Circular No. 58/2016/TT-BTC detailing the use of state capital for procurement to maintain the regular operation of state agencies, units under the people's armed forces, public service organizations, political organizations, socio-political organizations, occupational socio-political organizations, social organizations, and occupational social organizations.

CIRCULAR

DETAILING THE USE OF STATE CAPITAL FOR PURCHASES AND PROCUREMENT TO MAINTAIN REGULAR OPERATIONS OF GOVERNMENT AGENCIES, UNITS UNDER THE PEOPLE'S ARMED FORCES, PUBLIC SERVICE ORGANIZATIONS, POLITICAL ORGANIZATIONS, POLITICAL-SOCIAL ORGANIZATIONS, POLITICAL-SOCIAL-PROFESSIONAL ORGANIZATIONS, SOCIAL ORGANIZATIONS, AND SOCIAL-PROFESSIONAL ORGANIZATIONS.

Pursuant to the State Budget Law number 01/2002/QH11 dated December 16, 2002;

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

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

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Administrative and Public Service Financial Department;

The Minister of Finance issues this Circular detailing the use of state capital for purchases and procurement to maintain regular operations of government agencies, units under the People's Armed Forces, public service organizations, political organizations, political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Government agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the People's Armed Forces, public service organizations, and public science and technology organizations (hereinafter referred to as agencies and units) when using state capital as prescribed in Clause 2, Article 2 of this Circular for purchasing assets, goods, and services to maintain regular operations.

Article 2. Scope of Regulation

1. Contents of purchases include:

a) Purchasing equipment and working tools in accordance with the Prime Minister's regulations on standards and quotas for equipment and working tools of agencies and state officials, civil servants, and public officials;

b) Purchasing machinery and equipment for professional work, ensuring labor safety, fire prevention, and firefighting;

c) Purchasing transportation means: Cars, motorcycles, ships, boats, rafts, and other transportation means (if any);

d) Purchasing raw materials, fuel, chemicals, medicinal herbs, in vitro diagnostic reagents, consumable supplies, tools, and equipment to ensure regular operations;

đ) Purchasing industry uniforms, special activity uniforms according to regulations (such as doctors' and nurses' uniforms, patient and prisoner uniforms, and other special uniforms of professions), labor protection equipment (including purchasing materials, design samples, and sewing services);

e) Purchasing information technology products including: Machinery, equipment, accessories, software, and other information technology products and services, including installation, trial operation, and warranty (if applicable) under information technology projects funded by public funds as stipulated by the Government's regulations on managing investment in the application of information technology using state budget funds;

g) Printing products, documents, forms, publications, seals; cultural products, books, documents, films, and other products and services for propaganda, promotion, and professional activities;

h) Non-advisory services including: Leasing maintenance, repair, and minor regular repairs of machinery, equipment, working tools, transportation means; leasing office space, stations, cars for work purposes, industrial cleaning services; waste disposal services; garden and plant care services; leasing transmission services; insurance services; valuation services (if applicable); electricity, water, fixed-line telephone services; training, seminar, conference organizing services, and other non-advisory services;

i) Advisory services including: Technology selection advisory services, advisory services for preparing, analyzing, and evaluating bidding documents, and other advisory services in purchases to maintain regular operations of agencies and units;

k) Industrial property rights, intellectual property rights (if applicable);

l) Other types of assets, goods, advisory services, and non-advisory services purchased to maintain regular operations of agencies and units.

The above types of assets, goods, advisory services, and non-advisory services are collectively referred to as assets, goods, and services.

2. Sources of funding for purchasing assets, goods, and services include:

a) Regular expenditure from the state budget as stipulated by the State Budget Law allocated by competent authorities in the annual budget of agencies and units (including supplementary funding during the year);

b) Capital for implementing national target programs in cases where the implementation does not form an investment project;

c) Credit guaranteed by the state, other capital managed by the state (if any);

d) Official Development Assistance (ODA) capital: Loans and non-reimbursable aid coordinated in regular expenditure from the state budget; sources of assistance and sponsorship from foreign non-governmental organizations, individuals, and organizations within and outside the country belonging to the state budget (except where international agreements on ODA and preferential loans to which the Socialist Republic of Vietnam is a member provide otherwise);

e) Revenue from fees and charges used in accordance with laws on fees and charges;

f) Operating revenue, development fund for operating activities, reward fund, welfare fund, and other lawful funds as prescribed by law at public service units;

g) Health Insurance Fund;

h) Other lawful revenues (if any) as prescribed.

3. This Circular does not apply to the following cases:

a) Purchases of materials and equipment under investment projects;

b) Specialized equipment and means for national defense and security;

c) Purchases of assets, goods, and services abroad to serve regular operations of Vietnamese agencies overseas;

d) Purchases of assets, goods, and services as specified in Clause 1 of this Article but included in the National Central Procurement List and the Central Procurement List of Ministries, sectors, and localities implemented in accordance with the Bidding Law, Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government, and guiding documents.Supplement

Article 3. Forms of selecting contractors

1. The forms of selecting contractors include: open tendering, restricted tendering, direct assignment, direct purchase, competitive bidding, self-execution, and selection of contractors in special cases.

2. Based on the annual budget estimate, additional budget estimates for the year assigned by the competent authority and the Decision on asset procurement stipulated in Clause 1, Article 5 of this Circular, the Heads of agencies and units shall apply the form of selecting contractors to organize the procurement of goods and services in accordance with the regulations.

3. For procurement packages of assets, goods, and services that meet the conditions for applying non-tender procurement methods; if the agency or unit deems it necessary to organize tendering to ensure effective management and utilization of state budget funds, they shall organize open tendering in accordance with the regulations and report to the competent authority on the results of asset, goods, and service procurement.

Article 4. Revenue and Expenditure in the Process of Selecting Contractors

1. The contents of expenditure in the process of selecting contractors include:

a) Expenditure for hiring consultants to prepare tender documents, request documents, and organize tendering;

b) Expenditure for publishing tender notices (if applicable);

c) Expenditure for hiring reviews (if applicable);

d) Expenditure for the activities of the specialized team;

đ) Expenditure for the Advisory Board's activities to resolve contractor complaints (if applicable);

e) Other expenditures serving the selection of contractors.

2. Expenditure levels:

a) Expenditure for hiring reviews: According to the actual contract signed based on the scope of work, time of implementation, expertise and experience of the specialist, and other factors; expenditure for publishing tender information and costs for participating in the national tendering system: Implemented according to the guidelines of the Ministry of Planning and Investment;

b) Expenditure for meetings of the specialized team, meetings to review the plan for selecting contractors, meetings to review tender documents, request documents, review the results of contractor selection, and meetings of the advisory board: Apply the expenditure levels for organizing meetings equivalent to those stipulated in Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the construction, allocation, and settlement of budgets for scientific and technological tasks funded by the state budget;

c) For expenditure items without specific expenditure levels issued by the competent authority, the tenderer may spend according to actual needs, ensuring rationality and legality based on compliance with invoice and receipt regulations and bearing responsibility for their own expenditure;

d) Civil servants and employees who work overtime to perform tasks related to the contractor selection process shall be paid overtime wages according to Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, jointly issued by the Ministry of Finance and the Ministry of Home Affairs guiding the payment of night shift and overtime wages for civil servants, employees;

3. Contents of revenue:

a) Revenue from selling tender documents and request documents: Based on the scale and nature of the tender package, the agency or unit inviting tenders decides the price for one set of tender documents and request documents (including tax) for domestic tendering, but not exceeding VND 2,000,000 (two million dong) for tender documents and VND 1,000,000 (one million dong) for request documents; for international tendering, the price follows international tendering practices.

b) In case a contractor has objections to the results of the contractor selection, the agency or unit inviting tenders may collect fees from the contractor to cover the costs of reviewing and resolving such objections. The fee is 0.02% of the bid price of the objecting contractor, but not less than VND 1,000,000 (one million dong) and not more than VND 50,000,000 (fifty million dong).

c) Revenue from tender guarantees as stipulated in Article 11 of the Tendering Law, and revenue from performance guarantees as stipulated in Article 66 of the Tendering Law.

4. Receipts: Use the receipt form (Model C38-BB) according to Decision No. 19/2006/QD-BTC dated March 30, 2006, of the Minister of Finance regarding accounting regulations for administrative and public institutions.

5. Accounting: Since revenue from tendering does not belong to the state budget, it is not recorded in the state budget; agencies and units reflect revenue and expenditure from tendering activities in other sources and consolidate them in their annual settlement reports.

6. Sources of funding to ensure the tendering process:

When agencies and units organize the procurement of assets, goods, and services, they can use the funding sources specified in point a and point b of Clause 3 of this Article to cover the costs of the tendering process and address contractor complaints. If the aforementioned funding sources are insufficient to cover the tendering process costs, the agencies and units may use their regular operating funds to make up the difference; any surplus can be added to their operational funds.

Chapter II

RESPONSIBILITIES FOR REVIEW AND APPROVAL IN CONTRACTOR SELECTION

Article 5. Authority to decide on procurement of assets, goods, and services

1. The Minister, Head of a ministry-level agency, or head of another central agency decides or delegates authority to decide on the procurement of state assets at state agencies under their management.

2. The Provincial People's Council delegates authority to decide on the procurement of state assets at state agencies under local management.

3. Heads of budgetary units at all levels decide on the procurement of assets, goods, and services for items and procurement budgets within the scope authorized by the competent authority; they also decide on the procurement of items and procurement budgets not exceeding 100 million VND within the allocated budget.

4. Heads of public service organizations decide on the procurement of assets in accordance with Clause 2, Article 41 of Decree No. 52/2009/NĐ-CP dated June 3, 2009, detailing and guiding the implementation of certain provisions of the Law on Management and Use of State Assets.

Article 6. Authority to approve tender selection plans

The Minister, Head of a central agency; Chair of People's Committees at all levels; Heads of agencies and units with authority to decide on the procurement of assets, goods, and services as stipulated in Article 5 of this Circular approve tender selection plans within their procurement decision-making authority according to regulations.

Article 7. Authority to approve tender invitation documents, request documents, and tender selection results

Heads of agencies and units directly using procurement funds for assets, goods, and services, or agencies and organizations designated by the authority to decide on procurement as the tender inviter, shall approve tender invitation documents, request documents, and tender selection results.

Article 8. Responsibility for reviewing in the selection of contractors

1. Reviewing tender selection plans:

a) For procurement packages whose tender selection plans are approved by the Chairman of the Provincial People's Committee, the Department of Finance is responsible for leading the review of the tender selection plan;

b) For procurement packages whose tender selection plans are approved by the Head of a central agency, the Head of the central agency decides on the agency, organization, or department responsible for reviewing the tender selection plan;

c) For procurement packages whose procurement decisions are made by the Head of the agency or unit directly using the procurement budget according to Article 5 of this Circular, the Head of the agency or unit decides on the agency, organization, or department responsible for reviewing the tender selection plan.

2. Reviewing tender invitation documents, request documents, and tender selection results:

The tender inviter decides on the agency, organization, or department responsible for reviewing the tender invitation documents, request documents, and tender selection results.

Chapter III

BIDDER SELECTION PLAN

Article 9. Principles for drafting tender selection plans

1. Tender selection plans are drafted for the entire procurement budget assigned at the beginning of the year and supplementary plans are prepared for additional procurement budgets assigned during the year.

If conditions are not yet met to draft a tender selection plan for the entire procurement budget, plans should be prepared for one or several procurement packages to implement first.

2. The number of procurement packages and the contents of each package must be clearly stated in the tender selection plan.

3. Dividing the procurement budget for assets, goods, and services into procurement packages must be based on technical characteristics, implementation procedures, ensuring synchronization in procurement, and reasonable package sizes. Fragmenting procurement packages to implement procurement through non-tender methods or applying incorrect tender selection methods is strictly prohibited.

4. Tender selection plans are drafted after the approval of the procurement budget or simultaneously with the preparation of the procurement budget.

Article 10. Basis for preparing the plan to select contractors for asset procurement, goods, and services

1. Standards and quotas for equipment and working tools of agencies and civil servants, public officials, and employees; existing equipment and working tools that need replacement, additional purchase, or new procurement to meet work requirements.

2. Decision on asset procurement, goods, and services by the competent authority (as stipulated in Article 5 of this Circular) or procurement plans and budget lists approved by the competent authority.

3. Project proposal for equipping the entire sector approved by the Prime Minister (if applicable).

4. Availability of funds for asset procurement, goods, and services according to Clause 2, Article 2 of this Circular.

5. Regular procurement budget approved by the competent authority.

6. Results of price verification by the agency with the function and task of price verification or by organizations providing price verification services or quotations from suppliers (if available).

Article 11. Content of the plan to select contractors for each tender package

The content of each tender package includes:

1. Name of the tender package.

2. Price of the tender package.

When establishing and determining the price of the tender package in the plan to select contractors, it must be based on at least one of the following documents:

a) Prices of goods to be purchased from at least three different supply units in the locality to serve as the basis for determining the price of the tender package; in cases where there are not enough three units in the locality, prices can be referenced from other localities to ensure at least three quotations.

b) Procurement budget already approved by the competent authority (including: types of assets, goods, and services, quantities, unit prices, or the entire budget allocated for purchasing a type of asset, good, or service in a year).

c) Results of price verification by state agencies authorized to verify prices, or enterprises authorized to verify prices for assets, goods, and services required to be verified according to the Law on Prices.

d) Market prices at the time of procurement, obtained from official information published by suppliers according to Vietnamese law through the Internet.

đ) Prices of tender packages for similar goods purchased in the most recent period, not exceeding 30 days prior.

In cases where the tender package consists of several separate parts, the estimated price for each part shall be clearly stated in the tender package price.

3. Source of funds.

4. Form and method of selecting contractors.

5. Time to start organizing the selection of contractors.

6. Type of contract.

7. Contract performance period.

Article 12. Approval of the plan to select contractors

1. Responsibility for submission for approval:

The tender inviter is responsible for submitting the plan to select contractors to the person authorized to approve the plan to select contractors as stipulated in Article 6 of this Circular for review and approval; simultaneously sending it to the agency, organization, or department designated for verification as specified in Article 8 of this Circular.

2. Documents for submission for approval include:

a) Part of completed work including the content of work related to previous tender packages with corresponding values and legal bases for implementation.

b) Part of work that cannot apply any of the forms of contractor selection prescribed in this Circular.

c) Part of work included in the plan to select contractors including the content of work and corresponding values forming tender packages implemented according to one of the forms of contractor selection prescribed in this Circular. In this part, the basis for dividing the procurement budget into tender packages must be clearly stated. For each tender package, all contents prescribed in Article 11 of this Circular must be ensured. For tender packages not applying open tendering, the reason for applying another form of selection must be clearly stated in the document submitted for approval of the plan to select contractors.

d) Part of work that does not yet have the conditions to prepare the plan to select contractors (if any), specifying the content and value of this part of work.

đ) Part summarizing the total value of the works prescribed in points a, b, c, and d of this clause. The total value of this part shall not exceed the approved procurement budget.

3. Supporting documents for submission for approval:

When submitting the plan to select contractors for asset procurement, goods, and services for approval, copies of documents serving as the basis for preparing the plan to select contractors as stipulated in Article 10 of this Circular must be attached.

Article 13. Review of the tender selection plan

1. The review of the tender selection plan involves conducting inspections and evaluations of the contents as prescribed in Articles 9, 10, and 11 of this Circular.

2. The agency or organization entrusted with reviewing the tender selection plan shall prepare a report for submission to the authorized decision-maker for approval.

Article 14. Approval of the Tender Selection Plan

After receiving complete documentation on the tender selection plan and the review report, the head of the agency or unit specified in Article 5 of this Circular shall be responsible for approving the tender selection plan in writing (after the approval of the procurement budget estimate) to serve as the basis for organizing the tender selection process, or simultaneously with the approval of the procurement budget estimate if conditions permit.

The time limit for approving the tender selection plan shall not exceed five working days from the date of receipt of the complete submission for approval of the tender selection plan and the review report of the reviewing agency or organization.

Chapter IV

DIRECT PROCUREMENT, COMPETITIVE BIDDING, DIRECT PURCHASE, SELF-EXECUTION, AND TENDER SELECTION IN SPECIAL CASES

Section 1. DIRECT PROCUREMENT

Article 15. Cases Where Direct Procurement May Be Applied

1. Tender packages as stipulated in Clause 1 of Article 22 of the Law on Bidding, including:

a) Tender packages necessary to immediately address or promptly handle consequences caused by force majeure incidents; tender packages required to ensure state secrets; tender packages that must be implemented immediately to prevent direct harm to the lives, health, and property of residents in the area or to avoid serious impact on adjacent works; tender packages for purchasing chemicals, materials, medical equipment to implement disease prevention and control measures in emergency situations;

b) Emergency tender packages aimed at protecting national sovereignty, border areas, and islands;

c) Tender packages providing consulting services, non-consulting services, and purchasing goods that must be sourced from previous contractors due to technological compatibility and copyright requirements and cannot be obtained from other contractors; tender packages with research and testing characteristics; purchase of intellectual property rights;

d) Tender packages providing consulting services for preparing feasibility study reports, construction designs, which may be directly assigned to the architect of the winning architectural design or selected when the architect meets the required capacity conditions; tender packages for constructing statues, reliefs, grand paintings, artistic works tied to authorship from creation to construction completion.

2. Tender packages for purchasing assets, goods, and services under regular procurement budgets where the tender package value does not exceed 100,000,000 VND (one hundred million dong).

3. The implementation of direct procurement for tender packages as stipulated in points b, c, d of Clause 1 and Clause 2 of this Article must meet the following conditions:

a) There must be an approved tender selection plan;

b) The period from the approval of the request for proposal to the signing of the contract for direct procurement shall not exceed forty-five days; for large and complex tender packages, it shall not exceed ninety days;

c) The contractor proposed for direct procurement must be listed in the database of contractors as prescribed by the Ministry of Planning and Investment (except for tender packages as stipulated in Clause 2 of this Article).

Article 16. General Procurement Procedure

1. The packages of work specified in Article 15 of this Circular (excluding those specified in point a, Clause 1 and Clause 2) shall apply the general procurement procedure.

2. The general procurement procedure shall be implemented in accordance with the provisions of Article 55 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government.

Article 17. Simplified Procurement Procedure

1. For the package of work specified in point a, Clause 1 of Article 15, excluding the package of work that must be carried out to ensure state secrecy:

The direct management agency of the package of work shall identify and immediately assign the contractor with the necessary capacity and experience to undertake the package of work. Within fifteen days from the date of assignment, all parties must complete the procurement procedures including: preparing and sending the draft contract to the contractor, specifying the requirements for the scope, content of the work to be performed, the time of performance, the quality of work to be achieved, and corresponding value for negotiation and completion of the contract. Based on the results of the contract negotiation, the direct management agency of the package of work shall approve the procurement result and sign the contract with the selected contractor. The procurement result must be publicly disclosed according to regulations.

2. For the package of work specified in Clause 2 of Article 15:

a) The tenderer shall prepare and send the draft contract to the contractor identified by the authorized person as having sufficient capacity and experience to meet the requirements of the package of work based on the objectives, scope of work, and approved budget. The content of the draft contract includes requirements for the scope, content of the work to be performed, the time of performance, the quality of work to be achieved, corresponding value, and other necessary contents;

b) On the basis of the draft contract, the tenderer and the proposed contractor shall negotiate and finalize the contract as the basis for approving the selection result and signing the contract;

c) Signing the contract: The contract signed between the parties must comply with the decision approving the selection result, the minutes of the contract negotiation, and related documents.

3. For the packages of work subject to the simplified procurement procedure stipulated in Clauses 1 and 2 of this Article, if the agency or unit deems it necessary to organize a general procurement procedure to ensure effective management and utilization of state budget funds, they shall organize the implementation of the general procurement procedure.

Section 2. QUOTATION COMPETITION

Article 18. Scope of Application of Quotation Competition

1. Quotation competition shall be applied to packages of work with a value not exceeding two billion VND and falling under one of the following cases:

a) Common non-advisory service packages that are simple;

b) Purchasing common goods and assets (with many users and stable supply sources), readily available on the market (goods can be delivered immediately upon demand without requiring design, manufacturing, production, or processing), with standardized technical characteristics (according to Vietnamese standards, basic standards, international standards, or foreign standards) and equivalent in quality (capable of substituting each other due to identical technical characteristics, usage features, and other attributes).

2. Quotation competition shall be conducted when the following conditions are met:

a) There must be an approved tender selection plan;

b) There is an approval document for the purchasing budget from the competent authority.

Article 19. Competitive Bidding Process

1. Procurement packages for assets, goods, and services that meet the requirements set forth in Clause 1 of Article 18, with a package value from over VND 200 million to VND 2 billion, shall be implemented through the standard competitive bidding process as prescribed in Article 58 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government.

2. Procurement packages for assets, goods, and services that meet the requirements set forth in Clause 1 of Article 18, with a package value not exceeding VND 200 million, shall be implemented through the abbreviated competitive bidding process as prescribed in Article 59 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government.

Section 3. DIRECT PROCUREMENT

Article 20. Scope and Conditions for Application

1. Direct procurement may be applied to procurement packages for similar assets, goods within the same procurement budget or within another procurement budget.

2. Direct procurement shall be carried out when the following conditions are met:

a) There must be an approved tender selection plan;

b) There is a budget approval document issued by the competent authority;

c) The contractor has won the bid through open tendering or selective tendering and has signed a contract to implement the procurement package previously;

d) The procurement package has similar content and nature and a scale less than 130% compared to the procurement package for which the contract was signed previously;

đ) The unit price of the works included in the procurement package subject to direct procurement shall not exceed the unit price of corresponding works in the similar procurement package for which the contract was signed previously;

e) The period from signing the contract of the previous procurement package to the date of approving the result of direct procurement shall not exceed twelve months.

3. In cases where the contractor implementing the previous contract does not have the ability to continue implementing the direct procurement package, direct procurement may be applied to another contractor if they meet the requirements regarding capacity, experience, technology, and price according to the tender documents and the selection results of the previous contractor.

Article 21. Direct Procurement Process

To be implemented in accordance with the provisions of Article 60 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government.

Section 4. SELF-EXECUTION

Article 22. Conditions for Application

1. Self-execution may be applied to procurement packages within the procurement budget for assets, goods, and services in cases where the organization directly managing and using the procurement package has technical, financial capabilities, and experience meeting the requirements of the procurement package.

2. The application of self-execution must be approved in the plan for selecting contractors based on compliance with the provisions of Clause 1 of this Article and the entity assigned to execute the procurement package must meet all conditions stipulated in Article 61 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government, specifically as follows:

a) Having functions, tasks, fields of operation, and business sectors consistent with the requirements of the procurement package;

b) Must demonstrate and reflect in the self-execution plan the ability to mobilize personnel, machinery, and equipment to meet the requirements of the procurement package's progress;

c) The entity assigned to execute the procurement package shall not subcontract work volumes totaling more than 10% of the procurement package value or less than 10% but above VND 500 billion.

Article 23. Self-Execution Process

To be implemented in accordance with the provisions of Article 62 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government.

Section 5. SELECTION OF CONTRACTORS IN SPECIAL CASES

Article 24. Conditions for Application

In cases where a tender package or project presents special and unique conditions that cannot be applied to the contractor selection methods prescribed in Articles 20, 21, 22, 23, 24, and 25 of the Bidding Law, the authorized person shall submit to the Prime Minister for consideration and decision on the contractor selection plan.

Article 25. Procedure for Selecting Contractors in Special Cases

1. The authorized person shall prepare the contractor selection plan in accordance with Articles 9, 10, and 11 of this Circular; at the same time, clearly identify the special and unique conditions of the tender package to serve as the basis for proposing a contractor selection plan in special cases, and submit it to the Ministry of Planning and Investment for review in accordance with point b, Clause 1, Article 104 of Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government.

2. Based on the review opinion of the Ministry of Planning and Investment, the authorized person shall submit to the Prime Minister for consideration and decision on the contractor selection plan.

Chapter V

IMPLEMENTING PROVISIONS

Article 26. Implementation Guidance

1. Ministers of Ministries, heads of agencies equivalent to ministries, heads of other central agencies, Chairpersons of People's Councils at all levels shall be responsible for directing, organizing, and supervising the implementation of contractor selection in asset procurement, goods, and services aimed at maintaining the regular operation of agencies and units under their management; issue guidance on implementing this Circular (if deemed necessary) based on ensuring compliance with this Circular and relevant bidding laws.

2. Tender documentation templates and other contents not specified in this Circular shall be implemented in accordance with the Bidding Law No. 43/2013/QH13 dated November 26, 2013; Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Bidding Law.

Article 27. Effective Date

1. This Circular takes effect from May 16, 2016, and replaces Circular No. 68/2012/TT-BTC dated April 26, 2012 of the Ministry of Finance regarding bidding for asset procurement to maintain the regular operation of state agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and units under the people's armed forces.

2. When the legal normative documents cited for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to those amended, supplemented, or replacing documents.

3. During the implementation process, if there are difficulties, agencies and units are requested to report to the Ministry of Finance for research and resolution./.