design integrated into the Feasibility Study Report of the project and applied to projects not falling under the cases specified in point b, Clause 2 of this Article.

2. Two-step design:

a) It includes basic design and detailed design. Basic design is integrated into the Feasibility Study Report of the project. Detailed design must be consistent with the main contents and parameters of the approved basic design in the project.

b) Two-step design applies to projects with a total value of installation items and system establishment from 90 billion VND upwards and other cases where the competent authority deems it necessary to require two-step design.

3. For information technology application projects, the content of design and design documentation shall be carried out in accordance with the provisions of Decree No. 73/2019/ND-CP as amended and supplemented and as stipulated in this Circular.

4. For detailed design approved by the investor in accordance with point b, Clause 2 and point a, Clause 3 of Article 7 of this Circular: the investor must seek opinions from relevant technical units under the Ministry of Public Security before approving according to their authority.

5. Adjustment of project design: Project design may be adjusted when the approved design content no longer suits actual conditions or when higher efficiency factors arise from adjustments. The unit proposing the design adjustment must report clearly on the reasons for the adjustment, compare and analyze the suitability and effectiveness of the adjustment plan against the previously approved content, and propose solutions to ensure feasibility during implementation.

Article 12. Project Budget Estimate

1. The project budget estimate is established, reviewed, submitted, and approved simultaneously with the detailed design of the project.

2. Principles for establishing the project budget estimate:

a) Ensuring investment and procurement principles as stipulated in Article 4 of this Circular;

b) A separate budget estimate for special consumption tax (if applicable);

c) For imported goods and services, the budget estimate price is CIF or CIP (excluding import tax and VAT) and contract execution costs (including all taxes and fees as prescribed), calculated in Vietnamese Dong, converted to equivalent foreign currency at the exchange rate at the time of preparing the project budget estimate.

For domestic-purchased goods and services (including domestically produced and processed goods and services; goods and services produced and processed abroad but sold in Vietnam), the budget estimate price includes all prescribed taxes and fees, calculated in Vietnamese Dong.

For specialized transportation equipment included in the list of domestic specialized transportation equipment that needs to be imported due to operational requirements, the budget estimate should include the import tax as prescribed.

3. The content of the project budget estimate shall comply with the laws on public investment; for the budget estimate of information technology application projects funded by state budget, it shall comply with the laws on managing public investment in information technology applications and the provisions of this Circular.

4. Adjustment of project budget estimate:

The project budget estimate may be adjusted when the total investment amount of the project is adjusted or when the approved budget estimate content no longer suits actual conditions. The investor must report clearly on the reasons and submit supporting documents.

Article 13. Detailed Procurement Budget Estimate

1. The detailed procurement budget estimate shall be prepared in compliance with Clause 2 of Article 12 of this Circular; the estimated unit price must be consistent with the requirements, features, and basic technical specifications of the goods and services intended for procurement; and consistent with market prices at the time of preparing the budget estimate.

2. Basis for establishing the detailed procurement budget estimate:

a) There is a notice of procurement funding index, in cases where there is no notice of procurement funding index but procurement is required to meet urgent operational and combat needs, permission from the competent authority is required to proceed with procurement procedures; financial plans for hospital operations regarding the purchase of medicines, chemicals, medical supplies, and consumables.

b) Documents serving as the basis for explaining the detailed procurement budget estimate (current equipment status; standards and quotas for equipment; work requirements and tasks; documents serving as the basis for proposing types, lists of goods and services, estimated unit prices, and requirements, features, technical specifications, and beneficiaries).

3. Content of the detailed procurement budget estimate:

a) The detailed procurement budget estimate table includes proposals on: types, lists; quantities, unit prices, total amounts, overall budget estimates, basic technical requirements, beneficiaries, sources of supply;

b) The explanation of the detailed procurement budget estimate includes the following contents: necessity of procurement (analysis of current status; actual needs; comparison with standards and quotas; proposed list and quantity of procurement); features, effects, and basic technical specifications of each category of goods; diagrams and construction design solutions in case of purchasing technical systems; explanation of the estimated unit price.

4. Adjustment of detailed procurement budget estimate: In cases where it is necessary to adjust the content within the approved detailed procurement budget estimate, the unit proposing the adjustment must review and prepare a report, along with supporting documents for the proposal, ensuring that the total procurement value after adjustment does not exceed the announced procurement funding.

5. For procurement using 100% local government support funds:

a) Provincial Public Security Departments report to the Ministry of Public Security (through the Financial Planning Department) for comments on the following policy:

Provincial Public Security Departments compile needs and report to the Ministry of Public Security (through the Financial Planning Department) on the following contents: list, quantity, estimated unit price, and beneficiaries ensuring compliance with usage standards and quotas, current status; features, basic technical specifications, and technical and technological solutions (if applicable) for goods in the special assets and specialized equipment categories, except for cases specified in point b of this clause.

The reporting dossier to the Ministry of Public Security includes: a request for comments document, which includes an explanation of the necessity of procurement and equipment (statistics and evaluation of current equipment status, planned deployment location status; investment needs; results of comparing with equipment standards and quotas; proposals for lists, quantities, estimated unit prices, and beneficiaries for each category); accompanying documents include: decisions or documents from local authorities confirming financial support; documents serving as the basis for proposing the estimated unit price (one of the following methods: valuation results, similar contract prices, quotations, listed prices, declared prices; documents on prices must reflect features, effects, configurations, basic technical specifications, origin, and model numbers of goods).

Within thirty days from the date of receiving the proposal from the provincial police force, the Planning and Finance Department shall take the lead and coordinate with relevant units to report to the Ministry's leadership responsible for planning and finance for consideration and comments. After obtaining approval from the Ministry's leadership on the principle, the Planning and Finance Department shall notify the unit to complete the dossier, approve it or submit it to the competent authority at the local level for detailed procurement budget approval and organization of implementation.

b) For goods and services not included in the list of specialized assets; goods included in the list of specialized assets with a unit price of up to five hundred million VND, with the total estimated procurement cost not exceeding fifteen billion VND, the Provincial Police Director shall independently approve or submit to the competent authority at the local level for detailed procurement budget approval to ensure compliance with standards and usage quotas, meet work requirements, and be economical and effective.

The provincial police force shall report the results of implementation to the Ministry of Public Security (through the Planning and Finance Department and related functional agencies) for management and monitoring.

Article 14. Overall Plan for Contractor Selection

The establishment, review, approval, and adjustment of the overall plan for contractor selection shall be carried out in accordance with the provisions of Article 36 of the Bidding Law, Article 14, and Article 15 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and implementing mechanisms of the Bidding Law regarding contractor selection (hereinafter referred to as Decree No. 24/2024/NĐ-CP), specifically as follows: 1. In cases where the authorized person agrees to the principle of establishing the overall plan for contractor selection, the project owner shall establish and submit the overall plan for contractor selection to the authorized person for review and approval after the project has been approved.

2. In cases where it is necessary to adjust some contents within the overall plan for contractor selection that have already been approved, only the adjusted contents shall be established, reviewed, and approved.

Article 15. Plan for Contractor Selection

1. Principles, legal basis for establishing the plan for contractor selection and the content of the plan for contractor selection: Implemented in accordance with the provisions of Article 37, Article 38, and Article 39 of the Bidding Law, Article 16 of Decree No. 24/2024/NĐ-CP, and relevant laws.

In cases where it is necessary to adjust one or more contents within the plan for contractor selection that have already been approved, only the adjusted contents shall be established, reviewed, and approved.

2. Forms of contractor selection shall be implemented in accordance with the provisions from Article 21 to Article 29 of the Bidding Law and Clause 7, Clause 8 of Article 4 of the amended Bidding Law; Clause 1, Clause 4 of Article 2, from Article 98 to Article 104 of Decree No. 24/2024/NĐ-CP, and Clause 20 of Article 2 of Decree No. 17/2025/NĐ-CP dated February 6, 2025 of the Government amending and supplementing certain articles of decrees detailing certain provisions and implementing mechanisms of the Bidding Law (hereinafter referred to as Decree No. 17/2025/NĐ-CP).

The project owner shall determine tender packages using information classified as state secrets for the protection of state secrets in accordance with Clause d, Clause 1 of Article 23 of the Bidding Law. When requesting review and approval of the plan for contractor selection, the project owner must clearly explain the confidentiality requirements and state secret protection measures in accordance with the law on protecting state secrets.

The time for organizing contractor selection for each tender package is the number of days from the issuance of the bidding invitation documents or request documents until the selection result is obtained (including the review period). In cases of tender cancellation according to Clause 1 of Article 17 of the Bidding Law and situations handled according to Clause 4 of Article 131 of Decree No. 24/2024/NĐ-CP, the project owner does not need to submit for approval adjustments to the start time of organizing contractor selection in the approved plan for contractor selection.

3. The period for organizing the selection of contractors for each tender package is the number of days from the date of issuance of the tender documents or request for proposal to the date when the selection results are obtained (including the evaluation period). In cases where the tender is canceled according to Clause 1, Article 17 of the Bidding Law, and in situations handled according to Clause 4, Article 131 of Decree No. 24/2024/NĐ-CP, the project owner is not required to submit an application for approval to adjust the start time of the contractor selection process in the approved procurement plan.

Section 3.

REVIEW, APPROVAL OF INVESTMENT AND PROCUREMENT

Article 16. Forms of Organizing Appraisal

The organization of appraisal in investment and procurement shall be carried out in the form of an appraisal agency or an appraisal council or team.

1. Cases of appraisal in the form of an appraisal agency:

a) Investment policy, investment project, detailed design and budget estimate of the investment project, except for cases stipulated in point a, Clause 2 of this Article;

b) Detailed procurement budget; overall plan for selecting contractors, plan for selecting contractors;

c) Contents approved by the investor as prescribed in points b, c, d, Clause 1, Article 78 of the Bidding Law, except for cases stipulated in point b, Clause 2 of this Article.

2. Cases of appraisal in the form of an appraisal council or team:

a) Investment policy for national key projects and investment policy for group A projects under the Prime Minister's decision-making authority (internal appraisal within the Ministry of Public Security); group A investment projects with a total value of two-step design stages of VND 16,000 billion or more; other cases when the person with decision-making authority decides;

b) The head of the purchasing unit may establish a review team to conduct reviews on contents decided by themselves.

Article 17. Appraisal Agency

1. The leading appraisal agency decides on soliciting opinions from related agencies inside and outside the Public Security sector or hiring consultants to review during the appraisal process and is responsible for organizing the appraisal work and the results of the appraisal.

2. The coordinating appraisal agency studies and provides written opinions within ten days from the date of receipt of the request letter from the leading agency; bears responsibility for its appraisal opinion.

Article 18. Appraisal Council

1. Principles of review in the form of a Review Board:

a) The Appraisal Council operates on a part-time basis; operates under the principle of collective responsibility and individual accountability. The Chairman of the Appraisal Council approves the conclusions;

b) All sessions of the Review Board convened by the Chairman must have at least three-quarters of the members present;

c) In cases where the Appraisal Council does not convene a meeting, the Chairman decides and assigns the Council Secretary to solicit written opinions from Council members to compile and report to the Chairman;

d) During the appraisal process, the Chairman of the Appraisal Council decides on the establishment of a working group and reports to the competent authority for permission to hire consulting reviews, seek opinions from experts and related agencies inside and outside the People's Public Security force.

2. Composition and criteria for Review Board members:

a) Members of the Appraisal Council include the Chairman and representatives from related agencies;

b) Members of the Appraisal Council must have professional qualifications and experience in planning, finance, technology, and other fields relevant to the appraisal content. For bidding appraisals, members of the Council must meet the conditions prescribed by laws on bidding; individuals participating in the expert team cannot simultaneously participate in the Appraisal Council of the same tender package.

3. Rights and responsibilities of the Chairman of the Review Board:

a) Chairing review sessions;

b) Signing the Report on the Results of the Review;

c) Deciding on other issues related to the activities of the Review Board;

d) Being responsible for the organization and results of the review by the Review Board.

4. Rights and responsibilities of the Deputy Chairman of the Review Board (if any):

a) Chairing review meetings, signing the Report on the Results of the Review when authorized by the Chairman and being responsible within the scope of authorization;

b) Exercising the rights and responsibilities of a member of the Review Board.

5. Rights and responsibilities of the Secretary of the Review Board:

a) Advising and assisting the Council in organizing the appraisal (receiving and sending documents related to the appraisal work; compiling opinions of Council members; preparing meeting materials and recording minutes of Council meetings; drafting the Appraisal Report for Council approval to be reported to the competent authority by the Chairman; performing other tasks related to the appraisal work assigned by the Chairman).

b) Exercising the rights and responsibilities of a member of the Review Board.

6. Rights and responsibilities of Appraisal Council members

a) Studying documents, providing written review opinions and submitting them to the Chairman within the deadline;

b) Attending all sessions of the Review Board;

c) Having the right to reserve opinions and being responsible for their review opinions.

Article 19. Organization of review of contents decided by the Minister of Public Security

1. Within a maximum period of three working days from the date of receipt of the application file for review, the Department of Planning and Finance shall check the validity of the file and issue a document requesting the purchasing unit to supplement materials in case the file is not valid. After receiving a valid application file for review, the Department of Planning and Finance shall organize the review, issue a document requesting the investor to adopt, explain (if necessary) and complete the review file.

For cases where the review is conducted in the form of a Council: The Department of Planning and Finance shall report to the leadership of the Ministry to establish a Council to organize the review.

For investment projects applying information technology, the Department of Information Technology shall review the basic design and detailed design; within a maximum period of ten days from the date of receipt of the document requesting review, send the review results to the Department of Planning and Finance for consolidation and completion of the review file. In cases where the Department of Information Technology is also the investor, the Department of Planning and Finance shall review the basic design and detailed design.

2. Application for review;

a) The application file for reviewing the investment proposal includes: the document requesting review; the document with the directive opinion of the Ministry of Public Security leader responsible for the content of the Preliminary Feasibility Study Report and the Investment Proposal Report; draft Preliminary Feasibility Study Report and Investment Proposal Report (including a clear explanation of the necessity for investment, scale of investment; statistics and evaluation of the current equipment status and the proposed location for installation; investment needs; comparison results with equipment standards and norms; proposal of the list, quantity, and target group for each category of equipment); documents serving as the basis for proposing budget unit prices to determine the preliminary total investment amount (according to one of the following methods: review price/contract price of similar items/quotation/listed price, declared price; price documents must reflect the features, functions, configuration, basic technical specifications, origin, model code of goods); local government documents on capital allocation and support (for procurement projects of special assets, dedicated assets using local government budget support), other documents (if any) as prescribed by laws on public investment;

b) The application file for reviewing investment projects includes: the document requesting review; Feasibility Study Report; documents serving as the basis for proposing design and budget estimates; other documents (if any) as prescribed by laws on public investment.

In cases where the request for review of investment projects is made more than six months from the date the investment proposal was approved and/or the documents serving as the basis for determining the preliminary total investment amount have become invalid, the investor must prepare the budget unit price to determine the total investment amount according to point a of this clause.

The basic design file of information technology application projects shall be implemented in accordance with the provisions of Decree No. 73/2019/ND-CP as amended and supplemented;

c) The application file for reviewing detailed design and budget estimate of projects includes: the document requesting review; decision approving investment; detailed design and budget estimate files of projects; documents serving as the basis for proposing detailed design (including field survey results) and budget estimate to determine the total budget estimate; other documents (if any) as prescribed by laws on public investment.

In cases where the request for review of project budget estimates is made more than six months from the date the investment proposal was approved and/or the documents serving as the basis for determining the preliminary total investment amount have become invalid, the investor must prepare the budget unit price according to point a of this clause.

The detailed design file of information technology application projects shall be implemented in accordance with the provisions of Decree No. 73/2019/ND-CP as amended and supplemented;

d) The application file for reviewing detailed procurement budget estimates includes: the document requesting review; detailed procurement budget estimates and documents serving as the basis for proposing budget unit prices according to point a of this clause;

đ) The application file for reviewing the overall plan for selecting contractors includes: the document requesting review; the document with the approval of the authorized person regarding the proposal to establish the overall plan for selecting contractors; draft decision approving the overall plan for selecting contractors; draft proposal requesting approval of the overall plan for selecting contractors, detailed explanatory documents and documents serving as the basis for establishing the overall plan for selecting contractors as stipulated in Clause 2, Article 14 of Decree No. 24/2024/ND-CP and relevant regulations on establishing the overall plan for selecting contractors; e) The application file for reviewing the plan for selecting contractors includes: the document requesting review, draft decision approving the plan for selecting contractors, draft proposal requesting approval of the plan for selecting contractors, documents serving as the basis for establishing the plan for selecting contractors.

In cases where the plan for selecting contractors is established more than six months from the date the investment proposal or detailed procurement budget estimate was approved and/or the documents serving as the basis for determining the preliminary total investment amount, detailed procurement budget unit prices have become invalid, the investor must collect documents to build tender package prices according to Article 16 of Decree No. 24/2024/ND-CP, Clause 32, Article 2 of Decree No. 17/2025/ND-CP and attach supporting documents.

g) The number of application files for review is two sets. In cases where the review is conducted in the form of a Council or it is necessary to seek opinions from related agencies, the Department of Planning and Finance shall require the purchasing unit to supplement the appropriate number of files to serve the review work.

a) Reviewing the investment proposal includes: checking the appropriateness and completeness of the content of the Preliminary Feasibility Study Report and the Investment Proposal Report; compliance with equipment standards and norms, actual usage requirements (in cases where there are no equipment standards and norms); compliance with the design scheme as stipulated in Clause 3, Article 9 of this Circular; other contents as prescribed by laws on public investment;

3. Contents of the review:

a) Evaluation of investment proposals includes: checking the appropriateness and completeness of the content of the Preliminary Feasibility Study Report and the Investment Proposal Recommendation Report; compliance with standards and equipment quotas, actual usage needs (in cases where such standards and quotas have not been established); compliance with design solutions as stipulated in Clause 3, Article 9 of this Circular; other contents as prescribed by laws on public investment.

b) Reviewing the investment project includes: checking the suitability and completeness of the contents of the Feasibility Study Report; other contents as prescribed by laws on public investment; and other contents as prescribed in Decree No. 73/2019/NĐ-CP, which has been amended and supplemented for information technology application projects.

c) Reviewing the design and budget estimate of the project includes: checking compliance with Article 11 and Article 12 of this Circular; other contents as prescribed by laws on public investment; and other contents as prescribed in Decree No. 73/2019/NĐ-CP, which has been amended and supplemented for information technology application projects.

d) Reviewing the detailed procurement budget estimate: checking the completeness, suitability, and feasibility of the contents proposed in the detailed procurement budget estimate according to Article 13 of this Circular.

đ) Reviewing the overall plan for selecting contractors: checking the legal basis for establishing the overall plan for selecting contractors, the completeness, suitability, and feasibility of the draft overall plan for selecting contractors.

e) Reviewing the plan for selecting contractors: checking the legal basis for establishing the plan for selecting contractors, the completeness, suitability, and feasibility of the draft plan for selecting contractors.

4. The review period starts from the date the leading reviewing agency receives complete and valid files, excluding the time for research and explanation by the requesting agency.

a) The review of investment orientation, investment projects, and design and budget estimates of investment projects shall be carried out in accordance with the laws on public investment;

b) Reviewing the detailed procurement budget estimate: not exceeding 30 days.

c) Reviewing the overall plan for selecting contractors and the plan for selecting contractors: not exceeding 20 days.

Article 20. Reviewing Contents Decided by the Head of the Procurement Unit

1. Review responsibility: the head of the procurement unit assigns a specialized agency under its jurisdiction or establishes a review board (review team) to organize reviews before approval. For information technology application projects, the organization of basic design and detailed design reviews shall be carried out in accordance with the provisions of Decree No. 73/2019/NĐ-CP, which has been amended and supplemented.

2. The application for review shall be implemented in accordance with the provisions of points b, c, d, đ, and e of Clause 2, Article 19 of this Circular. The review file for tender invitation documents and request documents shall be implemented in accordance with the provisions of Clause 1, Article 129 of Decree No. 24/2024/NĐ-CP; the review file for the results of contractor selection shall be implemented in accordance with the provisions of point a of Clause 4, Article 130 of Decree No. 24/2024/NĐ-CP.

3. The contents of reviewing the investment project, detailed design, and budget estimate of the investment project, detailed procurement budget estimate, overall plan for selecting contractors, and plan for selecting contractors shall be implemented in accordance with the provisions of Clause 3, Article 19 of this Circular. The contents of reviewing tender invitation documents and request documents shall be implemented in accordance with the provisions of Clause 2, Article 129 of Decree No. 24/2024/NĐ-CP; the contents of reviewing the results of contractor selection shall be implemented in accordance with the provisions of point b of Clause 4, Article 130 of Decree No. 24/2024/NĐ-CP.

4. The review period for the contents under Clause 3 of this Article shall be implemented in accordance with Clause 4, Article 19 of this Circular. The review period for tender invitation documents, request documents, and the results of contractor selection: not exceeding 20 days.

Article 21. Approval Procedures in Investment and Procurement

1. For the policy decision on national key projects and group A projects within the Prime Minister's decision-making authority: based on the internal review results of the Ministry of Public Security, the unit assigned to prepare the Preliminary Feasibility Study Report shall perfect the file and submit it to the Minister of Public Security for signature and submission to the competent authority for decision.

2. Approval process for the contents decided by the Minister of Public Security;

a) For the policy decision: based on the review results, the unit assigned to prepare the Preliminary Feasibility Study Report and the Investment Policy Proposal Report shall perfect the file and submit it to the Financial Planning Department for consolidation and seek opinions from the Deputy Minister in charge of planning and finance before submitting to the Minister or the Deputy Minister designated by the Minister for decision. In cases where opinions from the Central Party Committee of the Public Security Bureau must be sought, the Financial Planning Department shall report and consolidate for submission to the Minister or the Deputy Minister designated by the Minister for decision.

b) For investment projects; detailed procurement budget estimates; overall plans for selecting contractors or plans for selecting contractors; detailed designs and budget estimates of projects: based on the review results, the procurement unit shall perfect the file and submit it to the Minister or the Deputy Minister in charge of the procurement unit for decision.

During the file completion process, if there are contents that are inconsistent with the review results, the purchasing unit exchanges with the Department of Planning and Finance to reach consensus before submitting for approval according to regulations;

3. Approving the contents decided by the head of the procurement unit: the units or organizations assigned by the head of the procurement unit to conduct reviews shall proceed with reviews for approval in accordance with regulations.

Section 4

SELECTION OF CONTRACTORS; DISTRIBUTION, MONITORING OF ACQUIRED ASSETS, GOODS, AND SERVICES

Article 22. Selection of contractors; review and approval of contractor selection results

1. Time for organizing contractor selection:

a) The time for approving the overall plan for selecting contractors, the plan for selecting contractors, tender documents, request documents, list of contractors meeting technical requirements, and the results of selecting contractors shall not exceed five working days from the date of receiving all documents for approval (after review).

b) The preparation time for tender documents shall be in accordance with points b, c, and d of Clause 1, Article 45 of the Bidding Law; the preparation time for proposal documents shall be within three to ten working days, depending on the scale and nature of the bidding package and to ensure the project implementation schedule.

c) The maximum evaluation time for proposal documents is thirty days (for domestic bidding) and forty days (for international bidding); the maximum evaluation time for tender documents is forty-five days (for domestic bidding) and sixty days (for international bidding) from the closing date of the bid to the date when the tenderer or the specialized team submits the results of the contractor selection for approval by the investor. In cases where it is necessary to extend the tender document evaluation period, which extends the contractor selection organization time, the investor must report to the person who approves the contractor selection plan for consideration and decision; for bidding packages that apply direct award, the investor must report to the person who approves the contractor selection plan for consideration and decision regarding the extension of the proposal document evaluation period to match the actual implementation time of the bidding package and must ensure that it does not exceed the total time for direct award specified in Clause 5, Article 23 of the Bidding Law.

2. To organize the selection of contractors, the investor decides to establish a specialized team, or designate a subordinate unit, entrust the subordinate payment unit, or select a bidding consulting unit in cases where personnel do not meet the requirements to perform certain procurement tasks; designate one subordinate unit with capability and experience, or establish a Review Team or a Contractor Selection Consulting Team in cases where personnel do not meet the requirements to review matters within their authority to decide.

3. For bidding packages for purchasing goods and services with prices set by the State as stipulated in Appendix 2 issued together with the Price Law No. 16/2023/QH15, the procurement unit may independently decide on the selection of contractors based on ensuring transparency, economic efficiency, and accountability before competent authorities.

4. Tender documents containing contents or conditions that restrict the participation of contractors or create advantages for one or several contractors, causing unfair competition, will be considered invalid and not serve as grounds for evaluating tender documents; the determination of such contents and conditions shall be carried out in accordance with the provisions of the Bidding Law.

Tender documents may specify origin by group of countries or regions; if the origin does not include Vietnam, goods of Vietnamese origin will still be considered, evaluated, and entitled to preferential treatment. For bidding packages for purchasing goods organized domestically with at least three manufacturers of Vietnamese origin products meeting technical, quality, and price requirements, the investor decides to require contractors to quote Vietnamese origin goods.

5. When submitting a shortlist of invited participants for restricted bidding or a list of proposed contractors for invitation to submit request documents for direct award for approval, the agency must clearly explain the basis for the proposal for the investor to consider and decide.

6. For bidding packages approved by the Ministry of Public Security's plan for selecting contractors, when requested by the leadership of the Ministry, the investor must report for comments before approving the results of the contractor selection according to their authority.

7. The decision approving the results of the contractor selection shall specify: the catalog, type, quantity, brand, model number, year of production, configuration, technical specifications, origin of the winning goods, unit price of the winning bid, total value of the winning bid, types of taxes and fees (if any), name and address of the winning contractor. For bidding packages approved by the Ministry of Public Security's plan for selecting contractors, after the decision approving the results of the contractor selection, the procurement unit shall send one copy to the Department of Planning and Finance for management and monitoring.

Article 23. Signing the Contract

1. Contract signing and contract amendment must comply with the provisions of Articles 64 to 70 of the Bidding Law, Articles 105 to 112 of Decree No. 24/2024/NĐ-CP, and related laws.

2. The performance period of the contract is calculated from the date the contract becomes effective until the parties complete their contractual obligations. The contract must clearly specify the implementation period of the bidding package, the contract performance period, and the completion deadline of the contractual obligations.

3. The validity of the contract is calculated from the date the contract becomes effective until the date the parties terminate the contract according to the law; contract termination shall be carried out in accordance with Article 113 of Decree No. 24/2024/NĐ-CP.

4. During the contract execution process, the contract may be reviewed and amended in accordance with Article 70 of the Bidding Law, Article 106 of Decree No. 24/2024/NĐ-CP, and the following provisions:

a) Amendments to progress, volume, and price terms only apply during the procurement package implementation period specified in the contract, except in cases of optional additional purchases.

b) The parties involved in the contract evaluate the proposed amendment plan and agree to sign an amendment annex. If the contract amendment involves technical specifications of goods, the amendment plan must be at least equivalent to the technical specifications of the goods in the signed contract;

c) In cases where the contract amendment originates from the contractor's request, the investor must verify and clarify the reasons to develop appropriate solutions;

d) When amending the contract changes the contract performance period or exceeds the approved budget (including contingency) for investment and procurement, the investor must report to the authorized person for permission before implementing the amendment.

Article 24. Acceptance, Distribution, and Monitoring of Assets, Goods, and Services

1. The purchasing unit shall be responsible for the objectivity, transparency, honesty, and accuracy and completeness of the acceptance results; it shall only organize acceptance after the contractor has completed and fully handed over the contract as follows:

a) Goods and services within the scope of supply of the tender package (including the establishment, installation of equipment systems, technology transfer, training, guidance on use, operation of machinery and equipment, and other agreed contents);

b) Documents and papers proving the legality of goods and services according to the contract provisions.

2. Acceptance of goods and services that do not require construction, installation, system establishment as stipulated in the contract:

a) Check the quantity and content of the documents and papers proving the legality of the goods;

b) Check the quantity, condition, information, technical specifications of the goods (based on actual goods and accompanying documents);

c) Inspect the entire batch or a sample to confirm that the goods operate normally;

d) Confirm the contents implemented according to the contract provisions and the contents required to be implemented outside the contract provisions (if any);

đ) Prepare the acceptance record, with signatures confirming from all parties involved in the acceptance.

3. Acceptance of goods which are complex technical equipment systems requiring installation and establishment into a system:

a) Acceptance of goods before installation and establishment into a system according to the provisions at points a, b, d, đ clause 2 of this Article;

b) Check the overall operation of the technical equipment system after installation and establishment into a system;

c) Test-run the system for the time specified in the contract to evaluate its performance ensuring normal operation;

d) Prepare the overall acceptance record, with signatures confirming from all parties involved in the acceptance.

4. Issuance, monitoring of purchased assets and goods:

a) After assets and goods have been handed over and accepted according to the contract, based on the decision on equipping by the competent authority, the purchasing unit shall distribute and report the physical debt to the managing and using units in accordance with the laws on management and use of state assets and other relevant regulations at the original cost of fixed assets or the value of goods at provisional prices (contract settlement price or price according to the supplier's invoice);

b) Based on the notice of physical debt, the managing and using units shall be responsible for accounting for the assets and goods equipped according to the current accounting system;

c) When the investment project budget and procurement budget are approved for settlement, the purchasing unit shall allocate common costs and other costs of the investment project and procurement budget to the value of assets and goods formed through investment and procurement according to the regulations and notify the managing and using units to adjust the original cost of fixed assets or the value of goods already recorded in the unit's accounting books.

Section 5

CONTROL, DISTRIBUTION, PAYMENT, AND SETTLEMENT OF PROCUREMENT FUNDS AND EXPENSES

Article 25. Distribution and Payment of Procurement Funds and Expenses

1. Management, distribution, and payment shall be carried out in accordance with the laws applicable to each source of funds and expenses and the provisions of this Circular.

2. Distribution and payment of procurement funds and expenses shall be carried out in the form of withdrawing the budget estimate at the State Treasury or payment order, specifically as follows:

a) In cases where the withdrawal of the budget estimate at the State Treasury is assigned, based on the allocated capital and expense indicators, the purchasing unit shall be responsible for the contents of withdrawing the budget estimate and ensuring payment in accordance with the regulations of the State Treasury.

In cases where the allocation is made within the budget estimate account of the Ministry of Public Security, the Finance Department allocates capital and expenses to the purchasing unit for payment according to the progress of implementation. For payments made in the form of withdrawing the budget estimate at the State Treasury, the Project Owner sends the State Treasury a request for payment of capital.

After the State Treasury approves the payment, the Project Owner collects the documents and submits one copy to the Finance Department before the 10th day of each month for monitoring and compiling reports on disbursement progress.

b) For the form of payment order, the Finance Department requests the competent authority to allocate funds and expenses to the deposit account of the Ministry of Public Security to provide the purchasing unit for payment to the contractor.

Article 26. Review and Control of Distribution and Payment of Procurement Funds and Expenses

1. The Finance Department shall review the distribution and payment documents of procurement funds and expenses in the following cases:

a) For entrusted import contracts and import goods purchase contracts implemented in foreign currency, after reviewing the documents, the Finance Department proposes the competent authority of the Ministry of Finance to transfer money to the account of the Ministry of Public Security to provide the Project Owner for payment to the contractor or directly to the contractor according to the proposal of the Finance Department;

b) For procurement contracts in Vietnamese dong allocated in the Ministry of Public Security, the Finance Department reviews the documents and provides money according to the progress for the Project Owner to pay to the contractor.

2. The purchasing unit shall send the Finance Department the original or certified copies of the following documents and only once until the completion of investment and procurement (except in cases of adjustment or supplementation):

a) Decision approving the investment project, design, and budget of the investment project; decision approving the detailed procurement budget;

b) Decision approving the overall plan for selecting contractors (if any), selection plan for contractors.

3. For each request for distribution and payment of procurement funds and expenses, the review documents include:

a) The purchasing unit's document requesting distribution and payment of investment funds and procurement expenses;

b) Decision approving the tender selection result;

c) Supply contract, contract amendment document (if any) accompanied by performance guarantee. For entrusted import contracts or import goods purchase contracts, submit the import contract signed by the contractor with the foreign partner along with a Vietnamese translation certified by notarization;

d) Guarantee letter for advance payment, performance guarantee, confirmation of the escrow account in accordance with the regulations;

đ) Other related documents and materials concerning the contract (if any).

4. Based on the progress of implementation and the request of the purchasing unit, the Finance Department transfers funds and expenses to the account of the purchasing unit. The head of the purchasing unit shall control expenditures, check, and monitor the distribution and payment documents in accordance with the regulations and be responsible for the legality and validity of the payment documents and vouchers.

5. Within three working days from the date of receiving all documents, the Finance Department shall inspect and control the distribution and payment documents; if any expenditure is found to be inconsistent with the procurement regulations for assets and goods in the People's Police or may lead to waste, it shall temporarily withhold distribution and payment and issue a notification to the head of the purchasing unit to re-examine. If necessary, the Finance Department shall report to the leadership of the Ministry of Public Security for instructions.

6. For the method of distribution through the State Treasury (budget allocation):

a) The Project Owner shall be responsible for contacting the State Treasury to open an account to carry out transactions during the implementation of the project. When there is a request for advance payment or payment to the contractor implementing the contract, the Project Owner shall prepare the documents according to the regulations and submit them to the State Treasury for advance payment and payment;

b) The annual capital plan allocated to the project (including supplements if any) can only be paid up to the value of the work completed by December 31. By this time, the purchasing unit must prepare and submit the payment documents to the State Treasury for payment.

c) The payment deadline is until the end of January of the following year; beyond this deadline, the remaining capital plan of the project will be recovered, except for certain cases where the implementation time can be extended according to the provisions of the law.

7. During the implementation process, the head of the procurement unit calculates the disbursement capacity; if the assigned capital index is not fully utilized, they must promptly report to the Ministry of Public Security (through the Planning and Finance Department) to adjust the capital for other projects according to the regulations.

Article 27. Settlement of Capital and Procurement Expenses

1. The procurement unit implements regular reporting systems and annual budget settlement reports; annually settles state budget investment capital from state budget sources and completes project completion investment capital settlements according to the law's provisions.

2. The Planning and Finance Department takes the lead in reviewing project completion investment capital settlements and annual settlements; submits to the competent authority for approval or approval according to the分级授权。

3. For project sponsors who violate the deadline for submitting project completion investment settlement reports as stipulated or fail to fully implement the provisions in the decision approving the project completion settlement, the Planning and Finance Department compiles a report for the Minister to consider and handle. investment capital for completed projects as stipulated or have not fully implemented the provisions in the decision approving the project completion settlement, the Planning and Finance Department compiles a report for the Minister to consider and handle.

Chapter 6

CONCENTRATED PROCUREMENT; PURCHASE OF MEDICINES, CHEMICALS, MATERIALS, AND HEALTH EQUIPMENT

Article 28. Concentrated Procurement

Based on actual needs, the Ministry of Public Security issues a list of concentrated procurements and organizes its implementation according to the provisions of this Circular and relevant laws.

Article 29. Establishment of Usage Requirements and Organization of Medicines, Chemicals, Materials, and Health Equipment Procurement

1. Based on the usage requirements for medicines, chemicals, materials, and health equipment, hospitals and units with subordinate healthcare facilities proactively establish their unit's usage requirements for medicines, chemicals, materials, and health equipment, including: medicines listed in the centralized bidding and price negotiation directory; medicines, chemicals, materials, and health equipment procured independently by the unit. The establishment of requirements, deadlines, and addresses for submitting registration forms for medicines in the centralized bidding and price negotiation directory are carried out according to the provisions of the law.

The purchase of medicines, chemicals, materials, and health equipment for agency healthcare, detention facility healthcare, and drug rehabilitation facility healthcare must ensure primary emergency care and initial treatment for common injuries, illnesses, chronic diseases, consistent with the scale of illness, level, expertise, and technical services approved by the competent authority to implement.

2. The procurement unit is responsible for organizing timely purchases of medicines outside the centralized bidding and price negotiation directory, except for certain cases as specified by the Ministry of Health and announced in writing by the centralized procurement and price negotiation unit.

For purchasing medicines and health equipment for retail sale at pharmacies within the premises of the unit, and purchasing vaccines for vaccination services, the unit may independently decide on procurement based on ensuring transparency, economic efficiency, and accountability.

3. The preparation, review, and approval of detailed procurement budgets for medicines, chemicals, materials, and health equipment and the selection of contractors are carried out according to the provisions of Articles 8, 13, 15, 17, 19, and 20 of this Circular and other relevant regulations.

For the procurement of consumable medical supplies for hospitals under the Ministry of Public Security, in necessary cases, the hospital director seeks the opinion of the Health Bureau before approving the detailed procurement budget according to the authorization of the Minister stipulated in Point 4 of Clause 8 of this Circular; the Health Bureau has the responsibility to provide written opinions within ten days from the date of receipt of complete files for consultation.

4. The organization of contractor selection; signing, managing, and monitoring contract execution; and contract settlement and finalization are carried out according to the provisions of the law on bidding and other relevant regulations.

In cases where medicines listed in the centralized procurement plan approved by the competent authority have not yet resulted in a contractor selection outcome or no winning bidder was selected, or when the framework agreement of the centralized procurement tender package expires; based on the notification of the centralized procurement task unit, the procurement unit may proactively organize procurement according to the provisions of the law on bidding to meet usage needs for up to twelve months and be reimbursed by the health insurance fund according to the contract price.

Section 7

SUPPLY AND UPLOADING OF INFORMATION ON BIDDING AND ONLINE BIDDING

Article 30. Provision and Publication of Tender Information

1. Units and local police forces when drafting project investment documents, procurement budgets, and tender packages must base on the provisions of laws on state secrets protection to determine state secrets and their levels of confidentiality, thereby formulating management and protection plans for state secrets according to regulations.

2. Procurement units are responsible for providing and publishing tender information on the National Tender Network System in accordance with Article 8 of the Law on Public Procurement, Articles 18 and 20 of Decree No. 24/2024/NĐ-CP.

Article 31. Online Tendering

1. Procurement units must organize the selection of contractors through the National Tender Network System for tenders applying open tendering, selective tendering, and competitive bidding methods in accordance with the procedures stipulated in Article 50 of the Law on Public Procurement and Article 97 of Decree No. 24/2024/NĐ-CP.

2. For investment projects, costs for publishing tender information and online contractor selection shall be included in project management fees and consulting fees; for procurement budgets, procurement units shall determine publication costs when preparing detailed procurement budgets.

Section 8

MONITORING, EVALUATING INVESTMENTS; INSPECTING AND MONITORING PUBLIC PROCUREMENT ACTIVITIES AND RESPONSIBILITIES OF THE INVOLVED PARTIES

Article 32. Monitoring and Evaluating Investments; Inspecting and Monitoring Public Procurement Activities

1. The unit responsible for monitoring and evaluating investments shall carry out such activities in accordance with the regulations on monitoring and evaluating investments within the People's Public Security.

2. The Department of Planning and Finance shall take the lead in organizing annual inspections of investment and procurement activities within the People's Public Security, or at the request of the Minister of Public Security; it shall also take the lead in supervising and tracking public procurement activities according to its functions and the requirements of the Minister of Public Security for large-value, special, technically demanding tenders, sole-source tenders, and tenders with many objections and recommendations. The head of the procurement unit shall organize inspections and supervision of tender implementation for tenders within their approval authority if deemed necessary.

3. Inspection of public procurement activities shall be conducted either directly or through written reports in accordance with Articles 121 and 122 of Decree No. 24/2024/NĐ-CP and other relevant laws.

4. Supervision of public procurement activities shall be carried out in accordance with the contents specified in Point d Clause 3 Article 86 of the Law on Public Procurement. Procedures, formalities, and responsibilities of individuals and units conducting supervision shall be implemented in accordance with Articles 123 and 124 of Decree No. 24/2024/NĐ-CP.

Article 33. Responsibilities of Relevant Agencies, Organizations, and Individuals

1. The tasks, powers, and responsibilities of agencies, organizations, and individuals in public investment activities (proposing, examining, deciding on investment policies; preparing, examining, and deciding on investment projects; managing and implementing investment projects) shall be implemented in accordance with Chapter VI of the Law on Public Investment.

2. The responsibilities of individuals and organizations in public procurement activities (authorized persons, investors, tender invitees, expert groups, examination organizations) shall be implemented in accordance with Chapter VIII of the Law on Public Procurement.

3. For investment projects and procurement budgets for goods listed in the special assets and dedicated assets catalogues approved by the Minister of Public Security under Points a Clause 2, Point a Clause 3 Article 7, Clauses 2, 3, and 6 Article 8 of this Circular, procurement units shall submit one copy to the Department of Planning and Finance within ten days from the date of issuance of the investment decision or procurement budget approval decision for consolidation and tracking.

4. Units invited to provide opinions shall respond in writing within the requested timeframe and bear responsibility for the content of their participation according to their functions.

Chapter III
IMPLEMENTATION

Article 34. Effective Date

1. This Circular takes effect from June 21, 2025.

2. Circular No. 45/2021/TT-BCA dated April 29, 2021, of the Minister of Public Security on the authority, procedures, and implementation of investment and procurement of assets and goods in the People's Public Security (hereinafter referred to as Circular No. 45/2021/TT-BCA) shall cease to be effective from the date this Circular takes effect.

3. Decision No. 305/QĐ-BCA-H06 dated January 15, 2020, of the Minister of Public Security on delegating authority to decide on drug procurement in the People's Public Security shall cease to be effective from the date this Circular takes effect.

4. Decision No. 2171/QĐ-BCA dated March 27, 2020, of the Minister of Public Security on promulgating regulations on drug procurement in the People's Public Security shall cease to be effective from the date this Circular takes effect.

5. During implementation, if the regulatory documents cited for application in this Circular are amended, supplemented, or replaced, the cited contents shall be applied according to the new effective documents.

Article 35. Transitional Provisions

1. Investment projects and detailed procurement budgets that have been approved by competent authorities for investment policies, investment projects, overall contractor selection plans (if any), detailed designs, budgets, detailed procurement budgets, and contractor selection plans before the date this Circular takes effect shall continue to be implemented in accordance with Circular No. 45/2021/TT-BCA, provided they comply with current laws on public investment, public procurement, state budget, asset management and utilization, and related laws. In cases where adjustments to already approved contents are necessary, the proposed adjustment contents shall be implemented in accordance with this Circular.

2. For tenders within the approval authority of the Minister of Public Security that have not been approved for contractor selection results by the date this Circular takes effect, the investor shall report to seek leadership opinions in accordance with Clause 6 Article 22 of this Circular.

Article 36. Responsibility for Implementation

1. The Department of Planning and Finance shall take the lead, in coordination with the Department of Legal Affairs and Administrative Reform, Justice, and relevant units, in overseeing and inspecting the implementation of this Circular.

2. The Health Department shall provide detailed guidance on ensuring medicines, chemicals, medical supplies, and medical equipment for healthcare facilities in the People's Public Security.

3. Heads of units and local public security organs and related organizations and individuals are responsible for implementing this Circular.

4. During implementation, if there are difficulties or obstacles, the police units and localities shall report to the Ministry of Public Security (through the Financial Planning Department) for timely guidance./.