08:05 | 07/12/2022

Vietnam: How to publish and publicly announce the centralized procurement of goods and services on the website?

How to publish and publicly announce the centralized procurement of goods and services on the website? - Question of Mr. Trung (Hanoi)

What is centralized procurement in Vietnam?

The concept of centralized procurement is defined in Clause 1, Article 44 of the Law on Bidding 2013 as follows:

General provisions on centralized procurement
1. Centralized procurement means a way to organize an competitive bidding in order to select contractor through a centralized procurement unit with the aim to reduce expenses, time, and focal units of bidding organization, strengthen the professionalism in bidding, and contribute in increasing economic efficiency.

According to Clause 2, Article 44 of the Law on Bidding 2013, centralized procurement shall apply in cases where:

- Goods and services need to be procured with big quantity,

- Goods and services need to be procured with similar categories at one or many agencies, organizations, enterprises or investors.

Vietnam: How to publish and publicly announce the centralized procurement of goods and services on the website?

What are the provisions for centralized procurement in Vietnam?

Pursuant to Article 68 of Decree 63/2014/ND-CP, centralized procurement is built on the following 04 principles:

Rules for bulk purchasing
1. The purchases must be made via a unit specialized in bulk purchasing (hereinafter referred to as bulk-purchasing unit) of a Ministry, ministerial agency, Governmental agency, a central agency, the People’s Committee of a province, or a company. If the bulk-purchasing unit is not capable, it shall hire a professional bidding organizer to select a contractor.
2. With regard to goods and services on the list of goods/services that must be purchased in bulk, the buyer shall recognize the result of contractor selection, the framework agreement, and sign a contract with the selector contractor via shopping pursuant to the framework agreement. If the contract is signed with a contractor other than that selected via shopping, the contract shall not be paid for.
3. Application of online bidding to bulk purchasing shall be carried out under the roadmap approved by the Prime Minister.
4. When selecting contractors to perform similar contracts within the competence of different persons, such persons shall reach an agreement on authorizing a competent person as prescribed in Article 73 of the Law on Bidding; in this case, the competent person shall appoint a unit capable of selecting a contractor and fulfill other obligations prescribed in Article 69 of this Decree.

Thus, centralized procurement (including the procurement of public assets in a centralized manner) is carried out based on the above principles.

Vietnam: How to publish and publicly announce the centralized procurement of goods and services on the website?

The content of posting and public announcement of public asset procurement by centralized method on the Website is specified in subsection 1.2, Section 1 of Official Dispatch 12006/BTC-QLCS 2018 of the Ministry of Finance as follows:

- Centralized procurement unit or professional bidding organization hired to provide bidding services: Posting information on centralized procurement according to the provisions of Clause 3, Article 76 of Decree 151/2017/ND-CP.

Specifically:

Preparing for contractor selection; organizing contractor selection; evaluating bids and negotiating contracts; appraise, approve and publicize contractor selection results
...
3. The centralized procurement unit or professional bidding organization hired to provide bidding services must post information about centralized procurement on the national bidding network system, the Procurement Newspaper, Website on public property or Electronic transaction system on public property (for all centralized procurement packages) and Portal of ministries, central agencies and provinces ( for centralized procurement packages of ministries, central agencies and localities).
- Centralized procurement unit: Uploading the list of selected contractors, the framework agreement signed between the contractor and the centralized procurement unit, the document describing the property, the form of the procurement contract as prescribed. in Clause 3, Article 77 of Decree 151/2017/ND-CP.

Specifically:

Signing framework agreement on centralized procurement
...
3. The centralized procurement unit is responsible for:
a) Post the list of selected contractors, the framework agreement signed between the contractor and the centralized procurement unit, the asset description document, and the procurement contract template on the property website. Public property or electronic transaction system on public property (for all centralized procurement packages) and Portals of ministries, central agencies and provinces (for centralized procurement bidding packages of ministries, central agencies and provinces);
b) Notify in writing form to the agencies and units sending the demand for concentrated procurement to the centralized procurement unit, specifically:
- The national centralized procurement unit sends notices to ministries, central agencies and provinces;
- Centralized procurement units of ministries, central agencies and provinces shall send notices to focal units registering for concentrated procurement.

Thus, the centralized posting of electronic information on public property procurement is done according to the above-mentioned contents, ensuring timely posting and content.

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