Chapter XII
IMPLEMENTATION
Article 133. Transitional regulations
1. For any package for which a specific contractor selection plan has been approved, but by the effective date of this Decree, the EOI request, prequalification documents, bidding documents, or RFPs have not been issued and have contents inconsistent with the Bidding Law No. 22/2023/QH15 and this Decree, adjustments to the specific contractor selection plan, EOI requests, prequalification documents, bidding documents, and RFPs must be approved to comply with the Bidding Law No. 22/2023/QH15 and this Decree.
For any package which does not apply online contractor selection and has issued EOI request, prequalification documents, bidding documents, or RFP, but their bid submission deadline is after the effective date of this Decree, these EOI request, prequalification documents, bidding documents, or RFP must be adjusted to comply with the Bidding Law No. 22/2023/QH15 and this Decree. The amendment to or extension of the bid submission deadline shall comply with Point b, Clause 2, Article 26, Clause 2, Article 38 and Clause 2, Article 63 of this Decree.
For any package that applies the form of direct contracting under shortened procedures, direct procurement, self-performance, contractor selection in special case, contractor selection to perform the community-involved package, if the specific contractor selection plan has been approved but by the effective date of this Decree, the contractor selection result have not been approved and the specific contractor selection plan has content inconsistent with the Bidding Law No. 22/2023/QH15 and this Decree, this specific contractor selection plan must be adjusted.
2. EOI requests, prequalification documents, bidding documents, and RFPs issued before January 1, 2024 will continue to be effective according to the Bidding Law No. 43/2013/QH13; Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government; Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government; Decision No. 17/2019/QD-TTg dated April 8, 2019 of the Prime Minister and Circulars on guidelines for the Decree.
3. While the Government has not amended, supplemented, or replaced Decree No. 32/2019/ND-CP, the ordering and assigning tasks to provide public products and services using state budget from current expenses continue to be implemented according to Decree No. 32/2019/ND-CP but must not violate the Bidding Law No. 22/2023/QH15.
4. While the Government has not amended, supplemented, or replaced Decree No. 15/2021/ND-CP dated March 3, 2021; Decree No. 29/2021/ND-CP dated March 26, 2021, “construction project using state capital other than public investment" is understood as a construction project that uses state budget capital, national bonds, government bonds, local government bonds, official development assistance (ODA), preferential loans from donors, credit capital guaranteed by the Government, loan capital secured by state-owned assets, development investment capital of state-owned enterprises, land use rights value but excluding public investment capital as per the law on public investment.
5. If a project is divided into component projects, independent operation or compensation, support and resettlement work is divided into separate sub-projects according to legal regulations, the bidders to perform these component projects and sub-projects shall be selected following the same procedures as selecting bidders for independent projects. Persons with authority to decide on investment in component projects and President of People's Committees for compensation, support and resettlement sub-projects shall exercise the authority and responsibilities of competent persons in organizing contractor selection according to the Bidding Law and this Decree.
6. During the period from January 1, 2024 to the effective date of this Decree, the costs of contractor selection on VNEPS are applied according to the Build - Operation - Transfer (BOT) contract signed between the Ministry of Planning and Investment and the employer of the Project "E-commerce application in Government procurement". The Ministry of Planning and Investment provides guidance on the management and use of costs in selecting bidders and investors on VNEPS.
7. During the period from January 1, 2024 to the effective date of this Decree, contractor selection shall be carried out in accordance with Bidding Law No. 22/2023/QH15 and the regulations of the Decree No. 63/2014/ND-CP, related guiding documents that are still consistent with the Bidding Law No. 22/2023/QH15. The Ministry of Planning and Investment shall guide or submit to competent authorities to consider resolving issues that arise during the implementation of this Clause.
Article 134. Entry into force
1. This Decree comes into force from the date of signing.
From the effective date of this Decree, the Government's Decrees, the Prime Minister's Decision and the following provisions cease to be effective:
a) Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government;
b) Articles 69, 70, 71, 72, 73, 75, 76, 77 and 78 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government;
c) Points b, c, Clause 2 and Points b, c, Clause 3, Article 5 of Decree No. 70/2018/ND-CP dated May 15, 2018 of the Government;
d) Decision No. 17/2019/QD-TTg dated April 8, 2019 of the Prime Minister.
2. Vietnamese-origin goods (as specified in Clause 1, Article 10 of the Bidding Law) are determined according to commercial law on how to identify goods manufactured in Vietnam and the law on technology information for information technology software products. Point b, Clause 5, Article 5 of this Decree is effective until commercial law has regulations on how to identify goods manufactured in Vietnam.
3. Organizations or individuals tasked with procuring goods or services for scientific and technological tasks funded by the state budget (including partial allocations or lump-sum allocations up to the final product) are exempt from following the Bidding Law and this Decree. However, they must still maintain sufficient invoices and documents, as required by law.
4. Individuals and organizations involved in scientific and technological tasks that are not government agencies or public service providers can choose their own procurement methods for these tasks, as long as they do not use state budget funds. They still need to keep sufficient invoices and documents, but do not have to follow the procedures outlined in the Bidding Law and this Decree.
5. Organizations or individuals leading scientific and technological tasks in agriculture, forestry, or fishery can directly purchase goods or services from households and individuals for those tasks. They are exempt from following the procedures outlined in the Bidding Law and this Decree.
6. Information about the bidder's contract performance result and the quality of goods used according to Articles 17 and 18 of this Decree is publicized for packages with contractor selection according to Bidding Law No. 22/2023/QH15.
7. The list of medical equipment and testing supplies, along with their specific features and technical specifications, for planning and organizing the contractor selection process shall be determined as per the law. In the absence of specific legal regulations, the employer can either establish a council or assign an affiliated agency to select the list of medical equipment and testing supplies, along with their specific features and technical specifications.
Article 135. Implementation
1. The Ministry of Planning and Investment shall:
a) Elaborate and guide articles and clauses as assigned in the Bidding Law, this Decree and other necessary contents to meet state management requirements on bidding;
b) Aggregate and manage database of bidders; quality of goods used; list of bidders violating the law on bidding; list of successful foreign bidders;
c) Instruct management and use of costs in selecting bidders and employers on VNEPS; cut costs of online contractor selection based on the development of online bidding in each period;
d) Issue bidding document forms including: overall contractor selection plan; specific contractor selection plan; EOI request, prequalification documents; bidding documents; RFP; online procurement, online quotation; evaluation report; bidding inspection, bidding performance report and other forms related to bidding;
dd) Edit webforms on VNEPS to enable parties participating in online contractor selection, reduce administrative procedures, and increase competitiveness, fairness, transparency and economic efficiency in bidding, ensuring effective state management of bidding.
2. The Ministry of Health shall:
a) Provide guidance on contractor selection and measures to implement Bidding Law No. 22/2023/QH15 and this Decree within the scope of their management;
b) Issue contractor selection documentation forms for drugs;
c) Provide guidance on principles, criteria, and consolidate needs to create a list of drugs for centralized procurement; time limit for consolidating the list, for promulgating the list; expected time to organize contractor selection, expected time to disclose information on framework agreements and contracts in centralized procurement;
d) Research a guide grouping medical equipment according to technical and quality standards.
3. Annually, ministries, ministerial-level agencies, Governmental agencies, other central agencies, Provincial People's Committees, state-owned enterprises and other agencies and organizations subject to Article 2 of the Bidding Law shall send reports on bidding performance to the Ministry of Planning and Investment for consolidation and reporting to the Prime Minister.
4. Heads of central agencies and Presidents of People's Committees of provinces and centrally affiliated cities, within the scope of their functions and tasks, shall provide guidance and implement this Decree./.
Tìm kiếm
Nghị định 24/2024/NĐ-CP (Bản Word)
Nghị định 24/2024/NĐ-CP (Bản Pdf)