Authority to decide on the procurement of assets, goods, and services for the activities of agencies and units under the Ministry of Health of Vietnam

Authority to decide on the procurement of assets, goods, and services for the activities of agencies and units under the Ministry of Health of Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

On April 11, 2024, the Minister of Health issued Decision 921/QD-BYT regulating the authority to decide on the procurement of assets, goods, and services for the activities of agencies and units under the Ministry of Health of Vietnam.

Scope of regulation of Decision 921/QD-BYT

Decision 921/QD-BYT regulates the authority to decide on the procurement of assets, goods, and services (including the leasing of information technology services; repair and maintenance of assets such as automobiles, other transportation vehicles, machinery, equipment) for the activities and assigned tasks of budgeted units (departments and offices of the Ministry) and units under the Ministry of Health, budgeted units of units under the Ministry of Health, Program owners, projects, non-project foreign aid, program management boards, non-project foreign aid projects chaired by the Ministry of Health, and foreign-funded state budget finance funds under or affiliated with the Ministry of Health, except for the following cases:

- Procurement of assets, goods, and services using public investment funds in accordance with the regulations on public investment.

- Procurement of public assets at public non-business units as stipulated in Point c, Clause 2, Article 37 of Decree 151/2017/ND-CP.

- Procurement packages, procurement items valued at no more than 200 million VND as stipulated in Point c, Clause 2, Article 91 of Decree 24/2024/ND-CP.

- Repair and maintenance services for public assets that are workplaces, operational establishments (performed in accordance with Decision 4788/QD-BYT in 2021).

- Procurement by selecting contractors in special cases as prescribed in Article 29 of the Bidding Law 2023.

Authority to decide on the procurement of assets, goods, and services of agencies and units under the Ministry of Health of Vietnam

The Minister of Health of Vietnam determines the authority to decide on the procurement of assets, goods, and services as follows:

- The heads of budgeted units under the Ministry of Health, budgeted units of units under the Ministry of Health directly using funds decide on the procurement of assets, goods, and services to serve the activities of their own agencies and units and assigned tasks.

- The heads of units under the Ministry of Health assigned as Program owners, projects, non-project foreign aid, or Directors of program management boards for non-project foreign aid projects chaired by the Ministry of Health decide on the procurement of assets, goods, and services to implement activities approved in program, project, non-project foreign aid documents, overall plan, and annual implementation plan.

- The directors of foreign-funded state budget finance funds under or affiliated with the Ministry of Health decide on the procurement of assets, goods, and services to carry out the activities of the funds.

(Article 3 of Decision 921/QD-BYT in 2024)

Funding within the scope of regulation of Decision 921/QD-BYT

- State budget funds granted with authorized jurisdiction (excluding public investment funds).

- Enterprise funds implementing national target programs in cases where no public investment projects are formed.

- Revenue from fees deducted or left according to the regulations on fees.

- Financial resources from enterprise operation revenue, enterprise development funds, rewards funds, welfare funds, other legal funds as prescribed by law at public non-business units.

- Official Development Assistance (ODA) loans, concessional loans, non-refundable ODA loans and non-ODA loans from agencies, organizations, individuals, foreign sponsors for Vietnam (collectively referred to as foreign aid funds), counterpart funds for implementation of programs, projects, non-project foreign aid projects managed by the Ministry of Health (excluding public investment funds).

- Domestic loans, funding as prescribed by law.

- Financial resources of foreign-funded state budget finance funds under or affiliated with the Ministry of Health.

- Legally sourced funds used in accordance with the regulations of the law.

(Article 2 of Decision 921/QD-BYT in 2024)

Nguyen Ngoc Que Anh

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