Chương I Thông tư 58/2016/TT-BTC: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Regulated entities

State agencies, political organizations, socio-political organizations, social-political-professional organizations, socio-professional organizations, social organizations, units affiliated to people's armed force, public service providers, public scientific and technological organizations (hereinafter referred to as agencies) that use state funding as prescribed in Clause 2 Article 2 of this Circular to purchase assets, goods and services for the purpose of maintaining their regular operations.

Article 2. Scope

1. Purchasing contents:

a) Purchases of working equipment under regulations by Prime Minister on standards and limits on working equipment of agencies, and officials and public employees;

b) Purchases of machinery and equipment serving professional operation, assurance of occupational safety, fire fighting and prevention;

c) Purchases of means of transport: cars, bikes, ships, boats, and other means of transport (if any);

d) Purchases of raw materials, fuels, gasoline, oil, chemicals, herbal ingredients, in-vitro diagnostic reagents, materials, consumables, tools and devices for ensuring regular operations;

dd) Purchases of professional outfits, clothing serving sector/field special activities as regulated (such as scrubs, patient apparel, prison uniform and other special clothes of other sectors), personal protective equipment (including payment for materials, design and tailoring services);

e) Purchases of IT products: machines, equipment, accessories, software, and other IT products and services, including installation, test run, warranty (if any) of IT projects funded by government budget according to government’s regulations on management of IT applications with non-business capital in compliance with the Government’s regulations on management of investment in application of information technology with funds from state budget;

g) Printing products, documents, forms, publications, regulated records, stamps; cultural articles, books, videos, and products and services for propagating, popularizing and serving professional tasks;

h) Non-consultant services consist of: Lease of services of maintaining and repairing machines, equipment, working facilities, means of transport; regular repairing of houses or construction works which are not in investment projects on basic infrastructure construction; services of leasing office building, shelters, official vehicles and industrial hygiene vehicles; waste treatment services; ornamental plants and flower garden care services; transmission line leasing services; insurance services; price appraisal services (if any); power, water and fixed telephone services; services of training and organizing seminars and conferences, other non-consultant services;

i) Consulting services consist of: Technology consulting services, consulting services for preparing, analyzing and appraising bids and other consulting services employed during the purchase for the purpose of maintaining regular operations of agencies;

k) Industrial property rights, intellectual property rights (if any);

l) Other assets, goods, consulting services and non-consulting services purchased for the purpose of maintaining regular operations of agencies.

The above-prescribed assets, goods, consulting services and non-consulting services are hereinafter referred to as assets, goods and services.

2. Funding for the purchase:

a) Funding from state budget on recurrent expenditures as regulated in the Law on state budget which is given by competent authorities under annual state budget expenditure estimates of relevant agencies (including annual additional funding);

b) Non-business capital sources for implementing National target programs in cases where no investment project is established;

c) Loan capital guaranteed by the government and other sources of funding managed by the government (if any);

d) Official Development Assistance (ODA): Non-refundable loans and grants that are balanced in recurrent expenditure from state budget; aids and finances from foreign non-governmental organizations, and those from domestic and foreign entities which are government revenues (except for the cases where international treaties on ODA and concessional loans of which Socialist Republic of Vietnam is a member shall apply);

dd) Revenues from the collection of fees and charges which are used in conformity with the law on fees and charges;

e) Revenues from non-business operations, non-business operation development funds, award funds, welfare funds and other lawful funds of public service providers;

g) Funding from the Health Insurance Fund;

h) Other lawful sources of revenue as regulated (if any).

3. The following cases shall not be governed by this Circular:

a) Purchase of materials and equipment for investment projects;

b) Purchase of specialized equipments and facilities for national defense and security;

c) Purchase of assets, goods and services made in foreign countries for serving regular operations of Vietnamese agencies in such foreign countries;

d) If the purchase of assets, goods and services prescribed in Clause 1 of this Article belongs to the national concentrated purchase list and the concentrated purchase list of ministries, regulatory bodies and local governments, regulations of the Law on bidding, the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 and their instructional documents shall apply.

Article 3. Methods of contractor selection

1. Methods of contractor selection consist of: competitive bidding, selective bidding, direct contracting, direct procurement, competitive offering, self-supply and contractor selection in special cases.

2. The head of purchasing agency shall, on the basis of annual state budget expenditure estimates and additional estimates given by the competent authority during the year, and Decision on purchase of assets made by the competent authority as prescribed in Clause 1 Article 5 of this Circular, apply an appropriate method of contractor selection to its purchase of goods and services as regulated.

3. For the cases where requirements have been satisfied to conduct the procurement of assets, goods and services without the bidding, if the purchasing agency believes that the bidding should be carried out in order to ensure managerial objectives and use funding from the state budget in an effective manner, the purchasing agency shall apply the competitive bidding as regulated and report the competent authority of results of the purchase of assets, goods and services.

Article 4. Collection and payment for contractor selection

1. Expenditures for contractor selection consist of:

a) Expenditure for preparing bidding documents, requests for proposals and organizing the bidding;

b) Expenditure for publishing bid invitation (if any);

c) Expenditure for hiring appraisal organization (if any);

d) Expenditure for operations of group of experts;

dd) Expenditure for the advisory board in charge of settling contractor’s proposals (if any);

e) Other expenditures for the contractor selection.

2. Expenditure levels:

a) Expenditure for appraisal: According to the level defined in the signed contract on the basis of contents and scope of service, implementation period, capacity and experience of experts and other elements; Expenditure for publishing bid information and participating in the national bidding network: Comply with guidelines by Ministry of Planning and Investment;

b) Expenditure for meetings of experts, meetings for appraising contractor selection plan, appraising bidding documents, request for proposals, and appraising contractor selection result, and meetings of advisory board: Apply the expenditure level for similar meetings prescribed in the Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of Ministry of Finance and Ministry of Science & Technology providing guidance on construction quotas, allocation of estimates and finalization of expenditures for performing scientific and technological tasks with funding from state budget;

c) With regard to contents of expenditures where specific expenditure levels are not regulated by the competent authorities, the procuring agency may decide the expenditure levels according to actually incurred amounts provided that such expenditures must be proper and lawful on the basis of compliance with regulations on invoices and documents, and the procuring agency shall bear responsibility for their expenditures;

d) Officials and public employees who work overtime for fulfilling contractor selection tasks shall get overtime pay as regulated in the Joint Circular No. 08/2005/TTLT-BNV-BTC dated January 05, 2005 of Ministry of Finance and Ministry of Home Affairs providing guidance on pay for night work and overtime pay of officials and public employees.

3. Collection contents:

a) Revenues from selling bidding documents and request for proposals: Based on the scale and nature of the procurement, the procuring agency shall decide the selling price of a set of bidding documents and the same of request for proposals (including tax) for domestic bidding providing that the maximum selling price of a set of bidding documents and request for proposals shall, respectively, not exceed VND 2,000,000 (two million dongs) and VND 1,000,000 (one million dongs). In case of international bidding, the selling price shall apply to international rules on bidding.

b) If the contractor makes complaint about contractor selection result, the procuring agency shall require such contractor to make payment for covering expenditure for settling such complaint. The collection rate is equal to 0.02% of the bid of the contractor who files the complaint provided that it must be from VND 1,000,000 (one million dongs) to VND 50,000,000 (fifty million dongs).

c) Revenues from bid security as prescribed in Article 11 of the Law on bidding, and revenues from contract performance security as prescribed in Article 66 of the Law on bidding.

4. Receipt: Using the receipt (Form No. C38-BB) stated in the Decision No. 19/2006/QD-BTC dated March 30, 2006 of Ministry of Finance providing policies on accounting applicable to administrative units.

5. Finalization: Because revenues from the purchase are not considered as government revenues, they are not taken into accounts of state budget; relevant agencies shall record revenues from bidding activities as their other sources of revenues and summarize them in their annual financial statements.

6. Funding for guaranteeing bidding process:

Purchasing agencies shall use sources of funding stated in Point a and Point b Clause 3 of this Article to cover expenses incurred from the bidding process and settling contractor’s complaints. If the said sources of funding cannot cover expenses incurred from the bidding process, purchasing agencies may use their recurrent expenditure for covering. On the contrary, the surplus shall be added to their operational expenditures.