Newest regulations on the list of concentrated purchase in the public property management in Vietnam

Newest regulations on the list of concentrated purchase in the public property management in Vietnam (Image from the Internet)

On September 15, 2024, the Government of Vietnam issued Decree 114/2024/ND-CP amending Decree 151/2017/ND-CP guiding the Law on Management and Use of Public Property 2017.

Newest regulations on the list of concentrated purchase in the public property management in Vietnam

According to Clause 49, Article 1 of Decree 114/2024/ND-CP, which amends Article 67 of Decree 151/2017/ND-CP on the list of concentrated purchase in Vietnam:

(1) The authority to promulgate the list of concentrated purchase shall be in accordance with the provisions of the law on bidding.

(2) Principles for building and applying the list of concentrated purchase:

- Assets included in the list of centralized procurement shall be adjusted to suit management requirements, procurement needs, legal regulations, and the capacity for organizing the procurement of the centralized procurement unit.

- The national list of concentrated purchase shall apply universally to agencies, organizations, and units under the management of ministries, central agencies, and localities.

- The list of concentrated purchase at the ministry and central agency levels shall apply to agencies, organizations, and units under the management of the ministry and central agencies. The provincial list of concentrated purchase shall apply to agencies, organizations, and units under local management.

- Assets listed for centralized procurement at the ministerial, central agency, and provincial levels shall not overlap with the national list of concentrated purchase already issued by the Minister of Finance and the Minister of Health.

- The Minister, the Head of the central agency, and the provincial People's Committee shall issue guidelines on technical standards and estimated prices for assets listed for centralized procurement in line with the standards, norms, and usage demands of the agencies, organizations, and units under their management.

(3) Procurement of the following types of assets shall not be performed as per the provisions in Chapter VI of Decree 114/2024/ND-CP:

- Special assets, specific-use assets of People's Armed Units.

- Assets of Vietnamese agencies abroad.

- Assets procured from aid funds, sponsorships, or funds from programs and projects using foreign capital where donors require procurement different from the provisions in Chapter VI of Decree 114/2024/ND-CP.

- Assets procured under investment construction projects where separating them into individual bidding packages would affect the project’s overall compatibility or limit contractor participation under the provisions of the law on bidding.

(4) The list of concentrated purchase must be publicly posted on the electronic portals of ministries, central agencies, provincial People's Committees, and municipalities directly under the central government.

Amendments to regulations on the purchase of public property serving operation of state authorities

Clause 2, Article 1 of Decree 114/2024/ND-CP also amends Article 3 of Decree 151/2017/ND-CP on the procurement of public property for the operations of state agencies as follows:

- The authority, order, and procedures for deciding to procure public property in cases where a project must be established shall be in accordance with other relevant legal regulations.

- The authority for deciding to procure public property in cases not covered under Clause 1, Article 3 of Decree 151/2017/ND-CP shall be as follows:

+ The Minister, Head of a central agency, Governor (collectively referred to as Ministers, Heads of central agencies) shall stipulate the authority to decide on procuring public property for state agencies under their management.

+ The provincial People's Council shall stipulate the authority to decide on procuring public property for state agencies under local management.

- Based on the budget estimates assigned and permitted funding sources, state agencies shall organize the procurement of assets in accordance with the laws on bidding.

The organization and implementation of procurement in a centralized manner shall be in accordance with the laws on bidding and the provisions in Chapter VI of Decree 151/2017/ND-CP.

- Procurement of assets specified in Article 3 of Decree 151/2017/ND-CP does not include the procurement of services for state agency operations. Procurement of services for state agency operations shall be conducted in accordance with relevant legal regulations.

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