Regulations on selection of contractors in units under and units affiliated to the General Department of Customs in Vietnam

What are regulations on selection of contractors in units under and units affiliated to the General Department of Customs in Vietnam?

Pursuant to Article 7 of Decision 369/QD-TCHQ in 2021, regulations on contractor selection are as follows:

1. Persons competent in contractor selection as prescribed in Law on Bidding No. 43/2013/QH13 dated 26/11/2013

a) Competent persons in the field of construction investment.

a.1) The Director of the General Department of Customs is the competent person in the selection of contractors for group B projects;

a.2) The Director of the Department of Finance - Administration is the competent person in selecting contractors for group C projects with a total investment of 15 billion VND or more;

a.3) The head of the estimation unit under and under the General Department of Customs is the competent person in selecting contractors for projects with total investment of less than 15 billion VND, renovation and repair projects. 

b) Competent persons in the field of information technology application.

b.1) The Director of the General Department of Customs is the competent person in selecting contractors for: Bidding packages under technology application projects specified at Point a, Clause 1, Article 5; bidding packages for hiring information technology services specified in Clause 2, Article 5; procurement bidding packages for information technology application activities make detailed outlines and cost estimates; procurement packages for information technology application activities that do not make projects, outlines and detailed estimates of industry nature (investment from 02 units under or under the General Department of Customs using above).

b.2) The head of the estimating unit is the competent person in the selection of contractors for procurement packages in information technology application activities without project formulation, detailed outline and cost estimates within the scope of the management unit (except for information technology service hire with implementation of a service outsourcing plan).

b.3) The heads of public non-business units that self-finance recurrent and investment expenditures units under and units affiliated to the General Department of Customs are competent in selecting contractors for bidding packages for procurement of assets under the General Department of Customs. information technology application activities from the fund for development of non-business activities and loans and mobilized capital as prescribed at Point c, Clause 2, Article 37 of Decree No. 151/2017/ND-CP dated December 26/ 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Property.

c) Persons competent in the field of procurement of assets, goods and services

c.1) The Director of the General Department of Customs is the competent person in selecting contractors for bidding packages for procurement of assets, goods and services specified in Clause 1, Article 1 of Decision No. 1610/ QD- The General Department of Customs dated May 31, 2018 of the Director of the General Department of Customs on regulations on the authority to decide on the procurement, management and use of public assets (excluding procurement of information technology assets) at customs offices and subordinates of the General Department of Customs, except for the provisions at point c.3 of this Clause;

c.2) The head of the estimation units under and units affiliated to the General Department of Customs is the competent person in selecting contractors for bidding packages for procurement of assets, goods and services under the management scope of the application;

c.3) Heads of public non-business units that self-finance recurrent and investment expenditures under and under the General Department of Customs are competent in selecting contractors for asset procurement bidding packages (excluding non-business establishments, automobiles) from the non-business development fund and borrowed and mobilized capital as prescribed at Point c, Clause 2, Article 37 of Decree No. 151/2017/ND- CP dated December 26, 2017 of the Government stipulating in detail a number of articles of the Law on Management and Use of Public Property.

d) Competent persons in the field of property leasing

d.1) The Director of the General Department of Customs is the competent person in the selection of contractors for bidding packages to lease properties with the proposed rental amount of VND 20 billion or more per 1 lease (except for cases specified in Clause 1 of this Article). specified at Point d.3 of this Clause );

d.2) The heads of the estimation units under and under the General Department of Customs are the competent persons in selecting contractors for bidding packages for lease of assets with the proposed rental fee of less than VND 20 billion/1 time;

d.3) The head of a public non-business unit that self-finances recurrent and investment expenditures units under and units affiliated to the General Department of Customs is the competent person in the selection of contractors for bidding packages to lease assets from the non-business development development fund and loan capital and borrowed and mobilized capital as prescribed at Point c, Clause 2, Article 38 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a Articles of the Law on management and use of public property.

2. Units, organizations and divisions appraise the contractor selection plan according to the provisions of the Bidding Law No. 43/2013/QH13 dated November 26, 2013, Decree No. 63/2014/ND-CP dated June 26, 2014.

a) The Department of Finance and Administration is the unit that appraises and reports to the General Director for approval of the contractor selection plan for bidding packages whose authority is defined in Clause 1 of this Article by the Director General, except : bidding packages specified at Point c.1 Clause 1 of this Article ; bidding packages under information technology application projects which the Department of Information Technology and Customs Statistics is not the investor; Bidding packages in information technology application activities must make detailed outlines and cost estimates of units under and units affiliated to the General Department of Customs.

The Director of the General Department of Customs authorizes the Director of the Finance and Administration Department to set up an appraisal department to perform the task of appraising the contractor selection plan, reporting to the General Director for approval of the contractor selection plan for the project with the bidding packages specified at Point c.1 Clause 1 of this Article.

b) The Department of Information Technology and Customs Statistics shall be the appraisal unit and report to the General Director for approval of the contractor selection plan for the bidding packages under the information technology application project approved by the Department of Information Technology and Customs Statistics is not the Investor; The contractor selection plan for bidding packages in information technology application activities must make detailed outlines and cost estimates of units under and under the General Department of Customs (including bidding packages in information technology application activities, detailed outlines and cost estimates must be made by the Department of Information Technology and Customs Statistics.).

c) The head of the estimate units under and units affiliated to the General Department of Customs shall, based on the functions, tasks and organizational structure of his/her unit, decide on the unit, organization or division under the management apparatus of the unit. The estimating unit shall appraise the contractor selection plan for the bidding packages which are considered and approved by the head of the estimating unit as the competent person specified in this decision.

3. The bid solicitor in the selection of contractors according to the provisions of Clause 3, Article 4 of the Bidding Law No. 43/2013/QH13 dated November 26, 2013.

a) The General Department of Customs is the bid solicitor for the bidding packages under the project invested by the General Department of Customs, the plan to hire information technology services by the General Department of Customs;

b) The Department of Information Technology and Customs Statistics is the bid solicitor for bidding packages: Bidding packages belonging to investment projects in information technology application are led by the Department of Information Technology and Customs Statistics. private; hire information technology services by the Department of Information Technology and Customs Statistics is the lead to hire services; procurement of information technology assets, goods and services of information technology application investment activities, making detailed outlines and cost estimates of industry nature (investment from 02 or more units under and units affiliated to the General Department of Customs); procurement of information technology assets, goods and services of information technology application investment activities without making projects, without making detailed outlines and estimates of a sectoral nature;

c) The Finance and Administration Department is the bid solicitor for bidding packages for procurement of assets, goods and services specified at Point c.1 Clause 1 of this Article, except for the provisions at Point e of this Clause;

d) The estimation unit under and under the General Department of Customs is the bid solicitor for: Bidding packages of information technology application investment projects invested by their unit; bidding packages in information technology application activities must make detailed outlines and cost estimates within the scope of the unit's professional management; bidding packages for procurement of information technology assets, goods and services are not required to formulate projects, detailed outlines and cost estimates within the scope of the unit's management; bidding packages for hiring information technology services by their own units; bidding packages to lease properties leased by their own units;

e) Public non-business units that cover their own recurrent and investment expenditures under and under the General Department of Customs are the bid solicitors for asset procurement bidding packages (except for non-business establishments, auto rent), lease assets from the fund for development of non-business activities and loans and mobilized capital according to the provisions of Point c, Clause 2, Article 38 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government. The Government shall detail a number of articles of the Law on management and use of public property.

4. The unit shall carry out the responsibility to supervise and monitor the bidding activities of the competent person according to the provisions of Clause 6, Article 73 and Clause 3, Article 87 of the Law on Bidding No. 43/2013/QH13 dated November 26, 2013, Article 126 of Decree No. 63/2014/ND-CP dated June 26, 2014 .

a) The Finance and Administration Department shall supervise and monitor the bidding activities of the investor and the bid solicitor for the bidding packages where the Director General is the competent person specified in Clause 1 of this Article, except for the Bidding packages of information technology application projects in which the Department of Information Technology and Customs Statistics is not the investor, bidding packages of information technology application activities must make detailed outlines and estimates in the scope of professional management of units under and under the General Department of Customs;

b) The Department of Information Technology and Customs Statistics shall supervise and monitor bidding activities of investors for bidding packages under an information technology application project, which is not an investor by the Department of Information Technology and Customs Statistics, the bidding packages of information technology application activities must make detailed outlines and cost estimates within the scope of professional management of the units under and under the General Department of Customs;

c) When deeming it necessary to supervise and monitor the bidding activities of the investor and the bid solicitor for bidding packages because he is the competent person as prescribed in Clause 2, Article 126 of Decree No. 63/2014/ND-CP dated June 26, 2014: The head of the estimation unit under and under the General Department of Customs shall base on the functions, tasks and organizational structure of the unit to assign tasks to an individual or unit or organization under the management of the implementing unit in the decision approving the contractor selection plan or a written notice (in the case of the bidding process) to the investors, the bid solicitor know and cooperate in implementation.

Best Regards!