Notable documents in the previous week (from November 14th to November 20th, 2022)

1. Amendment to the basis for application of methods of selection of contractors for procurement covered by state capital

This is a content of Circular No. 68/2022/TT-BTC on amendments to Circular No. 58/2016/TT-BTC on guidelines for use of state capital for procurement for maintenance of regular operations of state agencies

According to the Circular, the methods of selection of contractors for procurement covered by state capital shall be amended, as follows:

- The methods of selection of contractors include: open bidding, limited bidding, direct contracting, direct procurement, shopping, self-selection and selection of contractors in special cases.

- The head of agency or unit shall, on the basis of the annual state budget expenditure estimate (including increases in the year), other legal sources of finance of the agency or unit and Decision on procurement of goods, assets and services of the competent authority specified in Article 5 of Circular No. 58/2016/TT-BTC, apply a method of selection of contractors to procurement of goods, assets and services according to regulations.

(Other legal sources of finance of the agency or unit is an additional basis to apply methods of selection of contractors).  

- With regard to the cases where requirements have been satisfied to conduct the procurement of assets, goods and services without the bidding, if the agency or unit believes that the bidding should be carried out in order to ensure management and use funding from the state budget in an effective manner, the agency or unit shall apply the competitive bidding as regulated and report results of the procurement of assets, goods and services to the competent authority.

Circular No. 68/2022/TT-BTC comes into force as of November 14, 2022.

2. Procedure for verification of information about civil status

The new administrative procedure for civil status is promulgated according to 2022 Decision No. 2228/QD-BTP of the Ministry of Justice.  

According to this procedure, the people can choose one of two methods of submission of application:

- In person: the person who requests for verification of information about civil status shall submit an application for verification of information about civil status at the One-Stop-Shop Department/ Center for Public Administration of the Competent Authority that manages electronic database on civil status; pay fees and charges as prescribed by law.

- Online: the person who requests for verification of information about civil status shall access to the National Public Service Portal or the Provincial Public Service Portal, register an account (if the person does not have an account), authenticate users according to instructions, log in to the system and properly identify the Competent Authority that manages electronic database on civil status.

The person who requests for verification of information about civil status shall provide information in an interactive electronic form (provided on the Public Service Portal), attach photocopies or electronic copies of papers and documents relevant to the contents of the request for verification of information about civil status; pay the fee through the online payment or by other means as required by law and complete the submission of application.

See more details in Decision No. 2228/QD-BTP, which comes into force from November 14, 2022.

3. Proposed amendments to regulations on discount rates in petrol and oil trading

The Ministry of Industry and Trade has issued an Official Dispatch No. 7197/BCT-TTTN dated November 12, 2022 on review and proposal for amendments to regulations on petrol and oil trading.

The Official Dispatch clearly states that the Ministry of Industry and Trade cooperates with the Ministry of Finance and the Ministry of Justice in review and initial provision of some issues subject to proposal and amendments in Decree No. 83/2014/ND-CP, Decree No. 95/2021/ND-CP. To be specific:

- Petrol and oil price regulation cycle;

- Regulations on discount rates in petrol and oil trading;

- Petrol and oil retail agents can get petrol and oil from many sources;

- Rights and obligations of petrol and oil distributors;

- Rights and obligations of petrol and oil wholesalers;

- Uniform management of petrol and oil by the State;

- Management and use of Petrol and Oil Price Stabilization Fund;

- Amendments to Decrees on penalties for administrative violations against regulations on petrol and oil trading

4. Experimental period of procedure for the forest repurposing in Khanh Hoa province

On November 18, 2022, The Prime Minister has issued a Decision No. 23/2022/QD-TTg on experimental procedures for decision on guidelines for forest repurposing in Khanh Hoa province.

According to this Decision, the Prime Minister authorizes the People's Council of Khanh Hoa province to carry out the procedures for decision on the guidelines for forest repurposing for production forest from 50 ha to under 1.000 ha.

In case of investment projects, public investment projects and PPP projects under the competence of the Prime Minister in approval for the guideline for investment and the proposal for forest repurposing specified at Point a, Clause 1, Article 1 of Decision 23, the forest repurposing guideline is a content of Decision on approval for guidelines for investment in projects or Decision on guidelines for investment in projects:

The Ministry of Planning and Investment (or the Inter-sectorial Appraisal Council or the pre-feasibility study report appraisal agency) collects opinions from the People's Committee of Khanh Hoa province on guidelines for forest repurposing according to regulations of the Law on forestry, summarizes and submits to the Prime Minister for approval for guidelines for investment in projects.

The forest repurposing shall comply with regulations of Clause 2 Article 14 of the Law on Forestry, Decree No. 156/2018/ND-CP (amended in Decree No. 83/2020/ND-CP)

Experimental period: From the effective date of Decision No. 23/2022/QD-TTg (November 18, 2022) to the end of July 31, 2027.

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