Decided 08/2016/qd-Ttg Dated: Regulating The Stores State Assets Under Focus

Original Language Title: Quyết định 08/2016/QĐ-TTg: Quy định việc mua sắm tài sản nhà nước theo phương thức tập trung

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The DECISION regulates the purchase State assets under focus _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law of management, use of State assets on June 3, 2008;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to the law of bidding on November 26, 2013;
Pursuant to Decree No. 52/2009/ND-CP dated 3 June 2009 from the Government detailing and guiding the implementation of some articles of the law on management and use of State property;
Pursuant to Decree No. 63/2014/ND-CP dated 26 June 2014 Government detailing the implementation of a number of articles of the law on tender on selection of contractors;
Considering the recommendation of the Minister of finance, the Prime Minister issued a decision regulating the stores state assets under focus.
Article 1. Scope 1. The decision rules on goods, services (hereinafter collectively referred to as the property) by the method of focusing.
2. The purchase of the following property types are not made under the provisions of this decision: a) special property and property used in the people's armed units; property of the representative body of the Socialist Republic of Vietnam abroad and other agencies of Vietnam abroad;
b) property stores from capital aid, funding, funding the program, projects using foreign capital that sponsors have asked about shopping with other provisions in this decision.
3. The Minister of defence, Minister of public security pursuant to the provisions of the law of tenders, legislation on management, use of State property and the provisions of this decision issued statutes and regulations organization stores focus on special property and property used in the people's armed units in range management.
4. Pursuant to the provisions of the law of tenders, about the business and the provisions in this decision, the parent company of State economic Corporation, the parent company of the State Corporation, the parent company of the group parent company-subsidiary; limited liability company, an independent Member State holds 100% of the capital stock issued statutes and regulations organization stores focus applies in business.
Article 2. Application object 1. The unit stores the focus, including: a) the unit stores the national focus: the unit stores concentrated in the Ministry of finance to carry out the task property shopping list stores the property a national focus (except medicine, healing to the people, referred to as smoking);
b) unit stores focus national medicines procurement unit is centralized in the Ministry of health to carry out the task of drug concentration in the shopping directory of stores to focus the national level;
c) unit stores focus of ministries, central agencies, the province: is the unit stores concentrated in the central ministries and agencies, the provinces to carry out the task property shopping in the shopping category level focus ministries, central agencies, local.
2. State agencies, the public, the people's armed units, political organization, social-political organizations, social-political organizations, social organizations, social-professional organization, Project Management Committee (hereinafter referred to as the Agency, organization, unit) of the Ministry of , ministerial-level agencies, government agencies, the central organ of the Organization of politics, social-political organizations, social-political organizations, social organizations, social-professional organizations, other agencies in the Central Government (called the Ministry, Central Agency) and the province, central cities (called the) property used directly in the shopping list file Central.
3. The authorities, institutions, the unit is not in the range specified in item 2 of this when shopping by assets do not belong to the scope of the provisions of article 3 of this decision are encouraged to apply under the provisions of this decision.
Article 3. Funding source stores focus 1. Funding was authorized State agencies delivered in estimating the Agency's annual budget, the organization unit.
2. the left Source countries, government bonds, local government bonds.
3. capital programs, projects using ODA; aid sources, funding of organizations and individuals in and outside the country in State budget sources that sponsors do not have the required stores other than the provisions of this decision.
4. Funds from the Development Fund of operations business units secured himself a public part and the public by the State guaranteed regular expenditure; the funds from the foreign financial Fund budget.
5. medical insurance fund, revenue from services, healing and other legitimate income of public health facilities.
Article 4. Apply practices stores focus 1. The concentrated shopping is done in a manner to sign framework agreement, except in the case specified in clause 2 of this Thing.
2. Shopping-focused manner signed directly applies in the following cases: a) Purchased the property in the program, projects using ODA, aid sources, funding of organizations and individuals inside and outside water source in the State budget which donors have asked to apply under direct contract;
b) purchase vaccines immunization staff.
Article 5. Asset stores focus 1. The property was put on the shopping list focus must meet the conditions specified in paragraph 1 to article 71 of Decree 63/2014/ND-CP dated 26 June 2014 Government detailing the implementation of a number of articles of the law of tenders on choosing contractors.
2. shopping results based focus, ask the practice saves, against waste, corruption of the party and the State, the capacity of the unit stores focus, growing conditions of the property market offers and conditions specified in paragraph 1 of this article, the Ministry of finance, Ministry of health , ministries, central agencies and the provincial people's Committee issued asset stores focus as follows: a) the Ministry of Finance announced the category property stores a national focus (except drugs);
b) Ministry of Health announced drug stores focus (includes directory of stores to focus national and centralized shopping directory of local level);
c) ministries, central agencies, provincial people's Committee issued asset stores level focus ministries, central agencies, local (except drugs).
3. principles of construction and application of asset stores focus: a) asset shopping focused national level apply to all ministries, Central and local authorities;
b) asset shopping level focus ministries, central agencies, apply for local agencies, organizations, units of the scope of the management, the Central and local authorities; private drug stores that focus on local level apply to the medical facility of the Central and local levels on local close;
c) assets in the shopping category level focus ministries, central agencies, not local duplication with asset stores focus country due to the Ministry of finance and the Ministry of Health issued and published.
4. Asset stores focus must be publicly available under the provisions of the law.
Article 6. The responsibilities of the unit stores focus 1. Demand aggregation, planning shopping contractors choice.
2. Proceed to the selection of contractors to provide the property in the shopping category focus under the provisions of the law of tenders.
3. Signed the framework agreement with the chosen contractor to provide property, released a document describing in detail the selected property; contract form provisions shops as the basis for the unit directly using the assets contracting shops with a provider in the case of application stores focused manner signed framework agreement; direct contracts with the contractor was selected to provide the property in the case of application stores focus upon how the direct contract.
4. Organize or participate in the transfer, receiving the property stores the focus.
5. Publicly shopping the property under the provisions of the law on management and use of State property.
6. Organization of the application of information technology to make electronic shopping as a rule.
7. The unit stores the focus country shopping service provides focus for the Ministry, the central agencies, local, State enterprises have not yet formed the unit stores focus or offer consulting services, support shops property for the agencies, organizations, and business unit needs.
8. process monitoring framework agreement, the contract of the contractor of choice.
9. Implementation of the responsibility of the owner; responsibilities of the bidding party according to the provisions of the law of tenders in 2013 and the other legal texts concerned.
Article 7. The route applying the stores focus 1. Apply centralized shopping from 2016.
2. apply drug shopping roadmap implementation focus according to the provisions in point c Article 77 paragraph 1 of Decree 63/2014/ND-CP dated 26 June 2014 detailing the implementation of a number of articles of the law of tenders on choosing contractors.
Article 8. Management, the use of revenues, cost savings through centralized shopping 1. The Ministry of finance to specific instructions the revenues, spending and management, using the proceeds from stores.
2. The management, use, cost savings through centralized shopping (the difference between the estimate and the amount of real property shopping) made under the provisions of the law on the State budget.
Article 9. Public stores focus 1. Ministries, central agencies, provincial people's Committee, agency, organization, unit has the responsibility to make the stores focus as prescribed by the Ministry of finance.
2. The unit stores the public focus focus shopping needs, plan to choose the contractor stores focus; shopping results focused; plans to hand over the assets and content to other provisions of the law on management, use of State assets.
3. Minister of finance specifies the contents, forms, publicity about the stores focus and organization make the stores focus.
Article 10. Implementation 1. The Ministry of finance is responsible for:

a) announced the list of property stores a national focus, except drug stores; the decision by the authority the unit stores focus countries to make shopping for property in the shopping list to focus the national level on the basis of the Organization, additional delivery tasks for a public career there (not established new, not supplement the payroll).
In time yet to rearrange the organization unit stores focus countries under the provisions mentioned above, the Ministry of finance allocated to units of The mission stores focus countries under the part-time model.
b) collect market information, needs analysis and synthesis of results of stores properties of the agencies, units, organizations; implementation report and openly in shops;
c) construction of a database of shopping and the application of information technology to implement and publicly shopping the property to focus;
d) Inspector, inspection, complaints, accusations and handle breach in the field stores focus according to the authority;
DD) directs the State Treasury levels make shopping for spending control focus from State budget sources; non-payment of an expense category property shopping stores focus but not done shopping the focus or the contract shops property is inconsistent with the framework agreement and to the provisions of the law;
e) perform other tasks as specified in this decision and the relevant legislation.
2. Ministry of planning and investment has responsibility: a) The Prime Minister approved the deployment roadmap in the bidding through the network to perform centralized shopping;
b) perform other tasks as specified in this decision and the relevant legislation.
3. The Ministry of health is responsible for: a) issued under the authority or the authority issued the legal text guide the stores focus for smoking;
b) announced the drug stores; the decision by the authority the unit stores focus countries to make shopping for smoking in the shopping list to focus the national level on the basis of organizing, reorder, additional delivery tasks for a public career there (not established new, not supplement the payroll).
In time yet to rearrange the organization unit stores focus countries under the provisions mentioned above, the Ministry of health assigned to the unit in The mission stores focus countries under the part-time model.
c) perform other tasks as specified in this decision and the relevant legislation.
4. The ministries, central agencies, provincial people's Committee has the responsibility: a) made the purchase of assets according to focus the Ministry, the central agencies, local as specified in this decision and to the instructions of the Ministry of finance; directing the full set, shopping needs timely focus to the unit stores focus implementation effectively;
b) announced the asset stores concentrated in the range management, announces asset stores focus for the Ministry of finance; the decision by the authority concentrated shopping units to make shopping for property, smoking in the shopping category focus of ministries, central agencies, on the basis of local institutions to rearrange business units-public function provides financial services health, property, we have (not established, no new payroll additions).
In time yet to rearrange the organization unit stores focus as defined above or do not have the function of providing public services in finance, property, health, ministries, central agencies, provincial people's Committee, assigned to a unit in the range mission management stores focus as part-time models under the principles defined in this decision.
c) perform other tasks as specified in this decision and the relevant legislation.
5. The ministries, central agencies, provincial people's Committee specified in the paragraph 1, 3 and 4 of this decision or the decision by the authorized unit model specific stores focus according to the principle of ensuring non-established organizations, units, no additional staffing and the number of people working in the Department's apparatus , central agencies, provinces, and cities under central.
6. organizations, individuals, agencies, units violating the provisions of this decision shall, depending on the nature and extent of the violation being disciplined, sanctioning administrative violations or prosecuted for criminal liability in accordance with the law.
Article 11. Terms of implementation 1. This decision had effect since April 10, 2016.
Annuls decision No 179/2007/QD-TTg dated 26 November 2007 by the Prime Minister on the implementation of pilot stores assets, goods from the State budget according to focus.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and heads of agencies, organizations, relevant units responsible for the implementation of this decision.

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