Chương XV Nghị định 63/2014/NĐ-CP: Điều khoản thi hành

Chapter XV

IMPLEMENTATION

Article 129. Guidance

1. With regard to the contracts whose bidding plans have been approved but the EOI requests, invitations for prequalification, invitations for bid, request for proposals has not released before July 01, 2014, the adjustment to such bidding plans must be approved if they do not comply with the regulations in the Law on Bidding No. 43/2013/QH13.

If the EOI requests, invitations for prequalification, invitations for bid, requests for proposals released before July 01, 2014, the implementation shall comply with the regulations of the Law on Bidding No. 61/2005/QH11, the Law on the amendment and supplementation of the laws related to fundamental construction No. 38/2009/QH12 dated June 19th 2009, Decree No. 85/2009/ND-CP dated October 15, 2009, Decree No. 68/2012/ND-CP dated September 12, 2012 of the Government, the Decision No. 50/QĐ-TTg of the Prime Minister dated November 09, 2012 and relevant Circulars.

2. From July 01, 2014 to the effective date of this Decree, the contractors shall be selected according to the Law on Bidding No. 43/2013/QH13. Before the effective date of this Decree, the contractors shall be selected in accordance with the regulations of the Decree No. 85/2009/ND-CP, Decree No. 68/2012/ND-CP and other relevant guiding documents, which must not violate the Law on Bidding No 43/2013/QH13.

3. With regard to the purchase funded by the state capital to provide the public goods and services in accordance with the regulations on Point dd Clause 1 Article 1 of the Law on Bidding No. 43/2013/QH13, the selection of contractors in the form of purchase order must comply with the regulations in the Decree No. 130/2013/ND-CP dated October 16, 2013; other forms of selection of contractors must comply with the regulations in the Law on Bidding No. 43/2013/QH13 and this Decree.

4. Any individual issued with the Certificate of professional training in bidding before the effective date of this Decree shall continue to participate in bidding under the regulations in Article 16 of the Law on Bidding No. 43/2013/QH13. However, (s)he is require to update the information prescribed in the current legislative documents on bidding.

5. The Ministry of Planning and Investment shall:

a) provide the roadmap for application and instructions on:

- Registration of contractors in the National bidding system in accordance with the regulations in Point d Clause 1 Article 5 and Point e Clause 2 Article 22 of the Law on Bidding No. 43/2013/QH13;

- Issuance of the practice certificates of bidding to the individuals required to have the practice certificates under the regulations of Clause 2 Article 16 and Point c Clause 1 Article 19 of the Law on Bidding No. 43/2013/QH13;

- Activities of the professional bidding organizers in accordance with the regulations in Article 32 of the Law on Bidding No. 43/2013/QH13;

b) provide instructions on other necessary contents of this Decree to facilitate the management of the bidding.

6. The Ministry of Finance shall:

a) provide specific instructions on the purchase funded by the state capital to maintain the activities of the competent authorities, units affiliated to People’s armed forces, public service providers, political organizations, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations;

b) provide the lists of goods and services applied bulk purchasing;

c) take chare and cooperate with the Ministry of Planning and Investment in giving guidance on the bulk purchasing;

d) give guidance on the fees for the selection of contractors.

7. The Ministry of Health shall be in charge of giving guidance on bidding for medicines to facilitating disease prevention, examination and treatment which is funded by the State budget, medical insurance fund and other resources in the medical facilities.

8. The Ministry of Industry and Trade shall:

a) provide instructions on the procedures for the import and export of goods for the successful bidders;

b) publish the List of the goods that can be produced in Vietnam, List of popular goods allowed to be imported into and sold in Vietnam.

9. The Ministry of Labor, War Invalids and Social Affairs shall take charge and cooperate with the Ministry of Finance and relevant regulatory authorities in promulgating the regulations on the wages of the Vietnamese consulting specialists, which serves as a basis to determine the value of the time-based consulting contracts prescribed in Clause 4 Article 62 of the Law on Bidding No. 43/2013/QH13.

10. The Ministry of Construction shall giving instructions on labor costs of the consulting services which serve as a basis to determine the time-based consulting contracts prescribed in Clause 4 Article 62 of the Law on Bidding No. 43/2013/QH13.

11. The Ministries and regulatory authorities must provide the List of satisfactory goods that can be produced in Vietnam within their authority.

12. The Ministries, ministerial-level authorities, Governmental authorities, other central authorities, the People’s Committees of provinces shall detail some contents of this Decree (if necessary) within their competence, which complies with the regulations in the Law on Bidding No. 43/2013/QH13 and this Decree.

13. The Ministers, Heads of ministerial-level authorities, Governmental authorities, other central authorities, the Presidents of the People’s Committees shall assign Chiefs directly in charge of bidding and affiliated units to administer bidding within their competence. Difficulties that arise during the implementation of this Circular should be reported to the Prime Minister for consideration. The Ministries, ministerial-level authorities, Governmental authorities, other central authorities, the People’s Committees of provinces, enterprises approved by the Prime Minister must send annual reports on the bidding to the Ministry of Planning and Investment to summarize and notify the Prime Minister.

Article 130. Effect

This Decree takes effect from August 15, 2014.

The Decree No. 85/2009/NÐ-CP of the Government giving instructions on the Law on Bidding and selection of building contractors under the Law on Construction dated October 15, 2009, Decree No. 68/2012/NÐ-CP dated September 12, 2012 of the Government on the amendment to some Articles of the Decree No. 85/2009/NÐ-CP of the Government dated October 15, 2009 and the Decision No. 50/QÐ-TTg of the Prime Minister on the application of limited bidding regarding the contracts considered and decided the Prime Minister dated November 09, 2012 shall expire from the effective date of this Decree.