Chương 9 Nghị định 58/2008/NĐ-CP: Phân cấp trách nhiệm thẩm định, phê duyệt trong đấu thầu

Chapter IX

DECENTRALIZATION OF RESPONSIBILITIES FOR EVALUATION AND APPROVAL IN TENDERING

Article 54. Responsibilities of the Prime Minister of the Government:

1. For projects for which the Prime Minister of the Government directly makes the investment decision:

(a) To approve the tendering plan;

(b) To approve or to delegate authority to approve results of selection of contractor;

(c) To approve or to delegate authority to approve exceptional cases in tendering, to resolve protests in tendering and to deal with breaches of the law on tendering.

2. To approve or to delegate authority to approve the tendering plan and results of direct appointment of contractor for tender packages belonging to national confidential projects, and urgent projects in the national interest or for the safety and security of energy as stipulated in article 20.1(c) of the Law on Tendering.

3. To approve or to delegate authority to approve a plan for selection of a contractor in a special case as stipulated in article 24 of the Law on Tendering.

Article 55. Responsibilities of ministers, heads of ministerial equivalent bodies and other central bodies, and chairmen of people's committees of provinces and cities under central authority

1. For projects and tender packages directly approved by the Prime Minister of the Government:

(a) To provide written opinions on the tendering plan and on results on selection of contractor;

(b) To approve the tender invitation documents;

(c) To approve other tendering items when so authorized by the Prime Minister of the Government.

2. For projects for which such ministers make the investment decision:

(a) To approve the tendering plan;

(b) To approve or to delegate authority to approve the tender invitation documents, and the results of selection of contractor for all tender packages of such projects, except for results of direct appointment of a contractor for the tender packages which are within the responsibility of the Prime Minister to directly approve as stipulated in article 54.2 of this Decree.

3. Provision on delegation of authority during tendering

The authorized person shall be responsible to approve the tendering plan. However, it shall depend on the special conditions of the ministry or locality whether the authorized person directly approves or delegates authority to approve tender invitation documents, results of selection of contractor, and a decision on dealing with an exceptional situation during tendering.

Article 56. Responsibilities of chairmen of people's committees of communes, wards, townships, districts, provincial towns and provincial cities, and of heads of other local bodies:

1. To approve tendering items when so authorized.

2. To approve tendering plans and to approve or delegate authority to approve tender invitation documents and results of selection of contractor for tender packages belonging to projects for which such chairman or head make the investment decision.

Article 57. Responsibilities of boards of management or directors of enterprises:

1. For projects for which the Prime Minister of the Government made the investment decision and for which the board or the director acts as investor:

(a) To approve the contents of tender invitation documents for tender packages for which the Prime Minister of the Government directly approves results of selection of contractor.

(b) To approve other tendering items when delegated with authority by the Prime Minister of the Government.

2. For projects for which such board or director makes the investment decision:

(a) To approve the tendering plan;

(b) To approve or to delegate authority to approve the tender invitation documents, and the results of selection of contractor for all tender packages of such projects, except for results of direct appointment of a contractor for the tender packages which are within the responsibility of the Prime Minister to directly approve as stipulated in article 54.2 of this Decree.

Article 58. Responsibilities of the board of management of a joint venture enterprise, shareholding company and legal representative of parties to a business co-operation contract

1. To approve the tendering plan and results of selection of contractor for all tender packages belonging to projects for which they make the investment decision.

2. To approve or to delegate authority to approve the contents of the tender invitation documents.

Article 59. Responsibilities of evaluating bodies and organizations

1. The Ministry of Planning and Investment shall be responsible to evaluate the following items:

(a) Tendering plans within the approval authority of the Prime Minister of the Government;

(b) Results of selection of contractor for tender packages within the direct approval authority of the Prime Minister of the Government;

(c) Plans for selection of contractor in special cases within the direct approval authority of the Prime Minister of the Government;

2. The Department of Planning and Investment shall be responsible to evaluate the following items:

(a) Tendering plans and results of selection of contractor for tender packages of projects within the direct approval authority of the chairman of the people's committee of the province or city under central authority;

(b) Tender invitation documents for tender packages for which the Prime Minister of the Government delegates approval authority to the chairman of the people's committee of the province or city under central authority, or for which such chairman has approval authority in which case the Department of Planning and Investment and the Department for the specialized industry shall jointly preside over the evaluation;

(c) Results of selection of contractor for tender packages for which the Prime Minister of the Government delegates approval authority to the chairman of the people's committee of the province or city under central authority.

3. Evaluating bodies and organizations shall be responsible to evaluate the following items when they are assigned evaluating duties by a minister, head of a ministerial equivalent body or other central body, board of management or director of an enterprise:

(a) Tendering plans, tender invitation documents and results of selection of contractor for all tender packages of projects within the investment decision-making authority of such minister, head of a ministerial equivalent body or other central body, board of management or director of the enterprise;

(b) Tendering plans and results of selection of contractor for tender packages for which the Prime Minister of the Government delegates approval authority to such minister, head of a ministerial equivalent body or other central body, board of management or director of the enterprise.

4. The planning and finance division shall evaluate items throughout the tendering process in projects within the investment decision-making authority of the chairman of the people's committee of a commune, ward, township, district, provincial town or provincial city.

5. The relevant assisting division shall evaluate items throughout the tendering process for projects within the investment decision-making authority of the chairman of the people's committee of a commune, ward, township, district, provincial town or provincial city, of the head of any other local body, or of the board of management of a joint venture enterprise, shareholding company or legal representative of business co-operation parties.

6. In the case of tender packages for which the person making the investment decision authorizes another person to approve the results of selection of contractor, such authorized person shall be responsible to appoint an entity to evaluate the tender invitation documents and the results of selection of contractor.