Numbers: 08 /2016/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, February 26, 2016
Q As for example, the procurement of state assets in the world. Come on Focus.
Government Law Base June 19, 2015;
Management Law. Oh, using state assets on June 3, 2008;
The State Budget Law Base December 16, 2002;
The March 26 Bidding Law. 11 in 2013;
Base of Decree Stain. 52 /2009/NĐ-CP June 3, 2009 by the Government Regulation and guidelines for some of the provisions of the Management Law, using state property;
UN Security Base, 63/20. 1 4/ND-CP June 26, 2014 of the Government Regulation ch i The rules of the Law. All I bid for the contractor's choice.
At the suggestion of the Minister of Finance,
The Prime Minister issued Q. U The procurement of procurement of state property in the United States. n Concentrate.
1. This decision provides for the procurement of goods, services (later known as assets) in the centralized method.
2. The procurement of the following types of assets does not follow the regulation at this Decision:
a) Special property and property assets at the People's Armed Units; the property of the body's representative body of the Socialist Republic of Vietnam abroad and the other agencies of Vietnam abroad;
b) A procurement asset from the source of funding, funding, capital of the programs, the project using foreign capital that the sponsor has a request for other procurement with the regulation at this Decision.
3. The Minister of Defense, Minister of Public Security of the provisions of the laws of bidding, legislation on management, use of state assets and regulations at the decision to issue Regulation and the organization to implement the Special Asset centring Procurement Statute. They ' re specialized in the human armed unit of the management range.
4. Base of the laws ' regulations on bidding, about the business and regulation at this Decision, the parent company of the state economic conglomerate, the parent company of the state corporation, the parent company in the parent company group-the subsidiary; the LLC. an independent member held by the State 100% of the provisions of the statute of Regulation and the organization of the implementation of the Centralization Procurement Statute.
1. The centralized shopping unit, including:
a) National centralized procurement unit: A centralized procurement unit at the Ministry of Finance to carry out a property procurement mission under a national class asset procurement portfolio (except for medicine, for people, for example);
b) National drug-focused procurement unit: A procurement unit focused at the Ministry of Health to carry out a mission to purchase a drug-focused shopping portfolio;
c) A centralized procurement unit of ministries, central agencies, provinces: As a procurement unit centered on ministries, central agencies, provinces to perform asset procurement duties in the portfolio of ministerial centralization, central authority, local authority.
2. State agencies, public career units, people ' s armed units, political organization, political organization-social organization, social political organization-profession, social organization, social organization-profession, Project Management Board (later calling off as a basis), social and social organization. Officials, organizations, units, peer agencies, government agencies, the central body of the political organization, the political-social organization, the social political organization-the profession, the social organization, the social organization-the profession, the other in the world. central (known as ministries, central agencies) and provinces, central-central cities (called prefectures) directly using the property of the centralized shopping catalog. Oh,
3. The agencies, organizations, units that are not within the provisions of Article 2 of this Article when procurement of property by a non-defined source of capital at Article 3 This decision is encouraged to apply by regulation at this Decision.
1. The funding is given by the state authority to deliver in the annual budget bill of the agency, the organization, the unit.
2. National public sources, government bonds, local government bonds.
3. The source of the programs, the project that uses ODA capital; the aid source, the funding of organizations, individuals in and out of the state budget of the state budget that the sponsor does not have a request for other purchases with the regulation at this Decision.
4. The funding from the development fund of the career of a self-established public career ensures a regular portion of the regular spending and the State of the Public Career Unit guarantees regularly; the funding from the State Finance Fund is out of budget.
5. The source of health insurance funds, sources from the service of the disease, cure and other legal sources of the public health facility.
1. The centralized procurement is done in the manner of a framework agreement, except for the specified case at paragraph 2 This.
2. Shopping focused on the way the direct contract is applied in the following cases:
a) Buy assets of programs, projects that use ODA capital, aid sources, grants of organizations, individuals in and out of the state of state budgets that the sponsor has required to apply in a direct contract form;
b) Buy a vaccine to serve the immuno.
1. The property that is included in the centralized procurement portfolio must meet the stipulation conditions at Clap 1 Article 71 No. 1. 63 /2014/ND-CP June 26, 2014 of the Government rules the implementation of certain provisions of the Bidding Law on the selection of contractors.
2. The centralized shopping results base, the requirement to practice savings, anti-waste, anti-corruption of the Party and State, the capacity of centralized procurement units, the development conditions of the market to provide the property and regulatory conditions at Clause 1. This, the Ministry of Finance, Ministry of Health, ministries, central agencies and the Provincial People ' s Committee issued the portfolio of shopping assets as follows:
a) The Ministry of Finance announced a portfolio of national high-level procurement assets (excluding drugs);
b) The Ministry of Health announced the portfolio of a centralized procurement drug (including a national high school procurement category and a local high school shopping category);
c) The ministries, the central body, the Provincial People ' s Committee issued a portfolio of shopping property, the central authority, the local (except for the drug).
3. The principle of construction and application of a centralized shopping property portfolio:
a) A national class-class procurement property portfolio applies to all ministries, central and local agencies; and the United States.
b) Category-level shopping property portfolio, central authority, local applies to agencies, organizations, units within the management range of the Ministry, central and local authority; separately catalog of local-class procurement drugs applied to the facilities and facilities. the central and local medical department is on the local table;
c) The property is under the Ministry of Senior Centralized Procurement Portfolio, the central body, the locality not to be duplicated with the portfolio of national centralization procurement assets issued by the Ministry of Finance and the Ministry of Health and published.
4. The portfolio of centralized shopping properties must be publicly followed by the rule of law.
1. Gather the needs, plan the selection of the procurement contractor.
2. Make the selection of the contractor that provides the property of the procurement portfolio according to the rule of law on the bidding.
3. Sign a framework agreement with the selected bidder to provide assets, release detailed description documents of selected assets; regulation of procurement contracts as the basis for direct units using the property to sign a procurement contract with the supplier in the company. The case of applying procurement focuses on the way the framework agreement is signed; directly contracting with the contractor is selected to provide assets in the case of a procurement application focused on a direct contract.
4. The organization performs or joins the table, taking on the centralized shopping property.
5. Public procurement of property purchases by law on management, use of state property.
6. Organization of Information technology applications for making electronic procurement by regulation.
7. The national centralization procurement unit that provides a centralized shopping service for ministries, central agencies, local, state enterprises that have not formed a centralized procurement unit or provide consulting services, support property purchases to the agencies, and the Department of Procurement. organization, unit and business have a need.
8. Monitor the process of implementing the framework agreement, the contract of the contractors selected.
9. Implemencing the responsibility of the investment holder; the responsibility of the invitation to the bid under the provisions of the 2013 Bidding Law and other legal documents that are relevant.
1. Apply shopping mall since 2016.
2. The route of application of the procurement of the Centralized Medicine currently rules at Point 1 Article 77 The number of Protocol 63 /2014/ND-CP 26 June 2014 rules the implementation of certain provisions of the Bidding Law on the selection of contractors.
1. The Ministry of Finance specifically instructs the receivship, chi and management, using the proceeds from the centralized procurement.
2. The management, use of savings funds is passed on a centralized procurement (the amount of the difference between the bill being delivered and the actual asset procurement amount) in accordance with the law of the state budget.
1. The ministries, the central body, the Provincial People ' s Committee, the agency, the organization, the unit charged with the implementation of the procurement public that focuses on the provisions of the Ministry of Finance.
2. The procurement unit publicly needs a centralized shopping demand, a plan to choose a centralized procurement contractor; centralized procurement results; asset-making plans and other publicly traded content according to the regulatory law of management, document use, and management. The water production.
3. The Minister of Finance for the specific regulation of content, form, public procurement of centralized and organizational shopping practices.
1. The Ministry of Finance is responsible:
a) The country's portfolio of procurement assets, except for the portfolio of shopping drugs; decided under the jurisdiction of the National Procurement Unit in order to make a purchase on the property of the National High School procurement portfolio on the basis of the purchase. organization rearranging, delivering on the task force to a existing public career unit (no new establishment, no borders).
In an unorganized time of rearrangement of the national centralized procurement unit, the Ministry of Finance assigned to the unit of the Ministry for the task of procurement of the national focus on a dual-purpose model.
b) Collation of market information, aggregation of demand and results analysis of the property procurement of the agencies, units, organizations; organizations that carry out the report and public in centralized procurement;
c) Building a database of centralized procurement and application of information technology for implementing and publicly procurement of asset-based asset practices;
d) Inspector, examination, settlement of the complaint, denouncing and disposal of violations in the field of procurement focused on jurisdiction;
Only the State Treasury only does the State Treasury to carry out the costs of the procurement in focus from the state budget; do not pay the funds to shop in a centralized shopping portfolio but do not perform a centralized procurement or contract. procurement of property is not suitable for the framework agreement and the rule of law;
e) Perform other tasks by regulation at this Decision and the relevant legislation.
2. The Ministry of Planning and Investment is responsible:
a) The Prime Minister approx the route of the bidding deployment through the network to perform a centralized procurement;
b) Perform other tasks by regulation at this Decision and the relevant legislation.
3. The Ministry of Health is responsible:
a) The authority under the authority or the grant has the authority to enact legislation that rules the procurement of centralization on the drug;
b) The portfolio of procurement medicines; decided under the jurisdiction of a procurement unit of the national focus to perform procurement on the drug of the national class-focused procurement category on the basis of the organization, rearrangement, delivery of duty to a single unit. the existing public career (not a new, non-commissioned) career.
In an unorganized time of rearrangement of the national focus procurement unit, the Ministry of Health assigned to the unit of the Ministry for the task of procurement of the national focus on a dual-purpose model.
c) Perform other tasks by regulation at this Decision and the relevant legislation.
4. The ministries, central agencies, the Provincial People ' s Committee are responsible:
a) The organization performs asset procurement in accordance with the level of ministerial-level, central authority, local authority at this decision and the direction of the Ministry of Finance; to direct the full collection, in time of the need for a centralized purchase demand for procurement units. It ' s an effective exercise, and it ' s effective.
b) The portfolio of procurement assets focuses on the scope of management, announcing a portfolio of procurement assets to the Ministry of Finance; decided by the centralized procurement unit authority to perform procurement on the property, drug belonging to the collection portfolio Central to the Ministry, the central body, local on the basis of the organized establishment of a public career unit that provides financial, property, existing medical, non-new, non-commissioned services.
During the unorganized time of rearrangement of the procurement unit centered on or without a public career unit has the function of providing financial services, property, health, ministries, central agencies, the Provincial People ' s Committee assigned to the Ministry of Public Affairs. a unit of the management range that performs a procurement mission focused on the model and the rules of regulation at this Decision.
c) Perform other tasks by regulation at this Decision and the relevant legislation.
5. The ministries, central agencies, the Provincial People ' s Committee stipulated at Articles 1, 3 and 4 This decision or the granting of the competent decision authority model of the procurement unit focused on the principle of unfounded new organization, the unit, the government. It is not added to the public service and the number of people working in the Ministry's apparatus, the central authority, the province, the Central City.
6. Organization, individuals, agencies, units of violation of regulation at this Decision are subject to the nature, level of violation of discipline, sanctimonitrial violation or criminal liability prosecution under the rule of law.
1. This decision has been in effect since 10 April 2016.
Number Decision Repeal 179 /2007/QĐ-TTg November 26, 2007 by the Prime Minister of the Government on the implementation of the property procurement pilot, the goods from the state budget in a centralized way.
2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, Central City, and the Head of the Agency, the organization, the relevant unit responsible for the implementation of this decision.