Decision No. 414/TC-TCĐN issues Supplementary and Amended Regulations on Bidding for Goods and Services for Export to Repay Foreign Debts applicable to enterprises in implementing export contracts to repay debts. These regulations aim to improve the mechanism of repaying debts through exports of goods and services and adjust certain provisions regarding lead units, participants in bidding, bidding principles, registration for bidding, evaluation criteria, bid security deposit methods, and force majeure cases.
适用范围
State-owned enterprises with direct export licenses, designated lead units, and enterprises participating in bidding.
要点
- The lead unit signs a contract with foreign partners and notifies the Ministry of Trade for approval of the Contract and the Ministry of Finance for bidding implementation. The maximum commission for entrusted export is 1% of the winning bid turnover.
- Participation in bidding does not require a direct export license, only a business registration permit for the relevant goods in accordance with the signed export contract is required.
- Based on specific conditions of each bidding round, the Bidding Committee decides to divide the bidding quota into one or more lots. Enterprises are allowed to register for one or more lots in each bidding round.
- The maximum bidding fee is not more than five million dong per bid, reduced from the previous maximum of ten million dong.
- The enterprise winning each lot is the enterprise registering the lowest exchange rate for that lot. In case the winning enterprise refuses to implement, the Bidding Committee will assign the next enterprise with the next lowest bid exchange rate to implement.
🌐 本文件的社会影响
- Creating opportunities for enterprises to participate in bidding without requiring a direct export license, helping diversify participants.
- Reducing the bidding fee from ten million dong to five million dong, reducing the burden on enterprises.
- Adjusting the exchange rate and bid security deposit method regulations to create more favorable conditions for enterprises to fulfill export contracts to repay debts.
❓ 常见问题
Do enterprises participating in bidding need to have a direct export license?
No, only a business registration permit for the relevant goods in accordance with the signed contract is required.
What is the level of the bidding fee?
The maximum bidding fee is not more than five million dong per bid, reduced from the previous maximum of ten million dong.
Can enterprises register for how many lots in each bidding round?
Enterprises are allowed to register for one or more lots in each bidding round.
If the winning enterprise refuses to implement, what regulations apply?
The Bidding Committee will assign the next enterprise with the next lowest bid exchange rate to implement if it accepts the winning exchange rate. If no enterprise accepts, the Bidding Committee will organize another bidding round for the refused lot.
Are there any regulations concerning force majeure?
In cases of force majeure, enterprises may request an increase in the payment exchange rate compared to the winning exchange rate or propose solutions to difficulties. The Bidding Committee must submit to the Minister of Finance for decision on handling measures.
全文
Pursuant to …;
Issuing Supplementary and Amended Regulations on Tendering for Export Goods and Services to Repay Foreign Debts
___________________________
THE MINISTER OF FINANCE
Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
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;
Pursuant to Decree No. 40/CP dated July 3, 1995 of the Government on repaying foreign debts with goods and services that generate foreign currency;
At the proposal of the Director of the Department of Foreign Finance, the General Director of the State Capital and Asset Management总局副局长的提议；
DECISION:
Article 1: Attached to this Decision are the Supplementary and Amended Regulations on Tendering applicable to export goods and services to repay foreign debts according to Decree No. 40/CP dated July 3, 1995 of the Government.
Article 2: This Decision takes effect from the date of signing. The provisions in the Tendering Regulations for export goods and services to repay foreign debts issued together with Decision No. 299 TC/TCĐN dated March 23, 1996 of the Ministry of Finance, which are not contrary to this Decision, shall remain in force. Members of the Tendering Council and relevant Departments of the Ministry of Finance shall be responsible for implementing this Decision.
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MINISTER (Signed) Nguyen Sinh Hung |
REGULATIONS
SUPPLEMENT AND AMEND TENDERING REGULATIONS FOR EXPORT GOODS AND SERVICES TO REPAY FOREIGN DEBTS
(Issued together with Decision No. 414 TC/TCĐN of the Minister of Finance)
In order to perfect the mechanism of repaying debts through exports of goods and services, the Ministry of Finance hereby supplements some points in the Tendering Regulations for export goods and services to repay foreign debts issued together with Decision No. 299 TC/TCĐN of the Minister of Finance dated March 23, 1996 as follows:
1. The main unit signing export contracts with foreign partners
For certain traditional markets, to ensure Vietnam's reputation in fulfilling export obligations to repay debts, the Ministry of Trade will coordinate with relevant ministries to designate enterprises as the main units to sign export contracts to repay debts with foreign partners.
Based on the annual debt repayment plan for each country and the product structure agreed upon by both governments, the Ministry of Trade, in coordination with the Ministry of Finance and the Ministry of Planning and Investment, will designate reputable domestic and international enterprises with experience in signing export contracts to repay debts with foreign partners. Designated units have the right to refuse the main unit assignment in writing to the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Finance within 30 days from the date of receipt of the main unit designation letter from the Ministry of Trade (calculated based on the postmark date or the date the unit directly signs for the letter) and no later than the end of the third quarter of the year.
The main terms of the export contract for goods to repay debts must comply strictly with the basic terms of a regular export contract, especially the delivery conditions must align with the internationally recognized delivery basis.
Immediately after signing the Contract with the foreign partner and no later than one month before the expiration date of the delivery deadline specified in the Contract, the main unit is responsible for notifying the Ministry of Trade for approval of the Contract and the Ministry of Finance for tendering implementation.
Main units are responsible for promptly providing all related information about the execution of the foreign contract to entrusted export units, organizing the delivery and acceptance of goods in accordance with the Contract, working with foreign partners to claim compensation for damages caused by their fault (late arrival of ships, delayed opening of letters of credit, etc.), and being liable to compensate the winning units for damages resulting from the foreign contract if there are complaints.
In addition to executing 20% of the contract value if they do not win the bid, the main unit also enjoys the commission for entrusted exports. The level of the commission is agreed between the main enterprise and the winning enterprise based on the prevailing market rate for entrusted export activities of the corresponding product (maximum 1% of the winning bid amount) and is recorded in the Entrusted Export Contract provided by the winning units.
2. Supplement Article 1: Objectives and Conditions for Participation in Tenders
In cases where the State calls for bids to implement export contracts signed between the main unit of Vietnam and the foreign partner, it does not require participants to have a direct export license but only requires them to be state-owned enterprises with registration for business in the relevant products.
Enterprises participating in tenders must commit to having sufficient financial capacity to fulfill the contract if they win the bid. After winning the bid, the enterprise may use the Purchase Order signed with the Ministry of Finance as a basis for capital mobilization (if accepted by the lender).
The winning enterprise is responsible for signing an Entrusted Delivery Contract with the main unit to execute the delivery according to the export contract signed with the foreign country.
3. Supplement Article 2: Principles of Tendering
Based on the specific conditions of each tender round, the Tendering Council will decide to divide the tender volume of each round into one or more lots.
Enterprises participating in tenders are allowed to register for one or more lots in each tender round and according to the exchange rate for each corresponding lot.
4. Amend Article 5: Registration for Tendering
Enterprises participating in tenders submit a tender registration fee (by check or cash) equal to 0.1% of the registered tender value, but not exceeding five million dong per tender application instead of the maximum ten million dong per tender application stipulated in the Tendering Regulations dated March 23, 1996.
5. Supplement Article 6: Tender Evaluation Criteria
In cases where there are multiple lots in one tender round, the Tendering Council will evaluate the winning enterprise for each lot separately. The winning enterprise of each lot is the enterprise registering the lowest exchange rate for that lot.
In the case where there are multiple lots in one bidding round, the Bidding Council shall examine the successful bidder for each lot separately. The successful bidder of each lot is the enterprise that has registered the lowest bid price for that lot.
In case a business that wins the bid subsequently refuses to participate in the delivery according to the bid result, it must immediately notify the Bid Committee in writing within three days from the date of opening the bids. The Bid Committee will then inform and transfer the lot to the next bidder with the accepted bid price, provided that the business accepts the winning bid price. If there are two or more bidders with the next bid price who all agree to implement, the amount refused will be evenly distributed among each unit for implementation. If no unit accepts, the Bid Committee will organize another bidding session for the rejected lot.
As for businesses that have refused the bid results, they are not allowed to participate in subsequent bidding rounds.
6. Amend Article 7: Guarantee Method
Method 1: By Bank Guarantee. The enterprise must deposit money into an account opened at a bank and must have a confirmation from the bank specifying the amount and purpose of the deposit, which is to place an order. When the enterprise completes the order, this guarantee letter will become invalid.
Method 2: The winning bidder goes to the State Treasury where the enterprise has its headquarters to open an account and pay the guarantee deposit, then the enterprise takes a confirmation from the State Treasury regarding the completion of the guarantee deposit and sends it to the Ministry of Finance (Department of Foreign Financial Affairs) to sign the Order.
The Sample Letter of Guarantee is attached to this Regulation.
The enterprise must comply with the regulations on guarantee accounts issued by the bank or State Treasury where the enterprise has deposited the guarantee.
7. Force Majeure:
During the process of exporting goods to repay debts to other countries, force majeure situations may occur such as natural disasters; sudden changes in the world market or domestic market prices of export repayment goods exceeding the total cost of the export shipment; customers refusing to accept the goods or delaying acceptance beyond reasonable time limits... In these cases, if the main enterprise or the winning bidder submits a written request to the Ministry of Finance and relevant departments to increase the payment exchange rate compared to the winning bid rate, or propose measures to resolve difficulties for the winning bidder, the Bid Committee must provide opinions to the Minister of Finance for decision-making measures aimed at reducing difficulties for enterprises while maintaining good cooperative relationships between our country and other countries. In cases of significant issues arising (payment exchange rate exceeding 100% of the announced bank rate), which exceed the authority of the Ministry of Finance, the Minister of Finance must report to the Prime Minister for decision-making, in accordance with Clause 3 of Point 12 of Decree No. 40/CP dated July 3, 1995 of the Government.
Other provisions of the Auction Regulations issued on March 23, 1996, which do not conflict with this Regulation, remain valid.
During the implementation process, if there are any difficulties, relevant ministries, sectors, localities, and related units need to promptly reflect them to the Ministry of Finance for review and adjustment to ensure compatibility.
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